I have been informed by the FSPO that Section 50 of the FSPO Act sets out that the Ombudsman shall not investigate or make a decision on a complaint where the internal dispute resolution procedures required under Section 54 of the FSPO Act have not been complied with.
Provision 10.9 (d) of the Central Bank of Ireland’s Consumer Protection Code 2012 , provides that a regulated entity inform the consumer (that has made a complaint) that they can refer the matter to the relevant Ombudsman, and must provide the consumer with the contact details of such Ombudsman, where a complaint has been received and remains unresolved after 40 working days, or where a final response letter has been issued by the provider.
The FSPO does not collect information with respect to whether or not a complainant was referred to it by a financial services provider.