Complaints policy
Gemini Financial Planning Ltd aims to provide high-quality advice and services which meet the needs and expectations of our clients.
In order to ensure our services remain at a high standard, we have a procedure through which you can let us know if for any reason you are not satisfied with your dealings with the organisation.
Notification to PL Insurers
On receipt of a complaint, our PI Insurer will be notified immediately. This applies to all complaints.
Appropriate Investigation of Complaints
We will ensure that all complaints are investigated by an individual with sufficient competence and experience who, where appropriate, was not directly involved in the matter giving rise to the complaint.
We will aim to resolve any complaints as quickly as possible.
The person responsible for the investigation of the complaint (usually the Compliance Officer) will examine, in detail, all documentation in relation to the complaint and will interview, where appropriate, any staff with an involvement in the content of the complaint. Communication with any connected parties will be fully recorded on the complaint file as will copies of all correspondence.
Additional information will be requested as necessary to investigate the complaint fully.
We will endeavour to resolve complaints at the earliest possible opportunity and within 8 weeks of its receipt. This will minimise the number of unresolved complaints which need to be referred to the Financial Ombudsman Service.
We will then issue a final response. If however we are not in a position to issue this within the above time period, a letter will be sent to the complainant explaining:
the reason for the continued delay
when the firm anticipates being able to provide a final response
the right of the complainant to refer the matter to the Financial Ombudsman Service and enclosing a copy of the Financial Ombudsman Service’s leaflet.
The Final Response
Once all enquiries are complete, the Compliance Officer will draft a response for issue to the complainant.
Where redress is appropriate, we will provide the complainant with fair compensation for any acts or omissions for which it was responsible. The Compliance Officer has the necessary authority to offer redress.
We will comply with redress offers accepted by the complainant. Redress need not be financial and could include, for example; an apology. The final response letter will explain the complainant’s right to refer the matter to the Financial Ombudsman Service and enclose a copy of the Financial Ombudsman Service’s leaflet.
The response will also indicate that the complainant has a six month timescale to refer the matter to the Ombudsman, which commences on the date that the final response is issued by the firm.
The result of the investigation will be entered into the Complaints Register.
A complaint will be deemed closed:
Once the investigation has been completed and a final decision letter has been issued to the complainant; or
Where we receive confirmation that the complainant is satisfied with the outcome of the investigation and a summary resolution communication has been issued (resolved within three business days from receipt); or
Where the complainant has indicated in writing acceptance of the firm’s earlier response, where appropriate.
Co-operation with the Ombudsman
We will co-operate at all times with the requirements of the Financial Ombudsman Service.
If the case is referred to the Ombudsman, the Compliance Officer will submit a report along with any supporting documentation.
Record Keeping
We will keep a record of each complaint received and the measures taken for its resolution, and retain that record for a minimum period of:
At least 5 years where the complaint relates to MiFID business; and
Three years for all other complaints.
Disciplinary action
In instances where the conduct of a particular adviser may require more direct action and disciplinary action may be required. The following procedure will be followed by the firm:
Training/Development need identified.
Appropriate coaching undertaken and documented.
In the event of a continued shortfall in performance
3. Formal letter issued by the Compliance Officer stating the nature and extent of the firm’s concerns and requiring the remedial action to resolve the situation is taken within fourteen days.
If matters have not improved;
4. Final letter issued by the Compliance Officer stating the matter must be resolved within a further seven days.
If the matter remains outstanding;
Adviser should no longer be permitted to advise customers in connection with their Finance requirements.
Conduct Rules, the Certification Regime and Regulatory References
The firm will need to consider:
whether the matter may need to be reported under the Conduct Rule breach notification requirements
whether the outcome will affect an advisers certification under the certification regime (where appropriate)
retain records relating to competence and capability for the purpose of the regulatory reference regime.
Complaints about other firms
Where a complaint is received in respect of advice provided by another firm, it is important that the customer is treated fairly. In such circumstances, the complaint should be acknowledged promptly. Once we are satisfied that the other firm is responsible, the customer should be provided with the contact details of the firm concerned in the form of a final response letter.
Additionally, a copy of the complaint should be forwarded to the firm concerned requesting that they make contact with the complainant.
Where there may be a joint liability in relation to a complaint, the procedure discussed above should be followed as well as the firm responding to part of the complaint that is relevant to it in accordance with the complaints procedures.
Such complaints should be recorded within the complaints register.
Where we receive a referred complaint, it should deal with the complaint in accordance with our standard complaints procedure with time limits applying from the date on which we receive the complaint referral.