Complaints Commissioner Decides Against The FSA

On 27 March 2014, the Complaints Commissioner published a decision on a complaint that the FSA, the predecessor of the FCA and the PRA, failed to act fairly, as required under the Financial Services and Markets Act, in publishing the Final Notice relating to the Complainant. The Complaints Commissioner found that the FSA did not exercise fairness in its decision and recommends that the FSA apologise to the Complainant for the delay in the investigation of his complaint, pay certain sums to the Complainant, reviews its procedures to ensure that there is an assessment of fairness of the publication of Final Notices going forwards and considers withdrawing the publication of the Complainant's Final Notice. The Complaints Commissioner is investigating a related complaint from the same Complainant regarding the FSA's conduct of the enforcement investigation, in particular the exercise of a search and seizure warrant.