The Financial Ombudsman's new dismissal grounds apply from 1 October 2026
For complaints referred on or after 1 October 2026, the Ombudsman may dismiss a complaint without considering its merits on the grounds now set out in DISP 3.3.4CR.
What changed
DISP 3.3.4CR lets the Ombudsman dismiss a complaint referred on or after 1 October 2026 without considering its merits, on grounds that include vexatious conduct, a prior review under regulatory standards and matters better suited to a court 32. It follows the joint FCA and Ombudsman consultation CP26/9 31 and the Ombudsman's own policy statement 33. Guidance sits alongside it in DISP 3.3.4DG.
What to do
- Nothing changes in your own clock: the final response is still due within eight weeks of receipt (DISP 1.6.2R).
- Where you think a referred complaint falls under a dismissal ground, say so to the Ombudsman with the evidence, early.
- Record the outcome against the complaint so your root-cause analysis can see which grounds are being used.
Our view
The new grounds are a tool for the Ombudsman, not a defence for firms. A firm that relies on them without having handled the complaint well first will find the merits looked at anyway. The firms that benefit are the ones whose file already shows the complaint was handled fairly.
How this was produced: drafted from the source and our Handbook mirror, and reviewed by Automated Compliance before publication.