Law, regulator rules, guidance and industry codes can all matter, but they do not have the same legal status or effect.
A strong consumer complaint identifies what kind of source it is relying on. An Act or regulation creates law; regulator rules can bind authorised firms; guidance explains expected interpretation/practice; industry codes can evidence good practice or contractual commitments.
Calling every source “the law” weakens an otherwise good argument. The better approach is to state accurately why the source matters to the decision-maker.
Key points
- Legislation and case law are legal authorities.
- Regulator rules may be binding on regulated firms within scope.
- Guidance may explain compliance but is not always itself a directly enforceable rule.
- Industry codes can be highly relevant to fairness/good practice even where they are not statutes.
- Ombudsmen may expressly consider good practice and guidance in addition to law.
A practical hierarchy
| Legislation / case law | Legal obligations and interpretation. |
|---|---|
| Regulator rules | Binding requirements within the regulator’s rulebook/jurisdiction. |
| Regulator guidance | Expected approach; persuasive context for compliance. |
| Industry code / standard | Good practice, data-sharing or sector standard; effect depends on scheme/contract/context. |
| Internal policy | How the organisation says it should operate; can be relevant to administration and fairness. |
Why classification matters
PRAAD is important to credit reporting, but it is not a Consumer Credit Act section 87 default notice. The correct complaint can therefore rely on PRAAD as industry credit-reporting practice without pretending it creates a CCA statutory notice requirement.
Use the source for the right point
Quote the specific rule/principle that answers your issue. Avoid citing a long Act or code merely to make a complaint sound legal.
In practice
- Label sources accurately in complaints.
- Explain how the decision-maker is required or entitled to take the source into account.
- Do not let an organisation answer one framework when your issue arises under another.
What to do
A practical next-step plan
- Identify the issue.
- Find the source that governs that issue.
- Classify the source.
- Explain its relevance and effect.
- Check version/effective date.
Common traps
Things that often confuse the issue
- Calling guidance legislation.
- Treating an internal policy as if Parliament enacted it.
- Citing the wrong framework because it uses similar terminology.
Official sources
Check the rules behind this guide
The point of this page is the hierarchy itself. These links deliberately show different kinds of authority: legislation/guidance, regulator material and an industry credit-reporting framework.
- Consumer Rights Act 2015 - GOV.UK
- How to complain - FCA
- Telecom ADR - Ofcom
- PRAAD and credit-reporting principles - CIGB
These are official or primary sources for this topic. Rules, scheme terms and deadlines can change, so check the live source before relying on a formal time limit or procedure.