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The chance of winning a JR against fos is very low. The Ombudsman's discretion is so wide it is hard to challenge, especially as he is not actually required to follow the law when reaching his decision !
As there is no appeal against an Ombudsman's decision, FOS is rarely challenged and so continues under the impression that all 166,312 decisons made last year by over 1000 Adjudicators and Ombudsmen are absolutely correct, when common sense tells us that there MUST surely be many, many mistakes.
Two levels of appeal are possible against FOS 'service standards'... the Service Review Team and the Independent Assessor, but there is no way of challenging an Ombudsman's 'decision'...it's a disgrace.
You can not use JR to challenge a decision. You can only use it to challenge the way that a decision was reached. In other words if a proper procedure was not applied or it discretion was exercised incorretly - or not exercised at all where a discretion existed then you can bring a JR.
BankFodder...I think you are quite right, however the Ombudsmens' discretion is so wide ranging it is apparently very difficult to challenge
As far as I can see, all they have to do is make a decision that is 'fair and reasonable' and how they get to that conclusion is pretty well up to them.
See http://www.practicallaw.com/1-201-0624 for a legal view.
You could only challenge if you had discovered that they had not collected all the evidence or that it had not been properly considered. - or exceptionally that the decision defied the evidence.
I wouldn't waste time considering JR, I'm afraid.
If you have a real basis for a complaint then the thing to do is to go to the county court.
If you have an fos decision which you really believe is wrong then go to the County Court.
If you can get a court judgment which disagrees with an FOS finding then believe me, that is as good as a JR and very much cheaper
i had many biased and irrational decisions by the fos between 2007 - 2008 and none of these got changed up to the IA. All of these were clearly not common sense. I lost many thousands i should have received from the banks.
i took it to my MP who told me nothing could be done except a JR and to leave it as that is very expensive.
i've never made any progress with the banks since they always quote the FOS and now say i am out of limitation.
basically, once they make a decision they do not want to change, there's nothing else you can seem to be able to do.
i have a complaint thats suppose to be reviewed by an Ombudsman and an adjudicator let slip that the ombudsman decision is actually made by assistant ombudsmen surely thats not acceptable
judicial review
so far!
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Originally Posted by BankFodder
