Dáil Éireann Debate, Tuesday - 20 March 2018
75. Deputy Jim O'Callaghan asked the Minister for Finance the average time taken by the Financial Services and Pensions Ombudsman to assess and determine complaints made regarding financial institutions; the number of staff working on these complaints; and if he will make a statement on the matter. [12096/18]
Amharc ar fhreagra76. Deputy Jim O'Callaghan asked the Minister for Finance the number of complaints made to the Financial Services and Pensions Ombudsman in cases in which financial institutions have refused to co-operate or engage with those complaints; and if he will make a statement on the matter. [12097/18]
Amharc ar fhreagraI propose to take Questions Nos. 75 and 76 together.
Firstly, I must point out that the Financial Services and Pensions Ombudsman is independent in the performance of his statutory functions. I have no role in the day to day workings of his office. The Financial Services and Pensions Ombudsman (FSPO) was established on 01 January 2018 under the Financial Services and Pensions Ombudsman Act 2017.
The Ombudsman has advised me that as the organisation has only been in existence since the beginning of the year, it is considered that the data for this short period would not be helpful to the Deputy, and therefore the information provided below is based on the work of the Financial Services Ombudsman (FSO) for the year 2017 in relation to both its informal and formal processes.
I understand that the Financial Services Ombudsman closed a total of 3,867 complaints in 2017, which included:
- 1,202 complaints closed following registration, referral, and follow up with complainants
- 2,370 complaints closed through dispute resolution using mediation techniques
- 295 closed following investigation, adjudication and/or legal review.
Informal Process
Mediation provides a flexible and innovative approach to complaint resolution. For those complaints closed in 2017 via Dispute Resolution using mediation techniques, I understand that the times taken were as follows:
- 43% were closed within 2 months
- 67% were closed within 4 months
- 79% were closed within 6 months
- 21% took over 6 months to close.
Formal Process
Complaints not resolved through informal processes, and considered to be within jurisdiction, are subsequently formally investigated and adjudicated. As the investigation process involves regular exchanges of evidence, the length of this process is dependent on the number of submissions made by each party, and the complexity of the matters at hand.
For those complaints closed in 2017 following a full investigation and written adjudication, I understand that the times taken were as follows:
- 13% were closed within 1 year
- 65% were closed within 2 years
- 80% were closed within 3 years
- 20% took over 3 years to close.
The Financial Services and Pensions Ombudsman has a staff of 57, of which 4 employees are on temporary secondment from the Department of Employment Affairs and Social Protection. It is worth noting that the FSPO has a number of current vacancies, and that some staff are engaged in corporate roles which do not directly involve the processing of complaints.
On the issue more generally, the powers of the Ombudsman in relation to the investigation of a complaint are set out in Section 47 of the Act. Sections 47(3)a and 47(3)b grant the Ombudsman significant powers to require providers to furnish evidence relevant to his investigation, whereas Section 59 sets out how obstruction of the work of the Ombudsman may be dealt with. While on occasion, the Ombudsman has had cause to remind providers of these powers to ensure co-operation, a refusal to co-operate has not occurred and would not be tolerated by the Ombudsman.
