Europe's most powerful financial regulator suffered a blow to its reputation last month when the Financial Services & Markets Tribunal watered down its mis-selling charge against insurer Legal & General and chided the regulator for its "flawed" investigation.
The tribunal criticised the FSA's Regulatory Decisions Committee (RDC), which considers recommendations from the FSA's enforcement team, for not sufficiently scrutinising the FSA's probe. The FSA said it would look at the options for a fair procedure under the current system in which the RDC, which is meant to represent the public interest but whose chairman is employed by the FSA, rules on whether censure is necessary.
Legal & General had argued that the RDC was not sufficiently independent.