Although the recent reforms are highly beneficial for consumers, the ombudsman service has received little attention. The formal process of adjudication has been explored in much detail, but there are still gaps remain in understanding of models of informal justice systems in Europe. This is particularly relevant to the ombudsman services. The sparse existing literature on ombudsman deals mainly with the global spread of the ombudsman concept since the 1960’, but it does not deal in detail with the effectiveness of this institution and the comparative perspective in this area. Overall, the vast number of criticisms aimed at the UK ombudsman stems from the fact that this system is not as effective as the court system. The remedy for this situation would be to incorporate certain solutions from Ireland and Scandinavia, especially from Finland, such as group actions and the facilitation of the system to use in normal courts. Such changes that have developed in other jurisdictions, especially Finland, are worth observing but should not be replicated without a thorough, well-thought-through reform, including the procedure, budgets and legal aid for such actions. Incremental changes might be very effective. However, due the strong lobby of the insurers, the change might occur in relation to a crisis such it had happened in Ireland.
This is a preview of subscription content, log in to check access.
Buy single article
Instant access to the full article PDF.
Price includes VAT for USA
Subscribe to journal
Immediate online access to all issues from 2019. Subscription will auto renew annually.
This is the net price. Taxes to be calculated in checkout.
Anonymous. 2008. Financial ombudsman service. Credit Management 28.
Arthur, W.B. 1994. Inductive reasoning and bounded rationality, The American economic review, Vol. 84, No. 2. Papers and Proceedings of the Hundred and Sixth Annual Meeting of the American Economic Association (May, 1994)
Boddewyn, J. 1985. The Swedish consumer ombudsman system and advertising self-regulation. Journal of Consumer Affairs 19: 40.
Brophy, R. 2012. Development of insurance regulation in Ireland. Journal of Financial Regulation and Compliance 20 (3): 256.
Chalmers, S. 2014. Ethical fairness in financial services complaint handling. International Journal of Bank Marketing 34 (4): 570–571.
Collett, M. 2013. The financial ombudsman service: the history and development of its approach to non-disclosure. In Consumer insurance law: disclosure, representations and basis of the contract clauses, ed. P.J. Tyldesley. Haywards Heath: Bloomsbury Professional.
Creuzfeldt, N. 2020. What do we expect from an ombudsman? Narratives of everyday engagement with the informal justice system in Germany and the UK. https://www.cambridge.org/core/journals/international-journal-of-law-in-context/article/what-do-we-expect-from-an-ombudsman-narratives-of-everyday-engagement-with-the-informal-justice-system-in-germany-and-the-uk/C042B7332A216FFEF9296689CD9DD36F. Accessed 21 April 2020.
Davis, J. 2010. Judicial review of the financial ombudsman service: permission to proceed and the availability of an alternative remedy. Judicial Review 15: 263.
Donnelly, M. 2012. The financial services ombudsman: asking the “existential question”. Dublin University Law Journal 35: 230.
Gellhorn, W. 1965. The Swedish Justitieombudsman. The Yale Review 75 (1): 1.
Gilad, S. 2008a. Exchange without capture: the UK Financial Ombudsman Service’s structure for accepted domain. Public Administration 86 (4): 940.
Gilad, S. 2008b. Juggling conflicting demands: the case of the UK financial ombudsman service. Journal of Public Administration Research and Theory 19: 670.
Goodbody, W. 2020. ‘Financial ombudsman outlines case details to improve understanding of his role’ RTE. https://www.rte.ie/news/business/2020/0213/1115015-financial-ombudsman/. Accessed 23 April 2020.
MacNeil, I. 2007. Consumer dispute resolution in the UK financial sector: the experience of the financial ombudsman service. Law and Finance Market Review 1: 515–516.
Merricks, E. 2007. The financial ombudsman service: not just an alternative to court. Journal of Financial Regulation and Compliance. 15 (2): 137.
Mitchell, J. 1991. Ombudsman scheme for financial services in the UK: a consumer view. Journal of Consumer Studies and Home Economics 15: 299–302.
Morris, P., and R. James. 2002. The financial ombudsman service: a brave new world in “ombudsmonry”? Public Law 4: 640.
Mulcahy, M., and Hourigan, N. 2020. Regulatory disclosure and the Irish financial services ombudsman, 14–15. http://www.fmaconferences.org/Norway/Papers/Regulatory_Disclosure_and_the_Irish_Financial_Services_Ombudsman.pdf. Accessed 23 April 2020.
Munro, N. 1994. The insurance ombudsman bureau and financial services disputes—an obituary? Journal of Financial Regulation and Compliance 2 (3): 220–221.
Posner, R.A. 1997. Law and legal theory in England and America. Oxford: Clarendon Press.
The Irish Times. 2020a. Ombudsman upholds more than 200 complaints against banks and insurers. https://www.irishtimes.com/business/financial-services/ombudsman-upholds-more-than-200-complaints-against-banks-and-insurers-1.4172565. Accessed 23 April 2020.
The Irish Times. 2020b. The financial ombudsman. https://www.irishtimes.com/business/the-financial-ombudsman-1.1206422. Accessed 23 April 2020.
Thorelii Sarah, V. 1954. The constitution of Sweden.
Tyldesley, P.J. 1994. The PIA ombudsman: a reduction in investor protection? Solicitors Journal.
Tyldesley, P.J. 2000. Insurers liable for mortgage advice: Peter Tyldesley considers Martin v Britannia Life. Consumer Law 586.
Tyldesley, P.J. 2002. The Insurance Ombudsman Bureau—the early history. Analysis: The Insurance Ombudsman Bureau 36
Tyldesley, P.J. 2003. The Insurance Ombudsman Bureau—the early history. Analysis: The Insurance Ombudsman Bureau 18: 35.
Tyldesley, P.J. 2008. The reform of insurance of contract law—Why have consumers waited so long? Insurance Research and Practice (2).
Tyldesley, P.J. 2009. Archaic, unclear and unfair? Part one: consumer insurance law reform is long overdue. New Law Journal 961.
Tyldesley, P.J. 2011. Archaic, unclear & unfair? Part One. New Law Jounral.
Viitanen, K. 2009. The Annals of the American Academy of Political and Social Science 622 (1): 21.
Financial Services and Markets Act. 2000. s 228(5).
Andrews v SBJ Benefit Consultants. 2011. PNLR 577.
Clark v IN Focus Asset Management and Tax Solutions Ltd. 2014. EWCA Civ 118;  1 W.L.R. 2502 (CA (Civ Div)).
Versloot Dredging BV and another v HDI Gerling Industrie Versicherung AG and others. 2016. UKSC 46.
Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.
About this article
Cite this article
Galeza, D. Reforming the Role of the Financial Services Ombudsman. Liverpool Law Rev (2020). https://doi.org/10.1007/s10991-020-09249-w
- Comparative thinking
- European financial markets
- Administrative change
- Financial ombudsman