In 2013, the Financial Services Authority (FSA) – now the Financial Conduct Authority (FCA), the regulator for the financial industry – introduced ‘adviser charging’ to abolish anti-competitive commission rates.
The change aimed to ensure that clients only paid for the advice they received rather than the products their advisers recommended. These charges are deducted annually from clients’ investment pots to pay for the advice provided.
Further to the change to pay structures, the FCA outlines that for any ongoing fees, financial advisers should: “clearly confirm the details of the ongoing service, any associated charges and how the client can cancel it.”
In addition, sufficient processes and controls should be in place to ensure that clients receive the advice they are paying for and that the products they are paying for are still suitable for their circumstances.
Financial advisers, financial planners and wealth managers have recently been in the news for either providing unsuitable advice for clients’ needs, circumstances, and risk levels, or for charging clients for ongoing advice and reviews that never took place. In some cases, clients were not aware that they were paying for these services and have since made claims against the firms to recover the sometimes significant fees, together with the loss of growth on the investment funds and interest.
In February 2024 the FCA as part of its focus on ‘Consumer Duty’, which sets higher and clearer standards of consumer protection to put customers’ needs first, and in a crackdown on unsuitable advice and obscure fees, requested data from 20 of the largest UK advice firms about their services and what changes they’d made since Consumer Duty was introduced.
The Financial Ombudsman Service (FOS), an independent government-backed body responsible for resolving disputes between FCA regulated financial institutions and their customers, has also published a number of decisions where firms have been instructed to reimburse clients for unfulfilled fees.