In a letter to the Complaints Commissioner, the individual said a courier sent by the FSA arrived at her house after 9pm, “banging” on her door and disturbing her children.
Although the commissioner says the FSA did not breach her human rights, it agrees it was unreasonable for them to allow the courier to arrive at the house after 9pm and has also criticised the regulator for the manner of its initial apology, saying it “lacked sincerity”.
In its original response, the FSA Enforcement team said it “was not our intention to cause you or your children any inconvenience and we apologise if the delivery of confidential material by secure courier inconvenienced you or your family. Unfortunately we have no control over when our courier service delivers packages.”
The Complaints Commissioner said: “Although I can understand why the FSA felt it necessary to issue the document to your husband on the evening of 31 August 2010, it is clear to me that the FSA did not consider the timings or plan sufficiently in advance to ensure that they were available for dispatch at a reasonable hour.”
In addition to recommending an unconditional apology it has also suggested an ex-gratia payment of £50, both of which have been accepted by the FSA.
However, although it also suggested a deadline of 8pm for any future deliveries without prior agreement, the FSA has insisted 9pm remains a suitable ceiling.
In its response, the FSA said: “Many people employed in the financial services industry do not return home from work until after 8pm; the later deadline is less likely to result in deliveries of important documents being delayed because the documents have been returned to the FSA by the courier.”
