The Financial Services (Banking Reform) Act 2013 (FSBRA) states that certain representative bodies can complain to the PSR if they believe that features of the payment systems market are, or appear to be, significantly damaging to the interests of service-users. This is known as a super-complaint.
HM Treasury decides which representative bodies can make a super-complaint on the basis that they “represent the interests of service-users of any description”. When the Treasury designates an organisation, details will be published here.
The PSR has to respond to a super-complaint within 90 calendar days.
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In September 2016 we received a super-complaint from the consumer group Which? on payment scams. Read more.
What is a 'service-user' ?
A service-user is any person that uses or is likely to use services provided by payment systems. The term therefore includes the people, businesses and organisations that use those services.
Designated representative bodies
Under FSBRA the Treasury has the power to designate certain bodies as super-complainants to the PSR.
On 22 February 2016 the Treasury designated a number of representative bodies. Read the designation order on the Treasury’s website.
With effect from 1 April 2016 the following bodies are able to make a super-complaint to the PSR:
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Age UK - http://www.ageuk.org.uk
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the Consumers’ Association - https://www.which.co.uk/
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the General Consumer Council for Northern Ireland - http://www.consumercouncil.org.uk
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the National Association of Citizens Advice Bureaux - https://www.citizensadvice.org.uk
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the National Federation of Self Employed and Small Businesses Limited - http://www.fsb.org.uk
Super-complaints Guidance
Our Super-complaints Guidance has been modelled on the ‘super-complaints’ mechanism applicable to the Competition & Markets Authority under section 11 of the Enterprise Act 2002.
The guidance has been updated to reflect who the Treasury has designated as super-complainants to the PSR. Read the final super-complaints Guidance.
It sets out:
- Who can bring a super-complaint
- How to process a super-complaint
- How features of the UK market should be covered in the super-complaints
- What is meant by 'the interests of service-users'
- How a super-complaint will be handled by us
- What action will result from a super-complaint
- Publicity about super-complaints
Process
Super-complainants are encouraged to discuss their complaints with us before submitting a formal super-complaint.
We may be able to suggest an alternative course of action or refer to other work we are doing that may address the issues raised.
Early discussion with us of the proposed complaint will enable us to highlight any gaps in the information or analysis. We may also be able to do some preliminary investigative work before formally receiving the complaint.
Confidentiality
Super-complainants must identify in their super-complaint and supporting documents any information which they consider to be confidential and which, if disclosed, could significantly harm the legitimate interests of the super-complainant (or any parties or service-users affected or otherwise). You must also explain why you consider that information is confidential. Blanket claims of confidentiality are not acceptable.
You should also provide us with a non-confidential version of your super-complaint and supporting documentation where all confidential information has been removed.
Contact for super-complaints
Email super-complaints and related enquiries to:
psrsuper-complaints@psr.org.uk
Post hard copies to:
PSR Super-complaints
The Payment Systems Regulator
12 Endeavour Square
London
E20 1JN
All documentation should be provided in Word format or in searchable PDF.
Further information
The Treasury provides guidance for consumer bodies seeking to become super-complainants to the PSR. Read the guidance.