Our jurisdiction to consider complaints

Our jurisdiction is determined by applying the Dispute Resolution (DISP) rules that govern our service to the facts of each individual complaint.  

If you think the complaint falls outside of our jurisdiction for one of the factual reasons set out, please let us know as soon as possible and provide the relevant supporting documentation.

We can only look at complaints against a firm that: 

• is authorised by the Financial Conduct Authority (FCA) or  
• is authorised by the Prudential Regulation Authority (PRA) to carry on one or more covered or regulated activities or   
• has joined our voluntary jurisdiction  

If you think a complaint we have been asked to investigate is outside of our jurisdiction because the firm isn’t covered then tell us.

Are you the correct respondent?

• check you are the correct respondent for the complaint by confirming you are responsible for the activity being complained about
• if you think a different firm is responsible, tell us who you think is liable and why
• if there has been a transfer of any part of your business over time, provide a timeline of liability and any Part VII transfer documents

Read the full DISP rules in the FCA handbook.

We can only consider complaints that relate to regulated or otherwise covered activities, or activities ancillary to one of those.  

• for firms under our compulsory jurisdiction the list of covered activities are set out in DISP 2.2
• for firms under our voluntary jurisdiction the list can be found in DISP 2.5 

If you think a complaint is about an activity we cannot consider then tell us.

Read DISP 2.2 in the FCA handbook.

We can only consider complaints: 

• brought by, or on behalf of, an eligible complainant as set out in DISP 2.7.1R and    
• if their complaint arises from matters relevant to one of the relationships with the respondent set out in DISP 2.7.6R

Tell us if you think the complainant is not eligible and tell us if you think there may be more than one eligible complainant for the matter being complained about . 

Read DISP 2.7 in the FCA Handbook.

It’s important we know the location the activity complained about took place from so we can ensure it falls within our territorial remit set out in DISP 2.6.

For our Compulsory Jurisdiction:  

• for events that occurred before 31 December 2020 – our compulsory jurisdiction covers complaints about the activities of a firm carried on from an establishment in the United Kingdom 
• for events that occurred after 31 December 2020 – as above, and if the firm joined the Temporary Permissions Regime (TPR) we can also consider complaints about activities which are carried on from outside the UK with respect to services provided into the United Kingdom

If you are a member of our Voluntary Jurisdiction: 

• our voluntary jurisdiction covers activities by a firm that are directed wholly or partly at the UK; and where the relevant contract is under the law of the UK  
• if your firm is a Claims Management Company (CMC) then please refer to the applicable territorial rules in DISP 2.6  

If you think a complaint is outside of our territorial remit then tell us.

If the location of your firm has changed across the UK border over time, tell us when the changes took place and what activities were affected 

View DISP 2.6 in the FCA Handbook.

If you think one of the time limits set out in DISP 2.8 may apply to the complaint, you will need to provide any relevant supporting documentation you hold.

• tell us whether you have been given the appropriate time period to consider the complaint yourself in the first instance 
• if the complaint has potentially been brought to us outside the six month time limit, provide a copy of your original dated valid final response letter. If a copy of the original letter is not available, provide evidence or alternative records to show the date the letter would have been dispatched 
• tell us if the complaint was made more than six years after the event being complained about and more than three years after the complainant ought reasonably to have been aware of cause for complaint. You need to tell us if you consent to us looking at the complaint if its late. And provide supporting evidence to show what you think triggered the three year part of the rule

View DISP 2.8 in the FCA Handbook.

There could be reasons it may not be appropriate for us to consider a complaint. For example, this might be where the subject matter of the complaint would be better dealt with by a court, or where court action is already ongoing, or this service has already previously considered the subject matter.

• tell us if you think there is any other reason why it may not be appropriate for this service to consider the complaint

We publish some case study examples (PDF 135KB) of situations where this sort of consideration might apply.