FINANCIAL SERVICES OMBUDSMAN S BUREAU

Transcription

1 FINANCIAL SERVICES OMBUDSMAN S BUREAU ADJUDICATION OFFICER CANDIDATE INFORMATION BOOKLET

2 Background The Central Bank and Financial Services Authority of Ireland Act 2004 established the Financial Services Ombudsman (FSO) as an independent officer to resolve complaints about the conduct of regulated financial service providers through mediation and where necessary by investigation and adjudication. The Act also established the Financial Services Ombudsman s Bureau to support the Ombudsman. The Ombudsman and the Bureau aim to: Ensure that the complaint resolution process is accessible, that complaints are dealt with efficiently and effectively and where possible in an informal manner Ensure that complaints are adjudicated fairly, and Improve public understanding of issues related to complaints and associated consumer protection matters The service providers that fall within the Ombudsman s remit are those that are regulated by the Central Bank and the Consumer and Competition Protection Commission. They include banks, building societies, insurance companies, credit unions, stockbrokers, health insurers, various credit intermediaries and other financial service providers. The Financial Services Ombudsman has statutory powers to resolve disputes between the parties and where necessary to direct rectification and in addition to direct the payment of compensation of up to 250,000. Findings of the Financial Services Ombudsman can be appealed to the High Court. The Financial Services Ombudsman s Bureau proposes to appoint suitable persons to the post of Adjudication Officer. The Financial Services Ombudsman Council The Financial Services Ombudsman Council (the Council) is established by Section 57 BC of the Central Bank Act, 1942 (as amended). The functions of the Council include determining levies and charges payable for the performance of the Financial Services Ombudsman s Bureau, appointing the Financial Services Ombudsman and Deputy Financial Services Ombudsman and keeping under review the efficiency and effectiveness of the Bureau. The Council has no role with respect to how the Financial Services Ombudsman deals with a particular complaint submitted to him. Amalgamation of the offices of the Financial Services Ombudsman s Bureau and the Office of the Pensions Ombudsman The Government decided in the context of the public sector reform process to amalgamate the offices of the Financial Services Ombudsman and the Pensions Ombudsman. This means that successful candidates may, in time, deal with disputes relating to pensions in addition to financial services. Candidate Booklet 1 FSOB Adjudication Officer

3 The Financial Services Ombudsman s Bureau The Financial Services Ombudsman's Bureau consists of the Financial Services Ombudsman, the Deputy Ombudsman and the management and staff. It is a statutory body funded by levies from the financial service providers. The staff of the Bureau support the Financial Services Ombudsman in the provision of an impartial, independent alternative dispute resolution service to individuals, small companies, charities, clubs and partnerships experiencing unresolved disputes with financial service and insurance providers in Ireland. The Bureau also supports the Financial Services Ombudsman in improving public understanding of issues related to complaints against regulated financial service providers and related consumer matters. While the Financial Services Ombudsman is an independent officer when undertaking his functions, the Bureau operates under the auspices of the Department of Finance. A joint Strategic and Operational Review of both the Financial Services Ombudsman s Bureau and the Office of the Pensions Ombudsman was completed in January This Review recommended, in accordance with leading practices, that the Financial Services Ombudsman should adopt a more proportionate and preventative approach to dispute resolution. The FSO has broadly accepted the recommendations made. This has resulted in significant changes in how we operate. To implement this change we have refocused our resources to provide more information and guidance and informal dispute resolution services to complainants and providers to empower them to resolve their disputes early and at source. Informal techniques are used to deliver a service that is speedy and effective and puts the needs of service users at its core. While the new Dispute Resolution Service is successfully resolving a very high percentage of complaints submitted to the Bureau; delivery of a fair, impartial and efficient adjudication of unresolved complaints remains a key element of the service provided by the Bureau. Further information in relation to the Financial Services Ombudsman is available from Role of the Adjudication Service The Bureau s Adjudication Service is responsible for dealing with all matters relating to the Adjudication of complaints which have not been resolved by the Dispute Resolution Service. The Adjudication Service provides independent and fair adjudication of disputes between consumers and financial service providers by collating and considering the necessary evidence and drafting preliminary and legally binding findings. Candidate Booklet 2 FSOB Adjudication Officer

4 Adjudication Officers - Principal Duties To support the work of the Adjudication Service the Bureau is seeking to recruit Adjudication Officers. Adjudication Officers are responsible for managing their assigned caseload. Adjudication Officers draft preliminary findings and legally binding findings. In doing so s/he evaluates evidence and applies relevant legislation, regulations, codes and fair procedures. S/he must act with due regard to the principles of natural and constitutional justice. S/he is required to communicate clearly and concisely on the relevant financial services, pensions, contract, regulatory and legal issues. Adjudication Officers must communicate effectively both orally and in writing using plain English and avoiding unnecessary complexity. S/he must be able to translate complex information into understandable terms for parties. Adjudication Officers correspondence, reports and draft preliminary findings/findings must be of a high standard and accurate in all aspects. Adjudication Officers must be comfortable using information and communications technology (ICT) and have the ability, following training, to use the ICT systems in operation in the Bureau. Adjudication Officers must be balanced and fair in their analysis, reviewing all relevant information and getting to the core of the complaint. The role of the Adjudication Officer includes: Managing all aspects of a portfolio of adjudication files as part of the Adjudication Team to which they are assigned and ensuring that they deal with complaints fairly, efficiently and within all relevant guidelines, legislation and timeframes Considering all the issues and evidence contained in the adjudication file and drafting quality, accurate, consistent and reasoned preliminary findings and legally binding findings for consideration by the Director of Adjudication and Legal Services, the Deputy Ombudsman or the Ombudsman Complying with any templates and guidance provided Communicating clearly, competently and in simple terms Managing caseloads, conflicting demands and priorities in order to meet target timelines Participating in knowledge sharing and other initiatives with other Adjudication Officers, Management and Staff and contributing to the development of practice, procedure, policy and services of the organisation Keeping complaint records and internal systems and files up to date and reporting workflow outcomes as required Candidate Booklet 3 FSOB Adjudication Officer

5 Undertaking day-to-day management of routine administration and reporting functions relating to complaint files assigned for adjudication Ensuring compliance with all legal and administrative requirements relating to their work Assisting with the provision of information to complainants and the public generally Preparing and submitting internal requests for legal and other advice. Essential Requirements and Competencies The ideal candidate will demonstrate significant relevant experience, skills and competencies in the following areas: Excellent verbal and written communication skills Good attention to detail and the ability to analyse complex and competing evidence and identify a fair and reasonable outcome The ability to present written reports and draft findings in a clear, accurate and accessible manner Sound judgment and objective decision making skills In depth knowledge and understanding of legal, judicial and fair procedures A relevant degree or professional qualification IT literacy Good interpersonal skills, including the ability to establish and maintain good working relationships A proven high level of efficiency and ability to work on own initiative and as part of a team An ability to be innovative in response to fast changing priorities and situations The capacity to contribute to all aspects of the organisation Desirable Skills and Competencies Knowledge/experience of consumer protection, complaints handling in consumer services, financial services and/or pensions Candidate Booklet 4 FSOB Adjudication Officer

6 Knowledge or the ability to quickly develop and maintain a good knowledge of the financial service and or pension landscape including products and the relevant legislation, regulation and codes that apply to the sector Knowledge/experience of the regulatory framework for financial services including pensions in Ireland and / or the EU Eligibility Candidates should note that eligibility to compete is open to citizens of the European Economic Area (EEA). The EEA consists of the Member States of the European Union together with Iceland, Liechtenstein and Norway. Citizens of non-eea States will not be eligible to compete. It is the individual responsibility of former public or civil servant candidates to ensure their eligibility to apply. In particular, potential candidates who participated in a voluntary severance/redundancy or early retirement programme, received a redundancy payment or are in receipt of a public sector pension should familiarise themselves with their individual conditions pertaining to public sector re-employment and declare same if applying. The Financial Services Ombudsman s Bureau is committed to a policy of equal opportunity. Medical Candidates who come under consideration for appointment may be required to undergo a pre-employment medical. References Candidates who are invited for interview may be asked to supply details of one or more work referees who may be contacted for verification purposes. Any such contact will only be made once permission by the candidate has been granted. Salary The salary and terms and conditions for Adjudication Officers are those that apply to Executive Officers in the public service, as per the Code of Practice for the Governance of State Bodies which came into effect on 1 st September The Executive Officer (EO) Standard Salary scale will apply to this position, which is supplied below. Personal Pension Contribution 1 PPC (Personal Pension Contribution) salary for this position, with effect from 1 st January 2016: 27,739, 29,712, 30,821, 32,687, 34,360, 35,977, 37,588, 39,166, 40,760, 42,311, 43,909, 44,967, 46,473 (LSI-1), 47,975 (LSI-2) 1 This rate applies where the appointee is an existing civil or public servant appointed on or after 6 th April 1995 and is required to make a personal pension contribution. Candidate Booklet 5 FSOB Adjudication Officer

7 Non Personal Pension Contribution 2 26,383, 28,265, 29,314, 31,094, 32,679, 34,219, 35,749, 37,247, 38,760, 40,233, 41,749, 42,760, 44,187 (LSI-1), 45,616 (LSI-2) Tenure Following a successful probationary period successful candidates will be appointed on a permanent basis. Location and Working Hours The headquarters of the Financial Services Ombudsman s Bureau is in Dublin. The normal working hours will be Monday to Thursday from 9.00am 5.45pm and Friday 9.00am 5.15pm with one-hour break for lunch from 1pm to 2pm, subject to any change required in the normal course of business or as otherwise agreed. The Bureau operates a flexi-time system which may be applicable to this role, subject to probation and other terms and conditions. Superannuation The successful candidates will become a member of the Single Public Service Pension Scheme, unless s/he was a public servant before 1 January 2013 (with no more than a 26 week break before the commencement of this contract, or on a career break or secondment). Full details on the Scheme and exceptions are available at If not eligible for membership of the Single Public Service Pension Scheme, they may be eligible to become a member of a scheme with pre Single Public Service Pension Scheme superannuation terms and conditions. The Public Service Pensions (Single Scheme and Other Provisions) Act 2012, which became law on 28 July 2012, imposes a 40 year limit on the total service which can be counted towards pension where a person has been a member of more than one public service pension scheme, other than the Single Scheme. This may have implications if the person appointed acquired pension rights in a previous public service employment. The Act also applies abatement of pension for all Civil and Public Servants who are re-employed across the wider public service. This may have pension implications if the person appointed is currently in receipt of a Civil and/or Public Service pension or has a preserved Civil or Public Service pension which will come into payment during this employment. 2 This rate will apply where the appointee is an existing civil or public servant appointed on or before 6 th April 1995 and is not required to make a personal pension contribution. Candidate Booklet 6 FSOB Adjudication Officer

8 APPLICATION AND SELECTION PROCESS How to Apply Candidates must submit applications incorporating the following elements: Comprehensive CV A short personal statement (no more than 2 pages) outlining why you wish to be considered and where you believe your skills, experience and values meet the specific requirements of the particular position. PLEASE NOTE THIS INFORMATION WILL BE USED FOR SHORTLISTING CANDIDATES Applications marked Application for Adjudication Officer on the outside (for hard copy applications) or in the subject line (for s) should be submitted to: Ms Sylvia Costello, Financial Services Ombudsman s Bureau, 3 rd Floor, Lincoln House, Dublin 2 Sylvia.costello@financialombudsman.ie Closing Date: 4pm on Friday 14 th October 2016 Selection Process The Selection Process may include: Shortlisting of candidates, on the basis of the information contained in their application; A competitive preliminary interview; Work sample exercise, and any other tests or exercises that may be deemed appropriate; A competitive interview, which may include a presentation. Shortlisting In the event of a shortlisting exercise being employed an expert board will examine the information provided in the application form and assess it against criteria based on the requirements of the position. Candidate Booklet 7 FSOB Adjudication Officer

9 Filling of Vacancies Successful candidates may be placed on a panel to fill existing and future vacancies arising. Confidentiality Applications will be treated in strict confidence. All applications and all aspects of the proceedings are treated as strictly confidential and are not disclosed to anyone, outside those directly involved in that aspect of the recruitment process. Candidates' Obligations Candidates should note that canvassing will disqualify and will result in their exclusion from the process. The Financial Services Ombudsman s Bureau will not be responsible for refunding any expenses incurred by candidates including preparation for / attendance at interview or relocation. The above represents the principal conditions of employment and is not intended to be the comprehensive list of all terms and conditions of employment, which will be set out in a detailed employment contract between the Financial Services Ombudsman s Bureau and the successful candidate. Competition updates and provision of feedback The Financial Services Ombudsman s Bureau will acknowledge receipt of all applications. All candidates who progress to shortlisting and / or interview will be supplied written confirmation of their final position in the competition by way of feedback. Candidate Booklet 8 FSOB Adjudication Officer