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FOS to consult on test cases

The FSA and FOS set out for consultation today proposals they hope will achieve greater clarity in the handling of complaints.

The Ombudsman is to consult on the use of test cases as an alternative to making decisions on cases that turn on a legal issue. It says a similar mechanism was available in the former PIA and Banking Ombudsman Schemes.

The FOS is also proposing building on its existing industry liaison group arrangements which it hopes will provide a more formal mechanism to achieve discussion on wider implication decisions.

The paper also looks at the legal and practical issues that would be involved in introducing an external appeals system that would operate after an Ombudsman decision.

FSA Managing director retail markets Clive Briault says: “The paper reflects the issues and ideas raised with us during our discussions with stakeholders earlier this year. Our discussions revealed that there is no clear consensus about whether any changes are needed to the current arrangements or what they should be, but there were some common threads &#45 which we have focused on in our proposals.”

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