7
PS19/2
Chapter 1
Financial Conduct Authority
Previously rejected PPI complaints and further mailing requirements – Feedback on CP18/33 and nal rules and guidance
Equality and diversity considerations and our response
1.23 We have a public sector equality duty, and have carefully considered equality and
diversity implications throughout our PPI work. In CP18/18, we said that:
• We did not consider that our proposed RND guidance would adversely or
disproportionately aect any of the groups with protected characteristics. These
are: age, disability, sex, marriage or civil partnership, pregnancy and maternity, race,
religion or belief, sexual orientation and gender reassignment.
• We recognised that some of the customer groups aected by our proposed RND
guidance have below average incomes, and may have lower nancial condence
and capability. This may make them less likely to complain.
1.24 In CP18/33, we considered the feedback we had received about the position of RND-
affected consumers who may have lower financial confidence and capability. This
feedback contributed to our decision to propose requirements on firms to mail
relevant previously rejected complainants. We asked:
Q5: What are your views of the equality and diversity
implications of our proposed mailing requirements? Are
there additional steps we could take in respect of relevant
aected consumers?
1.25 One response, from industry, said that the measures we had already taken to ensure
PPI complaints can be raised easily through different channels, and to partner
with third sector organisations, would ensure that letter recipients would not be
disadvantaged or excluded, whatever their level of confidence and capability.
1.26 However, another response, from a consumer body, said that because our
proposed mailing approach required recipients to re-complain, it was likely to have a
disproportionate impact on the vulnerable consumers we had identified and on groups
with protected characteristics. The response felt these customers would be better
protected from harm if we required firms to reassess their cases proactively.
1.27 We have carefully considered this feedback. It needs to be seen in the context of our
careful consideration of equality and diversity implications throughout our PPI work.
We have put extensive and appropriate measures in place to mitigate the potential
adverse impact we identified on groups with certain protected characteristics
6
or with
lower financial confidence and capability, as set out in our Equality Impact Assessment
(EIA) in PS17/3 (March 2017) and our more recent update on progress.
1.28 We consider that the letters that these consumers, like others, will receive will provide
them with effective specific prompts, and help to re-engage them. The letters will spell
out clearly to these consumers, as to others, the various ways in which they can make
a complaint in response to any prompt effected by the letters. In particular, as previous
complainants, recipients will not in general need to search for, or provide, any additional
documentation about themselves or their PPI policy. So, making the new complaint
will be very simple for them. This should be particularly helpful for recipients with lower
financial confidence and capability or who might otherwise have a lower propensity to
complain or who otherwise belong to one of the groups identified in our previous EIA.
6 Namely: older people (particularly those aged over 65 and even more so for those over 75); women; Black, Asian and Minority Ethnic
(BAME) groups (particularly those for whom English is not their first language); disabled consumers, with mental health problems,
learning disabilities, cognitive and/ or sensory impairments. We also identified a need to ensure that the campaign engages people
who care for older or disabled people.