FCA regulatory remediation and enforcement defence

Legal defence and regulatory remediation for FCA investigations and enforcement

Financial Conduct Authority (FCA) examinations and enforcement task can pose considerable lawful, economic, and reputational risks to regulated firms and individuals. Early, well-structured legal treatment is crucial to mitigating direct exposure and bring back governing confidence, especially in the context of escalating FCA enforcement actions. Our service concentrates on guiding clients with remediation programmes and defending their passions during FCA supervisory and enforcement processes.

We sustain authorised firms, senior supervisors, and controlled specialists encountering regulatory scrutiny, from initial information demands via to formal enforcement end results. Our technique is pragmatic, strategic, and aligned with the FCA approach to enforcement, including assumptions around collaboration, accountability, and symmetry.

Understanding FCA remediation and enforcement exposure

FCA action commonly arises following supervisory testimonials, thematic inspections, whistleblowing reports, or incident-driven examinations. Firms may be called for to remediate systems, controls, governance arrangements, or historic conduct problems, particularly where the regulator exercises its legal FCA enforcement powers.

Common triggers include:

• Weak governance or compliance frameworks
• Failures in customer treatment or disclosure
• Breaches of regulatory permissions or thresholds
• Inadequate financial crime controls
• Senior management accountability concerns

Understanding how these risks are assessed under the FCA enforcement guide is essential to anticipating regulatory expectations and avoiding escalation.

Regulatory remediation strategy and execution

Effective removal needs greater than technical repairs; it must straighten with FCA assumptions on culture, liability, and sustainability. We help customers in making and supplying remediation programs that are reliable, evidence-based, and regulator-ready, while supporting FCA enforcement transparency via structured coverage and audit-ready documents.

Our remediation support typically includes:

• Regulatory gap analysis and root-cause assessment
• Development of remediation plans, milestones, and governance oversight
• Drafting and reviewing policies, procedures, and control enhancements
• Senior management and SMCR-related accountability mapping
• Preparation of remediation reports and progress updates for the FCA

Throughout the process, we focus on proportionality, feasibility, and defensibility.

FCA enforcement defence and representations

When matters progress toward enforcement, legal strategy becomes central. We represent clients during interviews, information requests, and formal enforcement stages, ensuring procedural fairness and robust defence of legal and factual positions. This includes including responses to evolving FCA enforcement proposals.

Our enforcement defence work covers:

1. Managing FCA information requests and compelled interviews
2. Responding to warning notices and statutory notices
3. Preparing written and oral representations
4. Negotiating scope, findings, and settlement outcomes
5. Advising on public censure, penalties, and prohibition risks

We aim to reduce sanctions, protect professional standing, and achieve the most favourable resolution possible.

Why clients choose Consultant

Clients engage Consultant for our balanced combination of regulatory insight and dispute-focused legal strategy. We understand how the FCA assesses risk, credibility, and cooperation, and we tailor our advice accordingly.

Our strengths include:

1. Experience across FCA supervision and enforcement matters
2. Clear, commercially grounded advice for boards and senior managers
3. Strong focus on risk containment and reputational protection
4. Structured, transparent workflows with defined deliverables

We act as a trusted legal partner throughout high-stakes regulatory challenges.