
For all their talk of fairness, financial institutions and regulators have a habit of showing their true colours when it matters most. They say one thing, but their actions paint a very different picture. And if history has taught us anything, itâs this: when powerful institutions face accountability, they donât just fight backâthey try to wear you down until you give up.
The latest move by the Financial Ombudsman Service (FOS) to introduce fees for claimants who seek legal representation is just another example of this âthinning the herdâ mentality. By making justice harder to access, they hope to discourage complaints, reduce payouts, and let financial firms off the hook. Sound familiar? It should.
The Playbook of Power: How âThinning the Herdâ Works
This strategy isnât new. It was exposed in the Post Office Horizon scandal, one of the biggest miscarriages of justice in UK history. During closing submissions at the inquiry, Edward Henry KC revealed a chilling tactic used by the Post Office:
âThree strategies were advanced to âforce the claimants into a position where they give up or settleââone of which was called âthinning the herd.ââ
The plan was simple: identify procedural loopholes to strike out as many claims as possibleâtargeting bankrupt claimants, deceased individuals, and dissolved companies. It wasnât about fairness; it was about finding ways to get rid of victims without addressing their claims.
And now, weâre seeing the same mindset creeping into financial regulation.
The FOSâs Latest Move: A Backdoor Barrier to Justice
The Financial Ombudsman Service was founded on the principle of free access to justice. It was created so that ordinary people could challenge financial firms without fear of cost. Until now, that meant no fees for complainantsâno matter their background, financial situation, or legal support.
But under new rules, if a complainant seeks legal representation, they could be forced to pay. This is being framed as a way to reduce frivolous claims, but the reality is clear: itâs designed to make it harder for consumers to fight back.
Why This Matters: Who Really Benefits?
This change is being sold as fairness, but letâs be honestâthe only real winners are the banks and financial firms. Hereâs what happens next:
â More Complaints Get Dropped â Many victims of financial wrongdoing will think twice before escalating a case if they face fees.
â Financial Firms Face Less Accountability â If fewer cases make it to the ombudsman, firms get away with more bad practices.
â Justice Becomes a Privilege, Not a Right â Those who can afford legal support will still fight, but ordinary consumers will be priced out of the system.
A Repeat of History: Have We Learned Nothing?
This is exactly what happened when the government introduced employment tribunal fees in 2013. The result? A huge drop in workplace justiceâcases fell by 70%, and workers were forced to suffer in silence rather than challenge unfair treatment. The Supreme Court later ruled the fees unlawful.
Now, regulators are trying the same trick with financial complaints. And we know what happens when institutions stop being held to accountâthey get bolder, greedier, and more ruthless.
What Needs to Happen Now
If the Post Office scandal has taught us anything, itâs this: we must fight back before itâs too late. Consumers, advocacy groups, and ethical financial planners must come together to challenge this blatant attempt to silence complaints. Hereâs how:
â Pressure the Regulators â The Financial Conduct Authority (FCA) and the Treasury need to be called out. If the FOS introduces fees for complainants, they must justify why financial firms should be let off the hook.
â Raise Public Awareness â The more people who know about this, the harder it becomes for regulators to sneak these changes through. We need public outcry.
â Demand Transparency â How many complaints have been deterred since these changes were proposed? We need data, and we need answers.
Final Thought: If We Donât Stop This Now, Whatâs Next?
If the FOS gets away with this, it wonât stop here. The same mindset that led to the Post Office scandalâthe same âthinning the herdâ mentalityâis now creeping into financial regulation. If we donât push back, whatâs next? Fees to report fraud? Costs for taking banks to court?
Justice should never come with a price tag. Letâs not allow history to repeat itself.
