Why It’s Worth Challenging Initial FOS Decisions

How AI checks can help consumers reclaim fairness — not just faster closure

By Get SAFE – Support After Financial Exploitation

A new industry briefing reports that the Financial Ombudsman Service (FOS) intends to resolve 80% of cases within six months, processing up to 245,000 cases in 2026/27. On the surface, that sounds like progress.

But when we combine this announcement with lived experience from Get SAFE cases — and FOS’s own structural changes — a more uncomfortable question emerges:

Is speed becoming a proxy for success, at the expense of justice?

This article explains why it is worth challenging initial FOS decisions, and how AI-based checks can help consumers and advocates test whether early “no jurisdiction / out of time / no case to answer” decisions are actually sound.


The headline promise: speed and efficiency

According to the Advisers News report (13 January 2026):

  • FOS aims to resolve 245,000 cases in 2026/27
  • 60,000 will be motor finance commission cases
  • Over 80% resolved within six months
  • Expected 188,000 new complaints, down sharply from 305,000 in 2024/25
  • Professional representative charges rising from £250 → £260

FOS leadership describes this as “operational efficiency” and “modernisation”, working closely with the Financial Conduct Authority and HM Treasury to bring predictability to the redress system.

Speed, however, is not the same as fairness.


What the numbers don’t show: how cases are being closed

From our work with Get SAFE members, a consistent pattern appears before full investigation:

  • “This is not in our remit”
  • “This complaint is out of time”
  • “There is no evidence of detriment”
  • “There is nothing for us to investigate”

Individually, each of these outcomes can be legitimate.
Systemically, they can become exit ramps — especially under pressure to meet resolution targets.

Crucially:

  • FOS does not routinely publish a clear breakdown of:
    • cases closed at triage
    • cases rejected as out of jurisdiction
    • cases time-barred
    • cases withdrawn or abandoned
  • Thousands of complaints may be closed early, quietly, and never appear in uphold-rate statistics.

When success is defined as closure, the risk is obvious.


The 2025 charging regime changed behaviour — not necessarily merit

In April 2025, FOS introduced a £250 charge for professional representatives (after 10 free cases per year).

The impact was immediate:

  • Professionally represented cases collapsed in volume
  • Many consumers simply stopped pursuing complaints
  • FOS attributed this to fewer “speculative” or “abandoned” claims

But fewer complaints does not automatically mean fewer injustices.
It may simply mean higher barriers, especially for stressed, unwell, or intimidated consumers.


Why initial FOS decisions are worth challenging

An initial FOS view is not a judgment. It is an opinion — often formed quickly, from incomplete framing, and sometimes based on assumptions that go untested unless challenged.

From Get SAFE case reviews, successful challenges often hinge on:

1. Time-bar decisions

Many consumers are deemed “out of time” because FOS assumes they ought to have known earlier.

AI-assisted review can help:

  • reconstruct timelines
  • identify concealment, misinformation, or complexity
  • evidence why awareness was delayed (health, stress, reassurances, document opacity)

2. Jurisdiction / remit refusals

“Not in remit” decisions often rely on narrow characterisations.

AI checks can:

  • map facts against DISP jurisdiction criteria
  • surface overlooked regulated activities
  • identify connected firms or responsibilities missed at first pass

3. “No case to answer” findings

Early views may ignore:

  • cumulative detriment
  • power imbalance
  • misleading omissions
  • procedural unfairness

AI tools can systematically test whether all relevant factors were considered — not just the easiest ones.


AI doesn’t argue. It checks.

At Get SAFE, AI is not used to replace judgment — but to stress-test it.

Used properly, AI can:

  • audit decision logic for gaps
  • compare reasoning against rules and precedent
  • flag inconsistencies or missing evidence
  • help consumers articulate challenges calmly and clearly

This is especially powerful for people who are:

  • traumatised
  • cognitively overloaded
  • unfamiliar with regulatory language

In short: AI restores agency.


Speed is not justice

FOS may well succeed in resolving 80% of cases within six months.

But justice is not measured by throughput alone.

It is measured by:

  • whether the right questions were asked
  • whether power imbalance was recognised
  • whether vulnerable consumers were truly heard

If your complaint was closed quickly — especially at the first hurdle — that alone is a reason to pause, check, and challenge.


What to do if this sounds like you

  • Don’t assume the first FOS view is final
  • Ask for the reasoning in writing
  • Reconstruct the timeline carefully
  • Test “time-bar” and “remit” claims
  • Use AI tools to check logic, not just language
  • Seek calm, structured support

Get SAFE exists to help you do this with dignity, clarity, and control.

Justice should not depend on how quickly a file can be closed.


Get SAFE takeaway

Get SAFE exists to help people survive long enough for truth to matter.


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