The Ombudsman should operate in an "informal and expeditious manner"

[Brendan Burgess]

Here is the relevant section of the Central Bank and Financial Services Authority Act of 2004 which set up the Ombudsman service.

57BB.—The objects of this Part are as follows:

(a) to establish the Financial Services Ombudsman as an independent officer to investigate, mediate and adjudicate complaints

(b) to ensure that the Financial Services Ombudsman and the staff of the Financial Services Ombudsman’s Bureau are accessible and that complaints about the conduct of regulated financial service providers are dealt with efficiently and effectively and are adjudicated fairly;

(c) to enable such complaints to be dealt with in an informal and expeditious manner;

(d) to improve public understanding of issues related to complaints against regulated financial service providers and related consumer protection matters.

 

[Brendan Burgess]

These can be summarised as follows

• Independent
• Accessible
• Efficient
• Effective
• Fair
• Informal
• Expeditious

I find the stressing of "informal" very interesting. This suggests to me that the investigation should not be formal and "legalistic". Obviously, they have to follow due process to be fair to both sides.



For example, an oral hearing, would be conducted informally and not formally as a court hearing would be. I presume a hearing would not be bound by formal rules of evidence and legal clauses.

 

[Brendan Burgess]

There is another very important section in the Act

57 CI (2) A complaint may be found to be substantiated or partly substantiated only on one
or more of the following grounds:
...(c) although the conduct complained of was in accordance with a law or an established practice or regulatory standard, the law, practice or standard is, or may be, unreasonable, unjust, oppressive or improperly discriminatory in its application to the complainant;