FCA dismisses claims it is too slow to act after Woodford and LCF scandals

Watchdog accepts its ‘deliberate and careful’ approach can be frustrating

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The Financial Conduct Authority (FCA) has called on all firms and advisers to report any “potential suspicious activity”, as it dismisses views it takes too long to deal with problems.

The UK regulator has come under fire for the implosion of Woodford Investment Management on its watch and the gating of the M&G Property Portfolio over liquidity issues, as well as its work on the recent mini-bond ban and its reactive approach to the British Steel Pension Scheme scandal.

FCA chief executive Andrew Bailey’s appointment as Bank of England governor has been met with scorn from industry campaigners who believe his leadership credentials are tainted by a series of failures as boss of the financial regulator.

‘Thoughtful, deliberate and careful’

But Speaking at the Dynamic Planner conference, FCA director of life insurance and financial advice supervision Debbie Gupta said: “I often reply, when people say the FCA is slow to act, [that] we’re not necessarily slow.

“We’re just thoughtful, deliberate and careful. That is absolutely the right way to respond to the challenges and produce considered, thorough and balanced work.

“I know that can be a frustration sometimes. But it’s really important that we take care in how we work, ensure that firms have time to respond and engage with what we are trying to change, and that we only operate within the powers available to us.

“If that takes time, then so be it. But our focus on consumers is unwavering.”

Whistleblowing

Whistleblowers are a great resource for the UK regulator and it has, again, asked the advice industry for help to deal with its big “pension scam” and “non-standard high-risk investment” concerns.

“We value information about any potential suspicious activity you come across,” Gupta added. “This is really important.

“If you think a firm or individual is involved in wrongdoing, we do ask you to report it to our firm inquiries team, either by telephone or email. It’s relatively easy. We need to tackle this culture of looking away.

“[Advisers] know better than anyone else in your sector. And if there are people or firms behaving badly, doing the wrong thing, then they damage all of us.”

Who to watch

Gupta also said during the conference attended by Portfolio Adviser sister title International Adviser that the FCA has identified a number of factors contributing to pension scams and non-standard high-risk investments, such as the recent London Capital & Finance scandal.

These include: “unauthorised introducers”, “issues where firms are delegating or outsourcing their regulated activities to other firms without carrying out due diligence”, and “principal firms not having enough oversight of their appointed representatives”.

She said that firms need to make sure due diligence processes are “rigorous and robust”.

“It applies to the investments you select for your clients, when recommending other firms’ services, when onboarding any third-party tools,” Gupta added.

“Due diligence is the best defence we have against scams. It protects our clients. It protects the firm from falling foul.”

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