Vulnerable Persons Policy

Introduction

The aim of this policy is to outline the practice and procedures for staff to contribute to the prevention of detriment to clients who find themselves in vulnerable circumstances. The policy covers all staff within the firm and, in particular, those operating in areas that deal directly with clients or those acting on behalf of a client.

The Definition of a Vulnerable Person

The Financial Conduct Authority (FCA) has developed the following definition to guide work in this area. However, the FCA does not make specific rules to address each area of vulnerability. Instead, they establish the responsibilities within their principles for all firms. These include:

FCA Principles

• Skill, Care and Diligence: A firm must conduct its business with due skill, care and diligence.
• Management and Control: A firm must take reasonable care to organise and control its affairs responsibly and effectively, with adequate risk management systems
• Customers’ Interests: A firm must pay due regard to the interests of its customers and treat them fairly.
• Communications with Clients: A firm must pay due regard to the information needs of its clients and communicate information to them in a way which is clear, fair and not misleading.
• Customers: Relationships of Trust: A firm must take reasonable care to ensure the suitability of its advice and discretionary decisions for any customer who is entitled to rely upon its judgement.

Treating Customers Fairly Principles

• TCF Outcome 1: Consumers can be confident that they are dealing with firms where the fair treatment of customers is central to the corporate culture.
• TCF Outcome 2: Products and services marketed and sold in the retail market are designed to meet the needs of identified consumer groups and are targeted accordingly.
• TCF Outcome 3: Where consumers receive advice, the advice is suitable and takes account of their circumstances.

The principles above are set out in regulation on how firms must deal with and treat their clients.

What constitutes someone to be vulnerable 

Vulnerability occurs in a variety of ways which may be permanent, temporary, or even sporadic, dependent on its nature.  In many circumstances the individual may not recognise themselves as ‘vulnerable’.

We recognise that vulnerability may not be simply due to the situation of the consumer but caused or aggravated by the actions or processes of the firms they may deal with, and is considered to be someone who:

“Due to their personal circumstances, is especially susceptible to detriment, particularly when a firm is not acting with appropriate levels of care.”

What constitutes someone to be vulnerable, or potentially vulnerable, can include:

• Health – health conditions or illnesses that affect the ability to carry out day-to-day tasks.
• Life events – major life events such as bereavement or relationship breakdowns.
• Resilience – low ability to withstand financial or emotional shocks.
• Capability – low knowledge of financial matters or low confidence in managing money.

There is no definitive list of the different types of vulnerability. Even if there were, different people react differently to different situations and it is therefore important to:

• Understand the different types of vulnerability.
• Assess the impact it can have on those people and the decisions they take.
• Determine how your firm deals with different people with different vulnerabilities.

We recognise that clients who might be considered as being in vulnerable circumstances could include those with:

1. Mental capacity deficiencies (including language or communication), including mental illness and dementia.
2. Stress or subject to financial shock of all types, such as employment concerns, bereavement (or potential bereavement), marital or relationship difficulties.
3. A physical impairment that may not allow them to engage with automated, or other standard process requirements (such as photographic ID, phone keypad recognition, or internet applications).
4. Severe and long-term illness (both life-limiting and where recovery is expected).
5. Little or no financial experience or have no access to mainstream financial services.
6. Low income.
7. An existing distressed financial situation.
8. Responsibilities for others, such as ‘carers’ or acting as power of attorney.
9. No access to the internet or other digital media.
10. Poor language skills.
11. A general vulnerability due to being aged 75 and over or aged 18 years and under.

We must remain mindful of the potential for enquiry by these clients and the potential for any change of circumstance in respect of existing customers.

Understanding the different types of vulnerability

We may work with clients who at outset are in a permanent or temporary state of vulnerability. We will also advise someone who at outset would not be considered to be in a vulnerable position but changes to their personal circumstances could, in turn, change that status. Therefore, to understand vulnerability it is important we identify some of its drivers. 

Whilst it would be very difficult to create an exhaustive list, here are some of the factors that could help our practice identify potential vulnerability. Characteristics include:

• Age
• People in care
• Poor health
• Mental health issues
• Learning difficulties
• Physical disabilities
• Being a carer
• Low literacy
• Language barriers
• Low income
• Living conditions
• Single parents
• Cultural barriers
• Poor communication skills
• Subject of abuse

However, it should be noted that displaying a characteristic does not automatically mean that an individual is vulnerable. Identification of the characteristic can deliver the same outcome, albeit in a suitably tailored manner, however, it is important to determine if the characteristic has led the client into a particular personal situation or vice-versa. Situations include:

• Bereavement
• Loss of income
• Unemployment
• Victim of crime or an accident
• Relationship problems
• Gambling problems
• Drink/Drug problems
• Recently left care
• Residency uncertainty

A person with a vulnerability is usually described as someone who is at a higher risk of harm than others. It is possible the customer may be subject to more than one area of vulnerability. It will not always be easy to identify a vulnerability. Some of the signs may be obvious, whilst others may be hidden or not disclosed. It should not be assumed that a customer will disclose a nature of vulnerability that cannot be identified through the naked eye or by having a basic knowledge of that customer. It may only be identified through thorough questioning of the customer to fully understand their circumstances and appreciate their needs. The risk of not understanding the vulnerability therefore increases where there is no personal interaction with the customer.

Identification of clients in vulnerable circumstances

Vulnerability is broad and may occur at any time.  It will usually involve the interplay of characteristics of the individual, their circumstances, and static or transitory status.

We only deal with customers in vulnerable circumstances where we are aware of their needs:

1. Mental capacity deficiencies – the FCA provides clear guidance on the identification of mental capacity limitation issues in their Handbook. 
2. Stress or financial shock – may be identifiable (facial expression, posture or stance etc.), but otherwise may be revealed through conversation before and during interview.
3. Physical impairment – may be identified visually, or through interview.
4. Severe and long-term illness – may be identifiable through conversation or through interview.
5. Financial inexperience – may be identified through the factfind process and their credit profile.
6. Low income – may be identified through interview and credit profile.
7. In financial distress – may be identified through interview and credit profile.
8. Carers – may be identified through interview or conversation.
9. Digital exclusion – identifiable through interview or via routes of engagement (or non-engagement) with the firm.
10. Poor language skills – may be audible or identifiable via routes of engagement with firm.
11. Clients aged 75 and over or clients aged 18 years and under – should be offered the opportunity to have a relative or friend accompany the client to a meeting.

The nature of the need area to be addressed may also indicate vulnerability.  For example, people wanting to arrange:

• An equity release product
• Right-to-buy
• A first-time buyer mortgages 
• Debt consolidation or further credit 
• Debt management 
• The provision of long-term care 
• Excessive monetary withdrawals from investments

These could be some indicators of vulnerability, but this is not designed as an exhaustive list. In the circumstances that apply to our firm we will apply additional safeguards, as appropriate, to ensure fair treatment. This will apply to each individual but where we identify groups of the same people, we may establish a process aligned to the needs and circumstances of that group.

Assessment and management of risk

Just because somebody is vulnerable it does not automatically mean that they are unsuitable for the

advice and services our firm supplies. As soon we think we may be engaging with vulnerable

clients we will make a record of this and ensure we adhere to this policy. 

When speaking to the vulnerable consumer we will:

• Provide additional opportunities for the customer to ask questions about the information we have provided.
• Continuously seek confirmation that they have understood the information that has been provided. 
• Ask if there is anybody with them who is able to assist them, and offer them the opportunity to have a family member or friend present during the conversation

We will not discriminate against clients in vulnerable circumstances. Where the vulnerability is mutually recognised, we will only adjust our fees where our services require extra resource to treat the client fairly. Any additional costs will not seek to profiteer from the situation and will be fully disclosed to the client before any subsequent work is carried out. 

Where we feel we do not have the expertise to deal with the client due to their personal situation we will make every attempt to refer them to another firm or third party for the appropriate level of support to be provided. 

Understanding the benefits to our firm

Supporting customers and clients who are in a vulnerable position is not just a regulatory but is also a moral responsibility. We intend to fulfil our duties in this area and as a firm we see the benefits in adopting the right approach. These include:

• Reduction in complaints
• Greater client satisfaction
• Engagement from a particular client set
• Reputational benefits
• Good publicity 
• Improvement of overall “culture” 

We will review our practices periodically for consistency and to determine adherence to the stated policy.

Determining how we deal with different people with different vulnerabilities

Once a vulnerability has been identified, we will consider how it is recorded and what, if any, changes they make to their sales or service processes and outcome. Some vulnerabilities are not always easy to deal with. Once a vulnerability has been identified and understood, we may deem that specialist support, which is not within its own capabilities, expertise or resources, is necessary. At that point, we will cease to act on behalf of the customer and may wish to refer them on to a suitably qualified and experienced firm. We may take this decision if we believe we cannot act in the client’s best interests.

The following illustrates mitigating actions for clients with mental capacity deficiencies (for the avoidance of confusion “competent person” means an individual without the limitation presented by the client):