Making a complaint about the JFSC

Statement of purpose

We are committed to acting fairly and professionally at all times.
Complaints about our work or conduct help us review how we operate, identify areas for improvement and maintain high standards of service that support effective regulation and business development. Our complaints policy is designed to ensure complaints received by the Jersey Financial Services Commission (JFSC) are handled consistently and fairly.

In most cases, concerns can be resolved through open communication - typically by writing directly to the JFSC colleague you are dealing with. However, we recognise that not everyone who is dissatisfied with their interaction with us wishes to submit a complaint. To ensure we still capture valuable feedback, we record these interactions so we can review what they tell us about our ways of working and improve how we operate.

If matters cannot be resolved through your usual dealings with us, you can make a complaint under this policy.

This policy explains how you can make a complaint, how we handle it, and what you can expect. It sets out:

• the types of complaints we consider
• the timescale for responses
• how an investigator is appointed
• what remedies may be available when a complaint is upheld

This policy does not cover complaints made by customers against regulated firms. If you believe a firm has breached its regulatory requirements, you can report this to us, and the report will be directed to the firm’s Supervisor. Similarly, this policy does not address complaints about our Codes of Practice, published guidance, policies, or similar materials.  This feedback should be directed to our Policy team email: policy@jerseyfsc.org.

Complaints process

Scope

We consider complaints about shortcomings in our work or conduct, where these relate to how we have carried out, or failed to carry out, our statutory functions. This may include:

• a mistake or lack of care
• unreasonable delay
• unprofessional behaviour
• bias
• a lack of integrity

Complaints that fall outside the scope of this policy include:

• complaints from regulated businesses or individuals a regulatory process or investigation is ongoing (these will be considered once that process has concluded)
• dissatisfaction with our Codes of Practice, published guidance, policies or similar materials (this feedback should be directed to policy@jerseyfsc.org)
• repeat complaints about issues we have already considered
• complaints relating to a person’s employment with us (past or present)
• contractual or commercial disputes involving the JFSC
• complaints where you have already started legal proceedings
• complaints concerning matters relevant to the Data Protection (Jersey) Law 2018, in which case complaints must be made in writing to our Data Protection Officer, at our address above 

We reserve the right to cease any complaints process where you have demonstrated unacceptable or unreasonable behaviour, such as aggressive or abusive conduct.

Timeline for bringing a complaint

We request that a complaint is submitted within 12 months of becoming aware of the issue. We may consider a complaint outside of this period exceptional circumstances justify the delay, such as illness or significant personal circumstances.

How to make a complaint

When submitting your complaint, please set out:

• the reasons for your complaint
• why you disagree with our actions or omissions
• any relevant facts
• supporting documents
• what outcome you would like from us

Complaints should be made in writing and sent:

• by email to complaints@jerseyfsc.org
• by post to: 
  Complaints
  Commission Secretary
  Jersey Financial Services Commission,
  14-18 Castle Street,
  St Helier
  Jersey
  JE4 8TP

Timeline for processing a complaint

We commit to:

• acknowledging complaints within 5 working days of receipt
• investigating and concluding complaints promptly, and providing our response within 20 working days of receipt of the complaint

If you do not receive an acknowledgement within this period, please contact the Commission Secretary at complaints@jerseyfsc.org

There may be occasions where it is not possible to conclude our investigation within 20 working days. In these circumstances, we will write to explain the delay andaim to complete the process within a further 20 working days.

Initial review of complaints received

Our Commission Secretary carries out an initial review of all complaints received to determine whether it falls within the scope of this policy.

If the complaint falls outside the scope of this policy (or is subject to a pause because of an ongoing regulatory process or investigation), our Commission Secretary will write to inform you.

Investigating and concluding

Appointment of an investigator

Our Commission Secretary will arrange for the appointment of an investigator for complaints deemed within the scope of this policy. The Commission Secretary is responsible for confirming the appointment of the investigator, and their decision is final.

The appointed investigator will be an appropriately senior and experienced colleague. Seniority and experience will be appropriate to the subject matter of the complaint. In more complex cases, it may be appropriate to appoint an investigator who is not directly involved in the subject matter of the complaint.

In exceptional cases, it may be appropriate to appoint a Commissioner to undertake the investigation.

Role of the investigator, including the investigation process

The investigator will investigate as appropriate and proportionate to the seriousness and complexity of the complaint to determine if, and to what extent, the complaint is justified. In undertaking their investigation, the investigator may:

• request additional information from you about the complaint
• request a meeting so that the investigator can better understand the complaint and its background
• require us to provide any information and documents that the investigator may reasonably require
• request that any of our colleagues answer questions relevant to the investigation

The investigator must respect, and cannot share, any confidential or restricted information.

Investigation conclusion

The investigator will prepare a written response to the complaint they have investigated, which summarises the nature and substance of the complaint and describes the:

• investigation carried out
• conclusions they reached
• rationale for those conclusions

Remedies

If the complaint is upheld, the investigator will set out recommended steps, which may include one or both of the following:

• an apology and supporting explanation
• recommendations for any remedial action required, which may include amending our policies, procedures or working practices

Proposed remedies will not include any financial compensation.

The investigator’s written response will be communicated, as appropriate, to our Director General (and the Board of Commissioners, where appropriate) to review the outcome and associated recommendations. You will then be notified and receive a copy of the investigators written response.

Appeals against an investigator’s conclusions

You may appeal the outcome of the investigation if you remain dissatisfied.

We request that appeals are submitted within 14 days of receiving of the outcome of the investigation and that the appeal:

• be in writing
• explain why you disagree with the result of the investigation
• state any relevant facts
• includes relevant documentation

The request for an appeal should be sent to our Commission Secretary using the same contact details for complaints.

The appeal will proceed using the process set out above, with the following exceptions:

• the colleague appointed to carry out the new investigation will be of equivalent seniority to the original investigator
• the investigator may repeat or extend the investigation where this is appropriate
• the appeal may be determined by reference to the record of the original investigation, where appropriate

Reporting and transparency

Annual review and public reporting

Complaints and data captured about our interactions under this policy are reviewed annually by our Board of Commissioners, including their nature and how they were concluded. These records and reports are administered and prepared by our Commission Secretary.

We report externally on complaints raised against us and their outcomes in our annual report each year.