Partially upheld: Incorrect account opening - lack of parental responsibility complaint against Santander UK Plc

Decision detail

Summary

Ms K's father opened a Junior ISA at Santander without having parental responsibility, whilst Ms K's mother had already opened a duplicate Junior ISA elsewhere. When the mother discovered this, she could not progress a complaint with Santander as she was not a customer. The ombudsman found the account was opened incorrectly but resulted from the father's false declaration rather than Santander's error. As the mother is not an eligible complainant, no compensation was awarded. Santander must remove the ISA wrapper or close the account after liaising with the father.

The Ombudsman's reasoning

The ombudsman found that whilst the account was opened incorrectly, this resulted from the applicant's false declaration rather than an error by Santander. The bank had followed its published procedures and obtained required documentation. It was reasonable for Santander to rely on the applicant's declaration of parental responsibility. The ombudsman noted that Miss K is not an eligible complainant as she is not a Santander customer, account holder, or registered contact, and therefore the service has no power to award compensation for her distress. Legal and safeguarding concerns would need to be raised with relevant authorities, not the bank.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website