Vulnerability policy


Otis Lewis Ltd's clients may be vulnerable adults. Otis Lewis Ltd.’s staff and representatives have a responsibility to report any concerns as to whether their client, who may be a vulnerable adult, is subject to abuse to their line managers or the company compliance officer.


Abuse may take the form of physical, financial, material, sexual, psychological, discriminatory, emotional abuse or neglect.


At Otis Lewis Ltd we realise that sometimes a customer may be vulnerable as a consequence of mental or physical infirmity, age, credulity, learning difficulties, illiteracy and/or if English is not their first language.


Should this situation arise and it becomes obvious that the information we provide to the customer is not being understood then we will ask the customer to seek the involvement of a trusted friend or relative before proceeding. We will then schedule to call the customer back at a time when the trusted friend or relative can be present.


Though all types of abuse once alerted to their existence should be reported to the appropriate line manager and appropriate action carried out, at Otis Lewis Ltd, our primary concern is that of Financial Abuse as a claims management company due to economic recession, social change and advances in technology the risk of financial abuse is increasing.



Otis Lewis Ltd's clients may be vulnerable adults. Otis Lewis Ltd.’s staff and representatives have a responsibility to report any concerns as to whether their client, who may be a vulnerable adult, is subject to abuse to their line managers or the company compliance officer.


Abuse may take the form of physical, financial, material, sexual, psychological, discriminatory, emotional abuse or neglect.


At Otis Lewis Ltd we realise that sometimes a customer may be vulnerable as a consequence of mental or physical infirmity, age, credulity, learning difficulties, illiteracy and/or if English is not their first language.


Should this situation arise and it becomes obvious that the information we provide to the customer is not being understood then we will ask the customer to seek the involvement of a trusted friend or relative before proceeding. We will then schedule to call the customer back at a time when the trusted friend or relative can be present.


Though all types of abuse once alerted to their existence should be reported to the appropriate line manager and appropriate action carried out, at Otis Lewis Ltd, our primary concern is that of Financial Abuse as a claims management company due to economic recession, social change and advances in technology the risk of financial abuse is increasing.

'No Secrets' is the English guidance to local authorities on safeguarding, and it identifies financial or material abuse as including a range of activities, which are listed below with examples of how they might manifest in practice.


In Wales, the applicable guidance is 'In Safe Hands', and for cross-border cases, it should be noted that the Scottish legislative regime is different.


  • Theft - either physically, or through transfer of funds from the vulnerable person
  • Miss-appropriation or misuse of money or property - for example, improper use of money or assets when handling it for a vulnerable person under informal arrangements
  • Exerting undue influence to give away assets or gifts - this can include placing inappropriate pressure on a vulnerable person to change their will, or make gifts they otherwise would not or signing over the family home to one relative when the older person is about to go into residential care
  • Putting undue pressure on the older person to accept lower-cost/lower-quality services in order to preserve more financial resources to be passed to beneficiaries on death carrying out unnecessary work and/or overcharging - for example, tradesmen advising repairs for non-existent problems to property, or offering a service such as will writing accompanied by pressure selling, work for which is overcharged, and/or charged in advance
  • Misuse of older persons' assets by professionals - for example, by accountants or legal professionals with access to client funds
  • Misuse of enduring/lasting powers of attorney - use other than as intended or further than as limited by the document
  • Misuse of welfare benefits by appointees appointed to manage such benefits on behalf of a person lacking capacity to manage them
  • Misuse of Direct Payments by paid carers or family members instead of using the money for the benefit of the recipient
  • Salesmen encouraging certain people with learning disabilities who may lack capacity for their finances to enter into contracts or changing suppliers (for example for mobile phone services) when they do not understand their contractual responsibilities. This can also arise with older people, who may have limited capability to understand such contracts
  • Apparent theft or loss of possessions, for example in contexts such as hospitals or care homes, or where people have carers at home.
  • Assumptions that a person is fully protected once in these contexts should be avoided, as they can remain vulnerable to any of the above forms of abuse.

    • The Mental Capacity Act 2005 sets out a number of principles for its application, the first three of which act as a starting point for assessing capacity:


  • A person must be assumed to have capacity unless it is established that he lacks capacity - Section 1(2)

  • A person is not to be treated as unable to make a decision unless all practicable steps to help him to do so have been taken without success - Section 1(3)>

  • A person is not to be treated as unable to make a decision merely because he makes an unwise decision - Section 1(4)

  • For a person to lack capacity to make a specific decision, it must be established on the balance of probabilities that they are unable to adequately satisfy the following questions.

    • 1.Is the client able to understand the information relevant to the decision?
    2.Is the client able to retain the information?
    3.Is the client able to use or weigh up the information as part of the process of making the decision?
    4.Is the client able to communicate the decision (whether by talking, sign language, or any other means)?

    Under the GDPR, you have the following rights, which we will always work to uphold:


  • The right to be informed about our collection and use of your personal data. This Privacy Notice should tell you everything you need to know, but you can always contact us to find out more.

  • The right of access the personal data we hold about you. You can always contact us to find out more.

  • The right to access the personal data we hold about you. You can always contact us to find out more.

  • The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us to find out more.

  • The right to be forgotten. i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we have. Please contact us to find out more.

  • The right to restrict (i.e. prevent) the processing of your personal data.

  • The right to object to us using your personal data for a particular purpose or purposes.

  • The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.

  • Rights relating to automated decision-making and profiling. We do not use your personal data in this way.

    • For more information about our use of your personal data or exercising your rights as outlined above. Please contact us to find out more. Further information about your rights can also be obtained from the Information Commissioners Office or your local Citizens Advice Bureau. If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.

    If an Otis Lewis Ltd staff member or representative has a concern that his or her client is either presenting as a vulnerable client, advice should be sought from the compliance officer as to what advice should be given to that client. They should in the first instance raise their concerns with the relevant compliance and monitoring officer immediately.


    Otis Lewis Ltd will continue to consult and involve a person who lacks capacity to instruct in decisions and further steps to be taken. Ensuring that a person has an independent advocate that can assist in this regard.


    However, if it is determined on assessment that it appears the client lacks capacity then we should as a firm discuss the need to obtain a formal assessment of capacity from a relevant professional with the client.

    Otis Lewis Ltd staff members or representatives agree to abide by relevant regulatory rules and are required to maintain client confidentiality. When safeguarding vulnerable adults, there may be a need to disclose confidential information to someone from another organisation, such as the police or the local authority adult care department.


    Otis Lewis will only do this when the law allows, and when disclosure will help the its clients, or prevent a crime. If confidential information is to be shared, this should be done where possible with the person’s agreement. If this is not given, assessment of their best interests may still justify disclosure, and issues involving a wider or public interest may justify overriding their views.


    Any information shared will be on a “need to know” basis, i.e. only information that is directly relevant to any investigation, and the minimum necessary to achieve the objective of protection of vulnerable adults.

    Some groups at particular risk may lack capacity for their finances to enter into contracts, to change suppliers or to understand their contractual responsibilities.


    If you suspect your client has been mis-sold a product or service, you may wish to consider approaching the relevant ombudsman and seek guidance from the compliance team in such instances.

    You should take great care to correctly identify the relationship between clients and any person they nominate as their trusted friend or relative.


    If you are concerned that the client’s wishes are not being communicated accurately by someone that they have elected to translate for them, you should consider whether to engage an independent translator.


    It is also important to ensure that contractual terms and consequences are clearly understood by clients from cultural backgrounds that may hold different understandings of contractual and propriety concepts.


    In all cases, please refer these clients to your line management first so that the relevant information can be stored about who these clients were referred to, why that referral was made and what measures were taken once vulnerability was established. The information will be stored by the compliance department.


    Further guidance can be sought from the Compliance Team, in person or by emailing compliance: info@otis-lewis.co.uk

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    Otis Lewis Limited is Authorised and regulated by the Financial Conduct Authority in respect of regulated Claims Management Activity FRN: 830497 Registered with the Information Commissioners Office, registration number: Z2985534 Registration Address Blackburn Enterprise Centre, Furthergate, Blackburn, BB1 3HQ. Otis. Company Number: 07894875. Registered as a company in England & Wales. Vat Number:0139048016