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the independent assessor

The independent assessor, Amerdeep Somal, is appointed by our board and has her own official terms of reference. She can consider complaints from consumers and businesses about the level of service we provide.

The independent assessor's remit does not cover disagreements about whether we were right to uphold or reject a dispute between a business and a consumer.

If you have given us the opportunity to respond to a complaint about the level of service we have provided, and you’re still not happy, you can contact the independent assessor, Amerdeep Somal.

how does the independent assessor work?

The independent assessor considers the information you provide and looks at all our papers on the case. She will then decide whether your complaint about our service is justified. If she thinks the service we gave you was satisfactory, she will tell you why. If she thinks our service was not satisfactory, she will explain her reasons and will recommend the steps we should take to put things right.

the independent assessor's annual report

Each year the independent assessor produces an annual report for our board – setting out findings and recommendations made over the year. The most recent annual report from the independent assessor covers the financial year 2015/2016 and is published in full on pages 55 to 57 of our directors' report and accounts.

Welcoming the independent assessor's annual report, Sir Nicholas Montagu, the chairman of the board of the Financial Ombudsman Service, said:

The board has accepted the independent assessor's report and its recommendations in full and would like to thank the independent assessor for her contribution to improving the customer experience for those using the ombudsman service.

the independent assessor's terms of reference

making a complaint

1) The independent assessor is appointed by the board of the Financial Ombudsman Service.

2) The independent assessor can consider complaints about the standard of service provided by the ombudsman service. This covers the practical handling of a case – but not disagreements about its outcome.

3) Any person or business directly affected by how the ombudsman service deals with a case can complain to the independent assessor.

4) Before a complaint can be made to the independent assessor, the ombudsman service must have had a reasonable opportunity to respond through its own internal process for dealing with service complaints.

5) A complaint to the independent assessor must be made within three months of the ombudsman service confirming that it has completed its own internal process for dealing with the service complaint.

6) The independent assessor can’t comment on the facts or outcome of a case. This includes the ombudsman service’s use of judgement about:

  • whether a complaint is within the ombudsman service’s jurisdiction;
  • whether to dismiss, reject or uphold a complaint; or
  • what redress to award.

7) Generally, the independent assessor will only consider a service complaint after the ombudsman service has completed its investigation of the case against the financial business. But in exceptional circumstances, they can tell the ombudsman service to put its investigation on hold while they look into the service complaint.

8) The independent assessor will not consider a complaint where:
a) You have previously made a complaint to the independent assessor about the same issue;
b) Your complaint is frivolous, vexatious or malicious;
c) Your complaint is made by a third party or representative without your prior written signed authority; and/or
d) Your complaint relates solely to matters  other than our handling of the complaint against a business, for example, how we have responded to a Freedom of Information or Subject Access Request

the report

9) The independent assessor will notify both the individual or business and the ombudsman service of the issues their report will cover.  

10) The ombudsman service will – usually within two weeks – provide the independent assessor with all its files relating to the service complaint, together with its comments on the issues the report will cover.

11) The independent assessor might need to ask the individual or business or the ombudsman service for any further information that they consider necessary to complete their report. 

recommendations

12) The independent assessor will give their findings in writing to the person or business who made the service complaint and to the ombudsman service. There is no further appeal against the independent assessor’s opinion and recommendations.

13) If the independent assessor decides that the ombudsman service hasn’t met its service standards, they can make a recommendation to the chief ombudsman. This might be that the ombudsman service should apologise – or should pay compensation for any damage, distress or inconvenience caused by the poor service. Compensation will be equivalent to what the ombudsman would award against a business in similar circumstances. 

14) If the chief ombudsman accepts a recommendation from the independent assessor, the ombudsman service will write to the individual or business that made the service complaint and will notify the independent assessor.

15) If the chief ombudsman doesn’t accept a recommendation, they will notify the independent assessor. The independent assessor will refer the matter to the board of the ombudsman service. The board will usually decide on their response at their next meeting.  

16) If the board decides not to accept a recommendation, they will give their reasons to both the independent assessor and the person or business making the service complaint. The reasons will be published in the annual directors' report.

reporting on complaints

17) Each year, the independent assessor will report to the board of the ombudsman service on the number and nature of the complaints they have received, and the recommendations they have made to the chief ombudsman (or referred to the board) in the last financial year.

The independent assessor's annual report will be published within the ombudsman service’s annual directors' report, together with the board’s formal public response.

photo: Amerdeep Somal

photo: Amerdeep Somal