CP21/1 and TPO Data

The request was partially successful.

Dear The Financial Conduct Authority,

On page 80 of CP21/1 in Para 31 the following is stated ‘We obtained data on financial services claims from ... the Pension Ombudsman.’

Could you please publish this data as received.

Yours faithfully,

Simon Evans

Freedom of Information, The Financial Conduct Authority

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Systems Regulator Limited)

Freedom of Information, The Financial Conduct Authority

2 Attachments

Our ref: FOI8223

 

 

Dear Mr Evans,

 

Freedom of Information: Right to know request

 

Thank you for your emails of 13 April March 2021, in which you asked:

 

1.            ’ On page 80 of CP21/1 in Para 31 the following is stated
‘We obtained data on financial services claims from the FSCS', Can you
please publish this data that is referred to.

 

2.            On page 80 of CP21/1 in Para 31 the following is stated ‘We
obtained data on financial services claims from the [Financial] ombudsman
service' Could you please publish this data that was received.

 

3.            On page 80 of CP21/1 in Para 31 the following is stated ‘We
obtained data on financial services claims from ... the Pension
Ombudsman.’ Could you please publish this data as received.’

 

Please note, you sent us three separate emails, which we have aggregated
under the reference shown above and processed as one request for
information under the Freedom of Information Act 2000 (FOIA).

Guidance issued by the Information Commissioner permits a public authority
to aggregate requests in the following circumstances (amongst others):

 

•          Two or more requests for information have been made to the same
public authority;

•          The requests are from the same person;

•          The requests relate to the same or similar information.

 

The Guidance can be found [1]here (see page 12).

 

We have processed your email in line with the provisions of the Freedom of
Information Act 2000 (FOIA) and our response is set out below. 

 

We can confirm that we hold the information you have requested. We are,
however, prohibited from disclosing to you the data on financial services
claims obtained from the Financial Ombudsman and Pension Ombudsman. This
is because it is ‘confidential information’ that the FCA has received in
the course of carrying out its public functions, as defined under section
348 of the Financial Services and Markets Act 2000 (FSMA). Section 44 of
FOIA (Prohibitions on disclosure) therefore applies. For more information
on this, please see Annex A. 

 

You may wish to contact the Financial Ombudsman and Pension Ombudsman to
obtain the information requested.

 

However, we have obtained consent from the FSCS to disclose some of the
information they have provided to us. This is contained in the attached
spreadsheet. The spreadsheet includes claim level information for the
2018/19 financial year and any data items which could lead to a firm or
claimant being identified have been removed.

 

Your right to complain under FOIA

 

If you are unhappy with this response, you have the right to request an
internal review.  To do so, please contact us within 40 working days of
the date of this response at [email address].

 

If you are not content with the outcome of the internal review, you also
have a right of appeal to the Information Commissioner by phone or on
their website at:

 

Telephone: 0303 123 1113

Website: www.ico.org.uk

 

Yours sincerely

 

 

Information Disclosure Team

[2]cid:image001.png@01D5F6F8.E90FD970

 

12 Endeavour Square

London

E20 1JN

 

         

         

Annex A

         

•        Section 44 (Prohibitions on Disclosure)

 

Section 44(1)(a) of FOIA states that information is absolutely exempt from
disclosure if this is prohibited by law.  Section 348 of FSMA restricts
the FCA from disclosing ‘confidential information’ it has received. FSMA
allows exceptions to this in a few specific circumstances, but none of
these apply to this request.

 

Confidential information here is defined as non-public and non-anonymised
information involving a person’s business or other affairs, which the FCA
received.

 

The information you requested is confidential information under this
provision. If we disclosed this information, without the provider’s
consent and the consent of the person the information is about, we would
be a breach of section 348 of FSMA. This would be a criminal offence.

 

In many requests for information under FOIA we have to judge different
factors to decide whether disclosing the requested information would be in
the public interest or not. For this request, we have an ‘absolute’
exemption against supplying the information, and so we do not need to make
this kind of judgement.

This communication and any attachments may contain personal information.
For more information about how and why we use personal information and who
to contact with any queries about this, please see our privacy notices:
FCA Privacy Notice (https://www.fca.org.uk/data-protection) and PSR
Privacy Notice
(https://www.psr.org.uk/cookies-privacy-a...).

This communication and any attachments contain information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer. Further information
on the classification and handling of FCA information can be found on the
FCA website
(http://www.fca.org.uk/site-info/legal/fc...).

The FCA (or, if this email originates from the Payment Systems Regulator
Limited, the FCA on behalf of the Payment Systems Regulator Limited / the
Payment Systems Regulator Limited) reserves the right to monitor all email
communications for compliance with legal, regulatory and professional
standards.

This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from the
Financial Conduct Authority (FCA), or the Payment Systems Regulator
Limited.

The Financial Conduct Authority (FCA) is registered as a limited company
in England and Wales No. 1920623. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

The Payment Systems Regulator Limited is registered as a limited company
in England and Wales No. 8970864. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

Switchboard 020 7066 1000

Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment
Systems Regulator Limited)

References

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