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Assessment of risk and harm

  1. A key aspect that underpins our approach is how we identify and respond to risks and harm, and prioritise our enforcement action.
  2. Our statutory objectives and corporate strategy guide us in focusing our resources on priority areas for engagement. We take into account the level of risk to our statutory objectives in identifying cases which justify the use of our enforcement powers.

Relevant factors

  1. We consider a broad range of factors to develop a rounded view of a particular scheme’s circumstances, management and/or administration before making a judgment on the appropriate intervention and/or enforcement action.
  2. These factors may include but are not limited to:
    • level of harm or risk of future harm
    • size of the scheme liabilities
    • number of members affected
    • type of breach
    • compliance history and any historic risks
    • previous interactions and engagements with us
    • intervention by other regulators or agencies
    • potential complexity and resource intensity of our engagement compared to the impact and the value we can add through enforcement action
  3. Individual factors may be given more or less weight depending on our strategic priorities at that time.
  4. Any regulatory action we take is targeted, measured and evidence-based. We continue to re-assess our position throughout our investigation and enforcement activity.