Category: Dispute resolution · Reviewed by Matt Bartlett, Director · Founder · Last reviewed 2026-06-11
FOS time limits are the temporal rules in DISP 2.8 of the FCA Handbook that determine whether the Financial Ombudsman Service can consider a complaint: principally the six-year-from-event rule, the three-year-from-awareness rule and the six-month-from-final-response rule.
Category: Dispute resolution Also known as: DISP 2.8 time limits, Financial Ombudsman Service time limits, FOS limitation Related concepts: Financial Ombudsman Service, FOS jurisdiction, FOS award limit, Insurance dispute
FOS time limits set the outer dates within which an eligible complainant must refer a complaint to the Financial Ombudsman Service if it is to be considered on the merits. There are three principal limits, drawn from DISP 2.8.2R, which operate cumulatively: the complaint must satisfy each.
The first limit is six years from the event complained of. The second is three years from the date on which the complainant became aware, or ought reasonably to have become aware, that they had cause for complaint. The third is six months from the date on which the firm sent its final response to the complaint (if one was given).
The first two limits operate disjunctively: a complaint is in time if it is brought within either the six-year or the three-year limit. The six-month final-response rule operates as an additional procedural gateway: if a final response has been sent and six months have passed, the FOS cannot consider the complaint regardless of the longer limits, save in exceptional circumstances.
The FOS has discretion to extend the time limits in cases of exceptional circumstances (DISP 2.8.4R), such as serious illness or other extraordinary impediment, but the threshold is high.
The statutory authority is in the Financial Services and Markets Act 2000, Schedule 17, paragraph 13 (rules about the Service’s procedure), with detailed rules in DISP 2.8 of the FCA Handbook. The three-limb structure mirrors but is not identical to the limitation rules in the Limitation Act 1980 (six-year primary period, three-year date-of-knowledge extension for latent damage and the Latent Damage Act 1986 provisions).
DISP 2.8.2R states the core rules. The Ombudsman cannot consider a complaint referred more than six months after the firm’s final response or summary resolution communication, or more than six years after the event complained of, or (if later) more than three years from when the complainant became aware (or ought reasonably to have become aware) of cause for complaint.
DISP 2.8.4R provides the exceptional circumstances discretion. The FOS has interpreted this restrictively but compassionately: serious physical or mental illness, bereavement of a key person, dependency, and other genuine impediments may be considered, but ordinary forgetfulness or delay rarely will.
DISP 2.8.7R contains a saving clause where the firm has not objected to the FOS considering the complaint. If the firm raises no jurisdictional objection, the FOS may proceed.
The time-limit rules were amended in the run-up to the PPI complaints deadline of 29 August 2019, when a special deadline for that complaint category was set under FCA policy and rules. That deadline has now passed; PPI complaints brought after it are generally out of time.
When a complaint is referred to the FOS, the Investigator’s first task (after confirming the firm is within jurisdiction and the complainant is eligible) is to test the time limits. Where the firm has issued a final response, the six-month clock from the date of that response is decisive: if more than six months have passed, the complaint is barred unless exceptional circumstances apply.
For the six-year rule, the “event complained of” is typically the act or omission giving rise to the complaint: the date of mis-selling, the date of claim declinature, the date of the relevant policy decision. Continuing courses of conduct may have multiple events, and the time limit runs separately for each.
For the three-year rule, awareness is tested objectively: the complainant must have known, or reasonably ought to have known, that they had cause for complaint. This requires more than knowing of the underlying facts; it requires appreciating that something might have gone wrong such that complaint is appropriate. The threshold is fact-sensitive and has been extensively considered in FOS decisions.
In practice the rules operate as follows. A complainant aware of cause for complaint in 2018 must complain by 2021. A complainant unaware of the issue until 2024, where the underlying event was in 2019, is in time under the three-year limb if they complain by 2027 (and the six-year limb if by 2025). After the final response, regardless of the longer limits, six months is the cut-off.
The interaction with the firm’s complaint handling under DISP 1.6 is important. A firm has up to eight weeks to issue a final response. If the firm does not respond within that period, the complainant may refer the matter to the FOS immediately, and the six-month clock does not start until a final response is actually issued.
Final response deadlines under DISP 1.6: Firms must issue a final response within eight weeks of the complaint (with limited interim procedures). For payment services complaints, the deadline is 15 business days, extendable to 35 business days in exceptional circumstances. Failure to meet the deadline allows the complainant to escalate to the FOS without waiting.
PPI special deadline: The 29 August 2019 deadline for PPI complaints (set under FCA rule CONC App 3) was a special once-off cut-off following extensive publicity. Post-deadline complaints face significant hurdles.
Continuing breaches: Where the conduct complained of is continuing, the six-year limit runs from each event in the course of conduct. Complaints about ongoing administration of a long-term policy may benefit from this in respect of more recent decisions.
Latent damage cases: Where the cause of complaint was hidden, the three-year-from-knowledge rule provides relief, but the FOS will scrutinise the asserted date of knowledge carefully.
Exceptional circumstances (DISP 2.8.4R): Recognised categories include serious illness, bereavement, dependency, mental incapacity and other extraordinary impediments. The FOS publishes case studies illustrating its approach.
Firm waiver (DISP 2.8.7R): If the firm does not object to the FOS considering an out-of-time complaint, the Service may proceed. This is uncommon but possible, especially where the firm wishes to obtain a binding determination to draw a line under a matter.
A consumer purchased an insurance product in March 2017. The policy was administered uneventfully until March 2024, when the consumer’s adviser noticed during a review that the product had been mis-sold (premium too high for cover; commission disclosed but excessive). The consumer complained to the firm in April 2024.
The firm issued a final response on 5 June 2024 upholding the sale. The consumer referred the complaint to the FOS on 1 December 2024 (within the six-month window). The Investigator tests the time limits: (a) the six-year rule (from March 2017) has expired (March 2023); (b) the three-year rule runs from March 2024 when the consumer reasonably became aware, expiring March 2027, so the complaint is in time; (c) the six-month rule from the 5 June 2024 final response expires 5 December 2024 — referral on 1 December 2024 is within time by four days. The complaint is admitted. Had the consumer waited a fortnight longer, it would have been time-barred under the six-month rule notwithstanding the otherwise-in-time three-year limb.
This entry is part of the Apex Insurance Wiki. Last reviewed by Matt Bartlett on 2026-06-11. Next review: 2026-12-11.
Apex Insurance Brokers Limited. Authorised and regulated by the Financial Conduct Authority, FRN 724952. Registered in England and Wales, Companies House 07014570. This entry provides general information about UK insurance concepts and is not regulated advice. Consult your insurance broker on your specific position.
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