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BBRS Reporting Data – as of the close of business 31 May 2022

22 June 2022

As of 31 May 2022, the BBRS has reached 29 settlements of which 15 were settled directly between the parties following BBRS involvement, 2 were resolved via conciliation, and a further 2 cases were successfully mediated. 10 cases were settled via the BBRS following adjudication, 8 of whom have received a financial award.

We are continuing to see a steady increase in both adjudicated settlements and those made via non-adjudicative dispute resolution. There is significant conciliation and mediation going on in the background that is not reflected in the absolute numbers of settled adjudicated cases.

Of the total of 812 cases registered (from go live 15th Feb 2021 to 31 May 2022) we now have 122 live cases being worked on, with no waiting list. The majority of cases continue to relate to the historical scheme. While numbers of cases achieving resolution are increasing significantly, the overall case volume is not what was expected at the formation of the scheme. The BBRS commissioned research which suggests that the total number of eligible historical case registrations over 3 years is likely to be closer to 1,400, rather than the 6,000 anticipated at launch.

We are working to ensure that as many eligible customers as possible have the opportunity to register their complaint with us. We are currently working on a short advertisement campaign, online and via digital displays, to encourage SMEs to come forward with their historical and contemporary business banking complaints. In addition, we are analysing the traffic to our website and will shortly be updating the website to encourage a more efficient flow towards registration.

1 – Count of registrations

The total number of cases registered with the BBRS. These figures do not consider eligibility or account for duplicates.

Total Previous month Difference
Historic 472 466 6
Contemporary 131 125 6
Unestablished date of complaint 209 201 8
Total 812 792 201
  1. Number of cases registered with the BBRS between 1-31 May.

2 – Case Status

Cases may be closed for a variety of reasons, for example the removal of duplicate cases, withdrawals or ineligibility.

Total Previous month Difference
To be allocated 0 0 0
Live1 122 148 -26
Closed2 690 644 46
Total 812 792 20
  1. Live includes all active cases regardless of eligibility, as the BBRS needs to gather sufficient information during the process to make that assessment.
  2. Cases now closed.

3 – Eligibility

The BBRS treats all cases as eligible until we have established the facts relating to each complaint. When a complaint is first assembled, information is collected to check eligibility.

Total
:

Live cases progressing currently as eligible1

Total :

103

:

Live cases assessed as ineligible2

Total :

19

:

Closed cases ineligible3

Total :

104

:

Closed cases eligible4

Total :

1

:

Closed cases non-eligibility reasons5

Total :

585

:

Total

Total :

812

  1. As eligibility is under review throughout the entire BBRS process, most live cases appear in this category.
  2. The number of cases found to be ineligible and remaining live, because the customer or bank may be appealing, they might be being considered for the concessionary case approach or pending closure.
  3. The number of cases found to be ineligible for the BBRS through formal Eligibility Assessments that have completed their journey (i.e. the outcome can no longer be appealed).
  4. The number of cases found to be eligible for the BBRS through formal Eligibility Assessments that have completed their journey (i.e. the outcome can no longer be appealed). Eligible cases that did not require a formal Eligibility Assessment are not in this category.
  5. The number of cases that have completed their journey for reasons unrelated to eligibility.

4 – Reasons for Ineligibility

The table below captures the reasons for ineligibility, not the number of ineligible cases. A case may have multiple reasons for being found ineligible. This also captures instances where a case has not received a formal Eligibility Assessment, but where a customer chooses to withdraw a case because of its ineligibility.

:

Appears the case was eligible for the Financial Ombudsman Service

Total :

81

:

At the time the customer complaint was referred to the bank, the business appears not to meet the required BBRS financials

Total :

66

:

Independent Review

Total :

18

:

Part of the case is time barred1

Total :

14

:

The acts or omissions occurred before 2001

Total :

11

:

Bank complained about is not a participating bank

Total :

8

:

The case has been the subject of a court ruling

Total :

8

:

Bank complained about is not based in the UK (or the act or omission did not occur in the UK)

Total :

4

:

The complaint is subject to a live litigation

Total :

3

:

Total

Total :

213

  1. The complaint was not brought to the bank within the time limits (in general, more than six years after the act or omission complained of or three years after the customer became aware of the act or omission).

5 – Concessionary Cases

If a case falls outside the BBRS’ eligibility criteria, the BBRS may still be able to consider it provided that we, the customer and the bank all agree.

Total
:

Presented to bank1

Total :

27

:

Taken forward2

Total :

7

:

Not taken forward3

Total :

19

:

Bank response pending

Total :

1

  1. The number of cases where the BBRS has written to the bank to seek their agreement to consider a case falling outside the BBRS’ eligibility criteria.
  2. The number of cases where the bank has agreed that the BBRS can consider a case falling outside the BBRS’ eligibility criteria under the concessionary case process.
  3. The number of cases where the bank has not agreed that the BBRS can consider a case falling outside the BBRS’ eligibility criteria under the concessionary case process.

6 – Determinations

Both parties to a complaint have the opportunity to respond to a Provisional Determination before the resultant Determination is issued. Any responses to the Provisional Determination will be taken into account before the issuing of the Determination.

Outcomes (open cases only)1
Total Provisional Determinations issued2 22
Total resultant Determinations issued3 19
Outcomes (closed cases only)4
Upheld 2
Partially upheld 8
Not upheld 05
Total 10
  1. These figures account for all cases that have not yet completed their journey (i.e. the outcome could still be appealed).
  2. All eligible cases have a Provisional Determination, which is like a draft outcome, available for comments from both parties.
  3. After a set timeframe and any further submissions from either party, a Provisional Determination becomes a resultant Determination.
  4. These figures account for all cases that have completed their journey (i.e. the outcome can no longer be appealed).
  5. In previous reports, the not upheld field has shown as 1, however on closer inspection the case previously recorded as not upheld has been partially upheld. The records have been corrected to show this.

7 – Eligibility Appeals

Total
Appeal notices received 54
Appeal denied1 38
Appeal notices being considered 11
Appeals notices under review from panel 5
  1. The BBRS can only consider an Appeal that meets the permissible grounds for appealing an outcome. If an Appeal does not meet the permissible grounds, it will not be considered.

8 – Awards (closed cases only)1

Total
Financial awards2 8
Non-financial awards 2
Total 10
  1. These figures account for all cases that have completed their journey (i.e. the outcome can no longer be appealed). This figure does not include any settlements made via non-adjudicative alternative dispute resolution or direct settlement as these are confidential between the bank and the customer.
  2. This also captures any financial awards issued for Distress and Inconvenience, regardless of whether a complaint is substantively upheld.