DP18/5: a duty of care and potential alternative approaches

Open discussion: DP18/5
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On 17 July 2018, alongside our Approach to Consumers, we published a Discussion Paper on a duty of care and potential alternative approaches.

Show DP 18/5 (PDF)

Why we are issuing this Discussion Paper

In our Mission 2017, we committed to produce a Discussion Paper to explore the potential merits of a duty of care as part of our Handbook Review following the UK’s exit from the EU in 2019. We stated that it would be difficult to make extensive changes to the FCA Handbook at the same time as undertaking the major overhaul needed to put the EU Withdrawal legislation into effect.

We recognise the wider debate on this issue, including feedback received on this topic following our Future Approach to Consumers 2017. Launching this Discussion Paper now will help us understand more fully what outcomes a New Duty might be able to achieve and what a New Duty for firms in financial services might do to enhance behaviour in the financial services market.

We are publishing this Discussion Paper to:

  • Help us better understand whether there is a gap in our regulatory and legal framework, or the way we apply it in practice, that could be addressed by introducing a New Duty.
  • Better understand and consider possible alternative approaches that might address stakeholders’ concerns.
  • Understand what a New Duty for firms might do to enhance good conduct and culture in financial services, including how this could influence consumer outcomes, alongside the Senior Managers and Certification Regime (SM&CR).
  • Assess whether change is desirable and, if so:

- What form it could take

- How it would work in practice alongside our current framework

- What consequences it would have for consumers, firms and the FCA.

We ask a number of questions on whether a New Duty (duty of care or other change) would provide additional consumer protection, including with regard to redress for consumers.

Who this applies to

We invite views from all parties with an interest in this issue. This includes:

  • Consumer groups and individual consumers.
  • Industry groups / trade bodies.
  • Regulated firms.
  • Policy-makers and regulatory bodies.
  • Industry experts and commentators.
  • Academics and think tanks.

What you need to do

We will be holding a firm event on 26 September 2018 and a roundtable discussion for consumer organisations and their representatives on Tuesday 2 October 2018. For more information about either event, please email [email protected]

We welcome discussion and feedback on this important and complex debate.  We ask for views, including response to our questions, by 2 November 2018.

You can send responses to us by: