2 half days – using case studies involving real complaints
Introduction
Objectives of training and complaints handling
FCA rules – DISP 1.1A for MiFID cases
FOS materials
Building the complaints procedure
A complaints procedure and policy
Complaints management function
Scope of the procedure and the FCA Complaint Rules (DISP)
Advanced disclosure of the complaints process
Summary details and their uses
Website disclosure of how to complain
Identifying Complaints
Definition of complaints
Defining expressions of dissatisfaction
Digital media comment
Third party complainants
Eligible complainant definitions – business customers
Handling the complainant who doesn’t want to complain
Complaints about another firm and forwarding
Record-keeping
End of the next three business day rule
Acknowledgement
Time-limits and content
Obtaining authorities – handling third party cases
Investigation
Who? Need for independence
What needs to be investigated?
How to investigate
Obtaining the version of events of all people involved
Relationship between discipline and investigations
8 week letters
Assessment
Standards to be applied
Materials to consult
Dangers of premature adjudication
Time-bars
Reasons why complaints are upheld
Unsuitable advice
Product provider responsibilities
Customer’s misled by non-disclosure
Bad administration
Compensation principles
Interest rates and tax
Customer unreasonableness
Final Response
Regulatory requirements – standards and letter form
Structure and live demonstration of the letter
Replying to the unintentional complainant
Referring the customer to FOS and the Pensions Ombudsman
Dealing with obstructive customers
Financial Ombudsman Service
Limits on FOS’ powers
Jurisdictional filter – refusal to investigate cases within jurisdiction
FOS procedure
Awards – limits and obligations to honour them
Reporting and publishing complaints data
Basic principles – Q&A
Root cause analysis
Learning from cases
Identifying recurring or systemic issues
Remedying them
Techniques for doing root cause analysis
Management information