Information Commissioner's Office

Financial Ombudsman Service

4 August 2014, Local government (Other)

The complainant requested information concerning his clients’ file regarding a case investigated by the Financial Services Ombudsman (the “FOS”) and the related legal advice received by the FOS concerning the case. He also requested a copy of communications between the FOS and the Financial Services Authority or “FSA” (now the Financial Conduct Authority or “FCA”) relating to the issues raised by the case. The FOS provided some information concerning the case and applied section 42(1) of the FOIA to the requested legal advice. However, with respect to the request for communications with the FSA, the FOS explained it would neither confirm nor deny whether it held further information under section 44(1) and 44(2) of the FOIA. It explained this was because to do so would contravene section 348(1) of the Financial Services and Markets Act (the “FSMA”). The Commissioner’s decision is that the FOS has correctly applied section 44(2) and section 42(1) of the FOIA to this request. There are no steps to be taken.

FOI 42: Not upheld FOI 44: Not upheld