official documents underpinning the statutory functions and powers of the Financial Ombudsman Service
The Financial Ombudsman Service is a public body set up by Parliament. We carry out statutory functions on a non-commercial, not-for-profit basis.
We are the statutory dispute-resolution scheme set up under the provisions of Part XVI and Schedule 17 of the Financial Services and Markets Act 2000 and Section 59 of the Consumer Credit Act 2006.
The "body corporate" that administers the scheme as the "scheme operator" (under s225 of the Financial Services and Markets Act) takes the form of a company "limited by guarantee and not having a share capital". This company is called the Financial Ombudsman Service Limited. The powers and functions of the scheme operator are set out in company's legal constitution:
memorandum of association and
articles of association
The scheme operator has a board consisting of nine directors – including the chairman. They are appointed by the Financial Services Authority (FSA) under the Financial Services and Markets Act 2000. The chairman of the board is appointed by the FSA with the approval of the HM Treasury. These directors (or board members) are "non-executive" – they are not involved in considering individual complaints. Their job as "public interest" directors is to take a strategic overview and ensure that the ombudsman service is properly resourced and is able to carry out its work effectively and independently. The directors appoint the ombudsmen and publish a report annually. The directors also form a number of sub-committees of the full board.
The rules setting out in more detail how the Financial Ombudsman Service (and businesses) should handle complaints are published as part of the FSA's Handbook – in the section called Dispute resolution: complaints.
The legislation and rules show the close "constitutional" relationship between the Financial Ombudsman Service and the regulators – the FSA and the Office of Fair Trading (OFT). In operational terms, the relationship between us and other official bodies is set out in a number of formal documents.
The memoranda of understanding between the ombudsman service and these official bodies reflect the fact that, while each of us is operationally independent and has distinct functions, we need to co-operate and communicate constructively, in order to carry out our functions effectively.
There are special procedures for ensuring liaison and co-operation between us and both the FSA and the OFT on cases that have wider implications.