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What is an 'eligible Complainant'?

In order to refer a complaint to the Financial Ombudsman Service (FOS), a person must be an 'eligible complainant'. This applies irrespective of whether the complaint is brought under the FOS’ ‘Compulsory Jurisdiction’ or its ‘Voluntary Jurisdiction’ (see below and Practice Notes: Financial Ombudsman Service—compulsory jurisdiction and Financial Ombudsman Service—voluntary jurisdiction).

A complaint may only be dealt with under the FOS if it is brought by, or on behalf of, an eligible complainant. Further, as long as the complainant is eligible, the complaint can be brought on their behalf by a person authorised by them to do so, or a person legally entitled to do so, even if that person (the agent) is not themselves an eligible complainant—for example, if the complainant chooses to be represented by a claims management company (CMC) or a family member. In order for the eligible complainant to authorise another to act on their behalf, they must sign the FOS complaint form, and fill in the relevant section with the third party's details. If the complainant chooses to