Not upheld: account management - support marker application and consent complaint against Barclays Bank UK PLC

Decision detail

Summary

Miss O complained that Barclays added a mental health support marker to her account without her informed consent, causing her distress. She disputed that she had agreed to the marker and felt the wording was inappropriate given she has a physical rather than mental health condition. Barclays maintained it had discussed the marker with Miss O and she had agreed to it. The ombudsman reviewed the call transcript from 13 June 2025 and found that the agent discussed Miss O's situation with her, described the specific marker wording and its purpose, and Miss O verbally confirmed agreement at multiple points. Although the ombudsman acknowledged Miss O's distress and that her physical illness treatment may have affected her understanding, there was no evidence this was apparent to the agent. The ombudsman concluded Barclays did not act unreasonably and did not uphold the complaint.

The Ombudsman's reasoning

The ombudsman reviewed the call transcript in detail and found that the agent discussed Miss O's situation with her, including references to mental health and psychological support. Miss O confirmed her agreement to the marker being added at multiple points in the conversation (at 04:23, 05:29, and 07:19). Although Miss O was distressed by the marker and claims she did not give informed consent, the transcript evidence showed the agent described the marker's purpose and Miss O acknowledged this. The ombudsman found no clear evidence that Miss O's reduced capacity due to her physical illness treatment was apparent to the agent. The use of standard pre-determined wording for support markers is within Barclays' discretion, and the genuine intention was to assist Miss O with reasonable adjustments rather than cause distress.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website