Wrong or misleading information

Our approach

When we receive complaints about misleading or incorrect information being provided we look at whether or not:

  • the information given was wrong
  • the scheme was to blame for the error
  • it was reasonable for someone to have relied on the information.

What we look at

If we decide that someone has been given inaccurate information we’ll look at how that happened and whether it was reasonable for them not to have noticed an error or checked to see if what they were told was correct.

If it was reasonable for someone to have relied on the inaccurate information we’ll then look to see if any loss has been suffered as a result.

In particular we will consider whether they would have acted any differently with the correct information. We will also consider whether they took reasonable steps to reduce (or “mitigate”) any loss when the error came to light.

What happens if the complaint is upheld?

We may direct the scheme to make payments to compensate for any financial loss that has arisen as a result of the person relying on the inaccurate information.

In some cases we may award a sum for the non-financial injustice, such as distress and inconvenience caused by the error [see ‘Putting Things Right’].