FOS at a crossroads – material reforms aim to end quasi-regulatory role
July 16, 2025
FOS at a crossroads – material reforms aim to end quasi-regulatory roleJuly 16, 2025 Why read this? The Financial Ombudsman Service (FOS) was established under the Financial Services and Markets Act 2000 (FSMA) to provide a simple and impartial mechanism for resolving complaints between consumers and financial services firms. However, concerns have been raised about the FOS’s role, particularly its perceived function as a quasi-regulator, its handling of Mass Redress Events (MREs) or issues with wider implications, and the lack of alignment between its determinations and FCA rules. At times, these issues have created regulatory uncertainty, inhibited innovation, and led to inconsistent outcomes for consumers and firms. The long-simmering concerns around the operation of FOS have reached a crescendo. In November 2024, the Chancellor used her Mansion House speech to signal a bold new direction for financial services regulation, highlighting the need for reform in how consumer disputes are handled. This was swiftly followed by a joint call for input from the FOS and the FCA. Shortly thereafter, HM Treasury announced a formal review, underscoring the seriousness of the issue and FOS published a consultation on the interest rate applied to compensation awards. Now, with two consultation papers published on 15 July 2025 and a Policy Statement by FOS on application of interest rates (see our flash update), the landscape is shifting rapidly. These developments mark the beginning of a once-in-a-generation transformation of the FOS – which are intended to usher in a new era of fairness, transparency, and accountability in financial redress, whilst attempting to return FOS back to its roots – a simple, impartial dispute resolution service which quickly and effectively deals with individual complaints. Key Proposals for Reform Government proposals The Government has proposed a comprehensive package of legislative changes aimed at delivering far-reaching reforms to FOS. They include proposals to:
Additional proposals by FOS and the FCA: In addition to the Government’s proposals, FOS and the FCA have set out some additional proposals for change including:
What is unlikely to change?
Next Steps Both consultations remain open until 8 October 2025. Thereafter, the Government intends to implement the necessary legislative changes when parliamentary time allows. As to the reforms proposed by the FCA and FOS, they intend to publish a Policy Statement in H1 2026, confirming any changes and the implementation periods. As above, FOS has announced that it will change the interest rate applied to compensation awards from 8% to the Bank of England’s base (average) rate +1%. See our Flash Update for further detail. This change is likely to be introduced for all new complaints referred to FOS from 1 January 2026. Comment The reforms are likely to be greeted with cautious optimism by the financial services industry who have raised long-standing concerns about the FOS’s role and approach and put forward suggestions for reform. Whilst the Government’s intent to create a more predictable, transparent and balanced system for resolving financial disputes – one that better serves both consumers and firms – will be welcomed, the detail of the proposals draft rules and legislation will not be available for scrutiny until H1 2026. The absence of proposals for a route of appeal from FOS to the courts is likely to disappoint those who have long called for reform. Further, many will feel that the Government has underappreciated the key role that the courts may play in MREs, in not addressing calls from the industry for modification of the test case provisions within DISP that would enable complainants and respondents to seek clarification from the courts on points of law, where complaints have wider implications. There is likely to be concern as to in what circumstances the FCA would seek an opinion from the courts on matters of legal interpretation. Absent adequate mechanisms that enable complainants and respondents to seek a view from the courts on points of law, it is foreseeable that conflicting interpretations will continue to develop between complaints on the one hand and litigation on the other, leading to uncertainty for firms and consumers – as has happened in the case of disputes concerning motor finance commission. The Government’s proposed changes to s404 FSMA, potentially represent a significant expansion of the power of the FCA to instigate consumer redress schemes and firms will be keen to scrutinise the detail of Government’s proposals (and any checks and balances on the FCA’s powers) when further details are published. Contact: Eversheds Sutherland has extensive experience in advising clients on matters involving the FOS and the regulatory landscape. If you would like more information about the proposed reforms, or require assistance in preparing a response to the ongoing consultations, please get in contact with our team. Latest Insights
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