Disputes on Behalf of Vulnerable Persons

Overview

If you are supporting a vulnerable person, whether as a family member, carer, deputy, or attorney, you have special rights and the company has additional obligations. UK regulators require companies to provide extra protections for vulnerable customers, and failure to do so can strengthen your complaint significantly.

Key Legislation and Guidance

• FCA Guidance FG21/1: Fair Treatment of Vulnerable Customers - Firms must act to deliver good outcomes for vulnerable customers
• Equality Act 2010 - Disability discrimination protections
• Mental Capacity Act 2005 - Framework for decision-making on behalf of those who lack capacity
• Care Act 2014 - Local authority duties to vulnerable adults
• Ofgem Vulnerability Commitment - Energy suppliers' obligations to vulnerable customers

Who Is Vulnerable?

The FCA defines vulnerability broadly: a customer is vulnerable if they are at risk of harm due to their personal circumstances. This includes:

• Health conditions (physical disability, severe illness, mental health conditions)
• Life events (bereavement, job loss, relationship breakdown)
• Low resilience (low income, debt, over-indebtedness)
• Low capability (limited literacy, digital exclusion, language barriers)

Acting on Someone's Behalf

Power of Attorney

If you hold a Lasting Power of Attorney (LPA) for property and financial affairs, you can manage complaints and disputes on the person's behalf. Register the LPA with each company.

Court-Appointed Deputy

If the Court of Protection has appointed you as a deputy, you have legal authority to act. Provide the company with a copy of the court order.

Informal Authority

Even without formal legal authority, many companies will speak to a named representative if the customer gives verbal or written consent. Ask the customer to add you as an authorised contact on their account.

Companies' Obligations

Under FCA FG21/1, regulated firms must:

• Understand the needs of vulnerable customers
• Ensure staff are trained to recognise and respond to vulnerability
• Adapt their processes (e.g., longer deadlines, simpler communications, accessible formats)
• Monitor outcomes for vulnerable customers
• Not take advantage of vulnerability (e.g., pressuring someone to accept a low settlement)

Energy suppliers under the Ofgem vulnerability commitment must:

• Maintain a Priority Services Register for vulnerable customers
• Not disconnect vulnerable customers during winter
• Provide accessible communications (large print, braille, etc.)

Strengthening Your Complaint

When complaining on behalf of a vulnerable person, always:

• State the vulnerability clearly - "My mother has dementia and I act as her deputy under Court of Protection Order No. [X]"
• Reference the regulatory obligation - "Under FCA FG21/1, you are required to take reasonable steps to ensure fair outcomes for vulnerable customers"
• Explain the impact - Vulnerability often amplifies the harm caused (greater distress, financial impact, inability to self-advocate)
• Request reasonable adjustments - Ask for the specific adjustments needed (e.g., written confirmation of phone calls, extended deadlines)

EvenStance Can Help

EvenStance can generate complaint letters that properly reference vulnerability obligations, track deadlines with appropriate extensions, and ensure that the regulatory framework is properly cited to strengthen your case.