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The Financial Ombudsman dismissed your complaint. What now?

By Matthew Adeola, founder of Docketory. Law (Honours) graduate who has represented himself in civil proceedings, CCJ removal, and consumer disputes. Not a solicitor.

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Related service: Consumer Rights Support

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The short answer

For anyone whose complaint the Financial Ombudsman has dismissed, or says it may dismiss, without deciding it. A dismissal is not a ruling on the merits and does not bind you, so court or another route may be open, within time limits. Docketory gives information only here: it is not authorised by the Financial Conduct Authority and does not take on complaints about banks, lenders, insurers, or credit providers.

A dismissal is not a ruling that you were wrong: the Financial Ombudsman has closed your complaint without deciding it. Its grounds for doing so changed for complaints referred from 1 October 2026.

What does a dismissal mean?

A dismissal means the ombudsman has closed your complaint "without considering its merits". Nobody has decided whether the firm treated you fairly. The ombudsman's rules allow this on set grounds, for example where a court or another body is better placed to deal with it. Each ground is a discretion, not a duty.

What changed on 1 October 2026?

The ombudsman announced "new powers" on 11 August 2026, but several grounds are not new. Its policy statement says the changes keep and refine existing powers, bring back some it withdrew in 2015, and add new grounds. For complaints referred on or after 1 October 2026, rule DISP 3.3.4C sets out the grounds; earlier complaints stay under the previous rule.

The policy statement calls the power to dismiss a complaint better suited to another scheme or the court "longstanding but is used infrequently": fewer than 300 complaints in 2024/25.

Do I get a chance to respond before it dismisses?

The ombudsman says it will let you know if it thinks it cannot help. For the new ground about a complainant's behaviour, it says people will get "appropriate opportunities" to make representations before dismissal is considered. If a letter says your complaint may be dismissed, reply in writing by the date it gives.

Is a dismissal the same as a final decision?

No. A final decision is an ombudsman's ruling on what is "fair and reasonable in all the circumstances of the case", which you accept or reject; if you accept, it binds you and the firm. A dismissal makes no ruling and no award, so there is nothing to accept and nothing the firm must pay.

Sections 228 and 229 of the Financial Services and Markets Act 2000 set out these rules. When it consulted on the behaviour ground, the ombudsman said a dismissal would not affect complainants' "existing legal rights against a firm". See also investigator's view vs ombudsman's decision.

Can I challenge a dismissal?

Not easily. The ombudsman's complaints process covers its service, not the outcome. The legal route is judicial review, where a judge decides whether the decision was lawful, not who was right. You need the court's permission, you must act promptly and within three months (Civil Procedure Rules, rule 54.5), and you may have to pay the ombudsman's costs if you lose. Judicial review is a job for a solicitor.

What are my options now?

The dismissal itself does not stop you suing the firm, within the time limits. Another scheme or the police may fit.

  • Court. Claims of £10,000 or less normally go to the small claims track (Civil Procedure Rules, rule 26.9). The ombudsman says its approach "could be different to what a court may decide".
  • Pensions. The Pensions Ombudsman deals with how pension schemes are run, but says it is "very unlikely" to look at a complaint another ombudsman has already considered.
  • A failed firm. If the firm has failed and cannot pay, the Financial Services Compensation Scheme may step in, free.
  • Fraud. Report it to the police through Report Fraud, which replaced Action Fraud in England, Wales, and Northern Ireland.
  • The regulator. The Financial Conduct Authority (FCA) says it "can't investigate individual complaints", but you can report a firm to it.

How long do I have to go to court?

Usually six years. Under the Limitation Act 1980, a claim in contract or tort in England and Wales must normally be brought within six years of when it arose. Do not assume that time with the ombudsman stops the clock. If your limit is close, see a solicitor now.

Can Docketory help?

Only with information. Docketory is not authorised by the Financial Conduct Authority and does not take on complaints about banks, lenders, insurers, or credit providers, and that includes court claims against them. For free help, contact Citizens Advice or MoneyHelper. For a court claim or judicial review, speak to a solicitor.

Docketory's other consumer and debt work is on its service page. MoneyHelper gives "free, impartial guidance that's backed by government". If a claims management company offers to bring your claim, check first that the FCA has authorised it: the FCA says using an authorised firm "will greatly reduce the risk of harm".

What to do next

Note any reply date in the ombudsman's letter, and work out your court time limit now. If it is close, or you think the dismissal was unlawful, see a solicitor at once.

Sources

Docketory publishes general information based on real disputes. Identifying details are changed and patterns from multiple cases may be combined. This is not legal advice. For advice on your specific situation, contact a solicitor or Citizens Advice.

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