Source · Select Committees · Public Accounts Committee
Recommendation 20
20
In direct response to the 2015 Act, the FCA announced a new starting position for...
Conclusion
In direct response to the 2015 Act, the FCA announced a new starting position for advisers who should assume that in most cases a transfer will be unsuitable.63 Subsequently in 2017, the FCA sought to align itself with the government’s underlying philosophy of choice within pensions policy and consulted on removing its starting position, which created further confusion within the advice market.64 Within the BSPS case, the British Steel Adviser Group has highlighted the inconsistent nature of the FCA’s suitability requirements. We received written evidence from multiple advice firms highlighting that in November 2017, the FCA visited advice firms and outlined their ‘neutral’ stance to DB transfers. They also stated that the FCA conducted file reviews during firm visits and deemed advice to be suitable despite subsequent upheld complaints from the FOS.65 This confusion within the pension adviser market was not speedily resolved.
Government Response
Not Addressed
HM Government
Not Addressed
The FCA agrees with the Committee’s recommendation. Recommendation Implemented The FCA consulted on removing the starting position that advisers should assume that in most cases a transfer will be unsuitable, to align itself with the government’s underlying philosophy of choice within pensions policy. This rule was removed in October 2020. Since then, the FCA has found a deterioration in the quality of advice, and published in CP22/6 a proposed scheme which if implemented would require firms to review their advice and pay redress to consumers where that advice was unsuitable. The FCA has also consulted on new guidance for firms on how to assess defined benefit transfers, and will publish a Policy Statement on this later in 2022.