Corporation complaints guidelines
Guide for Employees: Handling and resolving complaints from Members relating to the Corporation of Lloyd's.
1.1 It is important that complaints made against the Corporation of Lloyd's by Members and former Members of the Society ("members") are handled quickly, fairly and in accordance with requirements that the FCA has imposed on Lloyd's*.
1.2 If you receive a complaint from a Member you should follow the guidance set out below.
2.1 If you receive a complaint whilst speaking to a Member which you cannot resolve immediately within the scope of your authority you should ask the Member to put his or her complaint in writing and send it to Compliance Officer, Market Services.
Encourage the Member to include all details of their complaint and copies of all relevant correspondence and other supporting information. The Member may wish to communicate by post, fax or e-mail. Provide him or her with the relevant contact details. The contact details for the Compliance Officer, Market Services, are as follows:
Walter Burke Way
Tel: +44 (0)1634 392083
Fax: +44 (0)1634 392947
2.2 Where you are unable to resolve a Member's complaint immediately, you must inform your team manager or Manager of this fact. Similarly you should alert your team manager or Manager if a Member is expected to submit a written complaint to your Manager. You should also inform the Compliance Officer, Market Services.
2.2.1 Complaints that are able to be resolved immediately should still be notified to your Manager and also the Compliance Officer, Market Services together with a copy of the response/file note of the complaint and response.
2.3 If you receive a written complaint from a Member, date stamp it and inform your Manager. It should then be provided to the Compliance Officer, Market Services who will log it on the register and decide who is best placed to deal with it.
2.3.1 A letter will then be sent to the Member acknowledging the complaint and providing a copy of these guidelines, together with the Lloyd's Ombudsman 'rights of referral' wording (see paragraph 4.2 below).
2.4 A person who is the subject of a complaint should give care consideration as to whether he or she is an appropriate person to deal with the complaint. Legal advice should be sought if necessary.
2.5 The FCA requires complaints to be resolved speedily at the earliest stage possible. Managers must decide and, if necessary, agree with other interested managers who will deal with a Member's complaint as soon as possible. The acknowledgement letter provides 10 working days in which to respond to the complaint, and this is monitored by the Compliance Officer.
3.1 If you have agreed or been asked to deal with a complaint, you should investigate the complaint thoroughly and fairly and you should speak to any of your colleagues referred to in the complaint.
3.2 If you were involved in the matter about which the complaint is made you should make arrangements to have your investigation reviewed by someone who was not.
3.3 You should aim to respond to the Member's complaint within 10 working days from its receipt. If you cannot do so, you should send a letter to the member within this period explaining why and indicating when a substantive response will be sent.
3.4 If it becomes apparent that you will not be able to respond substantively to the Member's complaint within four weeks from its receipt, you should send a letter to the Member within this period explaining why and indicating when a substantive response will be sent. In your letter you should remind the Member that he or she has the right to refer their complaint to Lloyd's Members' Ombudsman and you should state again where the Member may find details of the Lloyd's Members' Ombudsman Scheme (see paragraph 4.2 below).
3.5 Copies of any responses to the Member must be provided to the Compliance Officer, Market Services.
4.1 You should prepare a written response to the Member's complaint setting out the findings of your investigation and whether you accept the Member's complaint or whether you reject it. If you reject the Member's complaint you should give reasons for your decision.
4.2 Your response must include the following paragraph: "If you are dissatisfied with this response you may be able to refer your complaint to Lloyd's Members' Ombudsman at the following address: Lloyd's, One Lime Street, London EC3M 7HA, UK. Please refer to Annex 1 of the acknowledgement letter of [enter date of your original letter referred to in paragraph 2.3.1 above] for details of the Lloyd's Members' Ombudsman Scheme".
4.3 You should discuss your response with your Manager. In particular, you must discuss any proposed offer of financial or other redress with your Manager. Depending on the size and reason for the proposed payment, he or she should then consider discussing the implications of that offer with Legal & Compliance.
4.4 Where financial redress is considered appropriate, the aim should be to restore the Member to the position he or she would have been in if the acts or omissions giving rise to the complaint had not occurred. The redress should therefore include an appropriate amount of interest in addition to the principal sum.
4.5 Any redress accepted by the member should be provided promptly.
6.1 At the conclusion of your investigation of the Member's complaint you should prepare a brief note that contains the following information: the name and membership number of the Member; the date of his or her complaint; a brief summary of the complaint; the date of your substantive response; whether the complaint was rejected or resolved; and details of any redress provided to the Member. This information can then be included in the department's next six monthly return to Compliance. That return is required for the purpose of reporting information about Members' complaints to the FCA.
Lloyd's Members' Ombudsman ("the Ombudsman") considers and, where appropriate, investigates certain types of complaint made against the Society of Lloyd's ("the Society") by members of the Society.
The Ombudsman may only receive complaints from:
a) a Member of the Society;
b) an individual who was at any time after 30 November 2001 but is no longer a Member; or;
c) a person or Scottish Limited Partnership who was at any time after 30 November 2001 but is no longer a "quasi individual member" ² 2001.
The complaint must:
a) relate to an action taken by or on behalf of the Society; and;
b) involve an allegation by the complainant that he has suffered injustice in consequence of maladministration in connection with that action.
In those circumstances the Lloyd's Members' Ombudsman may in his discretion investigate the matter. Generally speaking, the Ombudsman will not investigate a complaint:
a) which has been previously referred to the Ombudsman, unless the Ombudsman is satisfied that new evidence is now available which was not previously available to him or her;
b) where the action complained of occurred more than two years before the Member made his or her complaint, unless the Ombudsman thinks there is good reason to do so;
c) where any party to the complaint has instituted proceedings in any court of competent jurisdiction or has made a reference to arbitration in relation to the complaint unless the proceedings have been discontinued or the reference to arbitration was withdrawn prior to the final judgment award;
d) where the Member has a right of appeal to Lloyd's Appeal Tribunal or in respect of a matter that has been the subject of a decision of Lloyd's Appeal Tribunal;
e) which relates to the institution or conduct of Lloyd's disciplinary proceedings;
f) which relates to any action taken by or behalf of Lloyd's Appeal Tribunal, a Lloyd's disciplinary committee, a Lloyd's Agent or certain subsidiaries of the Society and their officers, employees or agents; or
g) where the Ombudsman considers that the complaint should be determined by a court of competent jurisdiction or by arbitration.
Full details of the Ombudsman's powers to investigate a complaint are set out in the Members' Ombudsman Byelaw, a copy of which may be obtained from the Ombudsman's assistant, David Wood, on +44 (0)20 7327 5016, or Andy Wragg, on +44 (0)20 7327 6387.
Should you wish to make a complaint, the Ombudsman considers written representations but does not hold oral hearings. Please submit full written details of your complaint, along with any supporting information, to the following address:
The Office of the Lloyd's Members' Ombudsman
One Lime Street
Should you have any questions concerning the Lloyd's Members' Ombudsman, please call the assistant to the Ombudsman on the number given above.
1. See FCA Handbook DISP 1.11.13 "Complaints from Members or former Members".
2. Essentially a corporate member consisting of an individual or a group of connected individuals or nominees of such an individual or group of connected individuals (together with, in the case a Scottish limited partnership member, another person who is the general partner in that partnership).