Finance Editor, Kael Tripton Ltd - LBS MBA - Verified against FCA Handbook: 14 June 2026
Quick answer
The FOS provisional decision is a preliminary finding before the binding final decision. Both you and the firm have 28 days to comment. Respond with any factual corrections or new evidence. Only the final decision (if accepted) is legally binding on the firm.
What Is an FOS Provisional Decision and How Do You Respond?
Direct answer
What is an FOS provisional decision and can I challenge it?
A provisional decision is the FOS's preliminary finding. You have 28 days to comment -- submit new evidence or challenge factual errors. The ombudsman considers your comments before the final decision. Only the final decision is binding. If you disagree with the final decision, you can reject it and go to court.
Read the provisional decision carefully
Note the outcome, reasoning and proposed remedy. Check whether the reasoning accurately reflects all evidence you submitted.
Identify any factual errors
Set out clearly any errors or omissions in your response.
Submit additional evidence if relevant
If you have new evidence, include it in your response.
Respond within the stated deadline
Typically 28 days. Request an extension if you need more time.
If you accept -- confirm in writing
This triggers the final binding decision process.
FOS Provisional Decisions: Common Reasons Cases Are Lost at This Stage
The most common reasons consumers lose at the provisional decision stage are: failure to provide sufficient evidence of the original complaint to the firm, failure to document communications with the firm before escalating, inability to show that the firm's decision was unreasonable given the information available at the time, and late submission of key evidence (submitted after the FOS investigation rather than at the outset). When preparing your FOS case, submit everything upfront: all correspondence with the firm, the policy document, the IPID, any written or email records of conversations, and a clear chronology of events. The FOS case handler reviews all evidence and issues the provisional decision based on what is available at that point.
FOS Provisional Decisions for Home Insurance Claims: What to Expect
For home insurance claim disputes, the FOS provisional decision typically addresses three issues: whether the insurer applied the policy terms correctly (was the claimed event actually covered?), whether the insurer applied any exclusion reasonably (was the exclusion relevant to the specific circumstances?), and whether the insurer handled the claim in accordance with ICOBS 8.1.1 (promptly, fairly, with adequate guidance). The FOS case handler will have reviewed the policy wording, the IPID, the insurer's claims file, and all correspondence. If the provisional decision does not accurately characterise the policy terms or the sequence of events, this is the stage to correct it -- provide the specific page and clause of the policy wording that you believe has been misapplied, along with a clear explanation of why.
Frequently Asked Questions
What is an FOS provisional decision?
A provisional decision is the FOS's preliminary finding before the final decision. It sets out the case handler's view and proposed outcome. Both the consumer and firm have the opportunity to comment -- typically within 28 days -- before the final decision is issued. The provisional decision is not binding; only the final decision (if accepted by the consumer) is legally binding on the firm.
Can I challenge an FOS provisional decision?
Yes. You have the right to submit further evidence or arguments within the timeframe given. The ombudsman considers these before issuing the final decision, which may differ from the provisional. If you disagree with the final decision, your option is to reject it and pursue in court.
What happens if I do not respond to a provisional decision?
The FOS typically treats non-response as acceptance and may issue the final decision without further input. Always respond to a provisional decision, even if only to confirm acceptance in writing before the deadline.
How long does the FOS process take?
The FOS typically resolves straightforward complaints within 3-6 months. Complex cases can take 12-24 months. The process: initial review (1-3 months), investigator assessment and provisional decision (2-6 months), response period (28 days), final decision.
Can I request an ombudsman review of a case handler decision?
Yes. If you disagree with the case handler's assessment, you can request review by a qualified FOS ombudsman. The ombudsman issues the binding final decision.
Primary sources
Kael Tripton Ltd is registered with the Information Commissioner's Office under registration number ZC135439.
