What this means
Start with the exact decision in front of you.
A prohibition order may restrict particular functions or regulated activity more broadly and can accompany withdrawal of approval. The wording, evidence and future scope require separate attention before deciding whether to make representations or a tribunal reference.
Immediate priorities
Organise the position before responding.
Analyse the exact breadth of the proposed prohibition
Preserve the decision record and tribunal deadline
Collect evidence relevant to present and future fitness
Detailed guidance
The procedure, evidence and possible route from here.
01
Analyse the proposed scope
A prohibition order can prevent an individual from performing specified functions, functions of a described kind or functions connected with regulated activities more widely. Read the draft wording, not only the headline that prohibition is proposed. Map each restriction against realistic roles and permissions. The FCA should connect breadth to the evidence of unfitness, including the nature of conduct, functions performed, market context and risk to consumers or confidence.
Withdrawal of approval concerns an existing controlled function; prohibition can reach future functions and may apply whether or not the person currently holds approval. The FCA can pursue both, but the reasoning should remain clear. Identify whether the case alleges dishonesty, competence, rule breaches, non-disclosure or another matter, and test how far that concern logically extends. A narrow technical failure and a pervasive integrity finding present different scope questions.
- Mark every function captured by the proposed wording
- Connect breadth to the FCA's stated findings
- Separate existing approval from future prohibition
02
Build evidence about present fitness
Evidence may include the original events, later conduct, remediation, competence, references and proposed future role. It should not be generic. A reference from someone who knows the findings and has observed relevant work has more value than praise from an uninformed contact. Where the person accepts shortcomings, explain specifically what changed and how that reduces recurrence. Where facts remain disputed, avoid presenting remorse as an inaccurate admission.
Time since the conduct is relevant but not decisive. Explain what the individual has done during that period, any compliant regulated work and whether restrictions already operated. Financial or personal circumstances may show impact, yet proportionality primarily requires engagement with statutory objectives and future risk. If a limited prohibition would address the concern, define it precisely and explain why excluded functions do not present the same risk.
- Use references informed by the actual concern
- Evidence specific remediation and later conduct
- Propose precise narrower wording where supported
03
Protect the statutory challenge route
The warning and decision notice process applies before a prohibition becomes final, and a decision notice may be referred to the Upper Tribunal. Preserve the service date, reasons and evidence record. Tribunal preparation requires attention to jurisdiction, procedure and the case the decision-maker will consider; it should not be reduced to asking the FCA informally to reconsider after the deadline.
Confirm whether the prohibition takes effect immediately or after the statutory process, and check the Financial Services Register or published notices for accuracy. Employment and future applications may be affected even while a challenge is being considered. Public communications should state the procedural status exactly. A successful challenge may alter or set aside action through the available legal route, but no outcome should be promised before evidence and grounds are assessed.
- Preserve the decision and reference deadline
- Verify the order's effective date and register status
- State pending proceedings accurately
Key questions
Keep the analysis tied to this stage.
Whether prohibition is necessary
How broadly any order should be framed
Whether a statutory reference has viable grounds
Advice is provided only by the regulated firm that accepts a matter.
Common questions
Clarifying the route without assuming the outcome.
Is an FCA prohibition always industry-wide?
No. Orders can vary in scope. The wording may cover particular functions or be broader, depending on the evidence and the FCA's assessment.
Can a prohibition order be challenged?
A decision notice may be referable to the Upper Tribunal within the statutory period. The exact notice, deadline and grounds should be checked immediately.
Connected guidance
Continue through the topic map.
Use the hub for the full sequence or choose the connected route that matches the notice.
Official sources
Check the material for this question.
Sources checked 19 September 2026. Rules change, so compare the current notice and linked official material and tell the operator if a citation or summary needs correction.