Impartial. Professional. Accessible OMBUDSMAN CORPORATE BROCHURE_SINGLE PAGES.indd 1 25/08/ :29

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1 Impartial. Professional. Accessible OMBUDSMAN CORPORATE BROCHURE_SINGLE PAGES.indd 1 25/08/ :29

2 2 Conflict, whether with customers or with other businesses, is quite simply an unavoidable fact of life. Disputes happen and when they do they cost money, take up valuable time, risk damaging important relationships and can result in lost business. We can help. Since 2002 we have been providing alternative dispute resolution (ADR) to help solve them. We provide an independent, impartial and Font Usage cost effective means of resolving disputes In trying outside to present the courts a consistent - for the good and of strong consumers brand through and for our the printed good of and business. electronic communications, we only use two fonts. These should be used at all times on all materials produced for an external audience. The two fonts we use are Dax and Helvetica Neue. This brochure will help you find out more about ADR, discover who Ombudsman Services is, how we handle consumer complaints, and how we can resolve business to business disputes OMBUDSMAN CORPORATE BROCHURE_SINGLE PAGES.indd 2 25/08/ :29

3 3 We are good for business There is compelling evidence that ADR is good for business and it makes sense for all companies to join a certified ADR scheme. Evidence from our consumer action monitor research reveals that consumers have particularly low levels of trust and confidence in businesses that do not take their problems seriously, and illustrates very clearly the benefit that a well-handled complaint can have for a company and its brand. 50% of consumers think more highly of a business that handles complaints efficiently. Many also see the benefits of companies offering a third party dispute resolution service to handle complaints. A third of consumers say they would be more likely to buy a product or service from such a company.* Our ADR service is useful for trend spotting; we use complaint based insight to make recommendations to improve procedures and customer service standards, and to prevent similar complaints in the future. For example, as the energy ombudsman we lead workshops to improve the consistency of back-billing. We have received excellent feedback and have been asked to host similar events to further improve this approach across the industry. Our ADR solutions are tailored to work with your own complaints process, offering an extension to your existing procedures. We can provide advice and information to signpost your complainant in the event of a dispute. Our logo is a seal of approval, we have been certified by government, regulators and competent authorities. Our services can reassure potential customers that a dispute will be resolved. Our team of highly skilled, informed and motivated complaint handlers work with the parties to ensure that the business can maintain and build on its relationship with the complainant, allowing you to continue to work together once the issue is resolved. We have conducted training with new entrants to the market, helping them to avoid complaints where possible and to deal with those they do receive more comprehensively. * OMBUDSMAN CORPORATE BROCHURE_SINGLE PAGES.indd 3 25/08/ :29

4 4 ADR explained ADR is the term used to describe third party schemes that help consumers and businesses reach a resolution to a problem. It is an independent, impartial and cost effective means of resolving disputes outside of the courts. The main types of ADR that we provide are ombudsman, adjudication and mediation schemes. Advantages Compliance with the ADR Directive and Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 Participation or membership of an ADR scheme can increase consumer confidence in a particular trader/industry 82% of businesses that have used ADR would use it again* Encourages direct participation of the parties A means for the parties to resolve a problem themselves Independent Faster and less formal than going to court More cost-effective than the courts A confidential and impartial process Has the potential to create less ill will and can improve the relationship between the parties Creates an opportunity to continue and enhance the relationship between the parties after they have reached a resolution *European Business Test Panel Survey Alternative Dispute Resolution - available at OMBUDSMAN CORPORATE BROCHURE_SINGLE PAGES.indd 4 25/08/ :29

5 5 What we do and how we can help We are the experts in dispute resolution; here to sort out complaints about companies which participate in our schemes and to the wider business world more generally. More than 9,000 businesses participate in our services. Since 2002 we have handled 1.3 million cases. We currently employ more than 600 people and have a turnover in excess of 27 million. Our experience, flexibility, reach and economies of scale make us seriously competitive in the fragmented ADR market. Businesses that join our ADR schemes benefit from a more cost effective alternative to litigation, better access to information and analysis about customer problems, as well as opportunities to rebuild and improve relationships with dissatisfied customers. All of this enhances their corporate reputations. The Ombudsman Services mark of quality shows your customers that you take complaints seriously and is likely to lead to repeat custom. In our endeavours to lead the way in transparent communication and service excellence, we continue to see real benefit from working with Ombudsman Services. The impartial lens that Ombudsman Services applies to consumer referrals, provides not only a route for resolution, but also some key learnings in terms of ways to do things better. It is clear that both service providers and Ombudsman Services share a common goal to provide workable, balanced and fair solutions for customers. This continues to be the case as we move forward, helping to shape a better energy industry for all. Nigel Howard, Head of Consumer Regulation, British Gas Three s primary focus is to deliver a quality and consistent experience to customers. When customers do experience issues, it is vital that we resolve these issues as quickly and fully as possible and give customers a number of ways to contact us and fix their problem. Three is a member of Ombudsman Services: Communications and on occasion we will make consumers aware of their rights to refer their concerns to the Ombudsman Scheme. When this happens we learn from these issues to reinvent our processes and policies and make them better for our customers. Steven Cocker, Head of Executive Office Operations, Three Some of our existing clients: BRITISH PARKING ASSOCIATION OMBUDSMAN CORPORATE BROCHURE_SINGLE PAGES.indd 5 25/08/ :29

6 6 The legal position The European ADR Directive 2013 is designed to ensure that consumers have access to out-of-court redress in every EU member state, irrespective of the type of goods or services involved, or where they were bought. The Directive is now part of UK law. Under the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015, all businesses selling goods or services to a consumer must, from 1 October 2015, signpost the consumer to an ADR provider that is certified by a Competent Authority for the sector in the event that a complaint cannot be resolved to the consumer s satisfaction. Whilst the law doesn t currently require every company to use the ADR provider that has been certified for the relevant sector, it does require every company to tell its customers whether they intend to refer the dispute to that certified ADR provider or to a different non-certified provider, or to none at all. If the business chooses not to use the certified provider or to force the customer to take court action against them, it must explain this to the consumer and give reasons why. To minimise inconvenience to your customers, maximise the benefits to your business, and avoid the risk of enforcement action, it makes sense to direct your customers to a certified ADR body. Ombudsman Services is certified by the relevant Competent Authorities in the sectors in which we operate. Failure to comply with the law may lead to statutory enforcement action being taken under the Consumer Rights Act OMBUDSMAN CORPORATE BROCHURE_SINGLE PAGES.indd 6 25/08/ :29

7 To minimise inconvenience to your customers, maximise the benefits to your business, and avoid the risk of enforcement action, it makes sense to direct your customers to a certified ADR body OMBUDSMAN CORPORATE BROCHURE_SINGLE PAGES.indd 7 25/08/ :29

8 8 Ombudsman Services Our ADR services offer an effective way to manage legal costs, protect reputation and protect intellectual property. Most importantly, well-managed disputes can retain business, give your customers confidence that you take complaints seriously, and even lead to future sales. We offer an alternative to litigation - through us issues are dealt with privately, quickly, consistently and without undue regulatory or legal burdens and costs being placed on your business. Where possible we work constructively with industry representatives and with businesses to help them to improve their customer service, complaints handling and to avoid future complaints and disputes. More and more suppliers are coming to realise that giving consumers access to independent dispute resolution helps build customer trust and loyalty. Our role is not to punish when things go wrong, but to provide redress where required and to help companies repair their relationships with customers. We provide fast, efficient and low cost processes as well as consistent outcomes. We work constructively with companies to help them to improve their customer service and complaints handling, based on trends and information collected from the complaints we see. By feeding back we assist companies to get it right first time. Chief Executive Officer, Lewis Shand Smith Ombudsman Services is a modern service with very strong values and purpose, very highly trained people.who conduct investigations in an extremely orderly way.very good practice in dispute resolution.which I think could be incorporated into our public judicial system in order to provide legal determinations on the merits, in an affordable and accessible way. Prof. Dame Hazel Genn (Judicial Institute at University College London) SSE works closely with Ombudsman Services: Energy to provide our customers with an alternative dispute resolution route for their complaints. We are supportive of the Ombudsman and believe the inclusion of this free service forms an essential next step in our Complaint Handling Process, for complaints where resolution has not been reached despite the best efforts of the customer and ourselves the analysis we are able to complete on the complaints we receive has the added benefits of both informing our approach to complaint resolution and helping to drive improvements in our service. Sue Purnell, Customer Relations Manager OMBUDSMAN CORPORATE BROCHURE_SINGLE PAGES.indd 8 25/08/ :29

9 What s good for consumers is good for business OMBUDSMAN CORPORATE BROCHURE_SINGLE PAGES.indd 9 25/08/ :29

10 10 Our expertise As the largest multi-sector ADR provider in the UK, we have a vast amount of expertise across many different types of dispute. Energy We resolve consumer complaints between energy companies and their customers. We also deal with complaints about the Green Deal. We are approved by Ofgem, the UK gas and electricity regulator, to provide redress under the terms of the Consumers, Estate Agents and Redress Act, Dispute Customer complained to company X about standing charges applied to a gas account, claiming that it had not provided prior notification of the change in tariff structure and asked company X to remove the charges. Resolution We investigated the actions company X had taken and whether it had provided correct notification of the tariff change. It had and we concluded that the company had brought to its customer s attention the correct range of options available, including the option to move to another company. As there was no evidence of customer service shortfalls and company X had acted reasonably and fairly in accordance with the standards of conduct, no action was required of company X. Value We were able to tell the customer that company X had acted fairly and there was no evidence of error. The value for the company and their customer is reassurance that they are providing a fair service, helping to build trust in the industry. Asset Based Finance Association (ABFA) We consider complaints about companies that are ABFA members. ABFA is a Trade Association representing the industry that supplies finance services. Its members comprise approximately 95 percent of the UK and Irish market providing these products. ABFA sets and enforces standards within its industry, providing education and training. Dispute A freight company (complainant) experienced significant difficulties operating their business while working with an ABFA invoice finance company (company X). Complainant approached another finance company and was able to secure a facility that gave them the service it required. Company X levied a termination fee as a result of the complainant ending the agreement within the initial term. Complainant argued it had no choice but to source alternative finance to ensure survival of the business and considered a termination fee to be unfair. Resolution We interpreted the code of practice, and its guidance, as setting clear instruction for how company X should act in these circumstances. We established the complainant was experiencing hardship as a result of company X s finance terms. The complaint was upheld and the recommendation made for company X to remove the termination fee. The decision became binding and the remedy was carried out. Value ABFA agreed with our interpretation of the code. It welcomed the outcome that we achieved and the clarity that resulted OMBUDSMAN CORPORATE BROCHURE_SINGLE PAGES.indd 10 25/08/ :29

11 We have a vast amount of expertise across many different types of dispute OMBUDSMAN CORPORATE BROCHURE_SINGLE PAGES.indd 11 25/08/ :29

12 12 Our business Our people are at the heart of our business, our success and our growth. We have 600 loyal and committed employees based at our head office in Cheshire in the North West of England. Our business model is responsive, sustainable and provides value for money. Our governance ensures that we are independent. We are a not-for-profit organisation. We are not driven by the need to generate profits as we have no shareholders. Any surplus that is made is reinvested to ensure that we remain as efficient as possible. We are governed by a Board of independent directors with a specific focus on public interest. We are funded by those whose complaints we handle. A case fee is our charge to consider a complaint its payment is not dependent on outcome and charges vary depending on the method of investigation used. This means that the more complaints companies resolve in-house, the less they have to pay; this provides an incentive for them to improve their customer services. We help to improve the responsiveness of the redress system by providing a feedback loop to business regarding complaint trends and areas where business practice improvements are required. Crucially, this works to improve business performance, reducing future cases and thus lessening demands and pressures on the civil justice system. We focus on partnering with companies to develop a deep understanding of their service requirement. We can provide a range of dispute resolution services that are flexible to suit different sectors, businesses and transactions and that we are happy to talk more about these and what would work for you. Our main two key offerings are: The Consumer Ombudsman, to handle complaints from a customer about a business via an Ombudsman decision and The Commercial Ombudsman, to resolve business to business disputes predominantly through mediation OMBUDSMAN CORPORATE BROCHURE_SINGLE PAGES.indd 12 25/08/ :29

13 Our business model is responsive, sustainable and provides value for money OMBUDSMAN CORPORATE BROCHURE_SINGLE PAGES.indd 13 25/08/ :29

14 14 The Consumer Ombudsman We actively investigate complaints from consumers and make decisions which are legally binding on the business. Procedures are designed to redress the imbalance in the resources available to the individual and those available to the larger institution. Decisions are independent and based on what is fair and reasonable in the circumstances, and by calling on all the information required, the outcome is not affected by the presentation of the case. As an ombudsman we publicly feedback the lessons learned from cases we have handled, so that stakeholders can take steps to improve future practice. We review a complaint in a professional and impartial way and come to a decision based on the facts. Following our review of a complaint, as an ombudsman we can decide that no further action is required, or we can decide that a remedy is appropriate. We can require: an apology; an explanation as to what went wrong; a practical action to correct the problem; or a financial award. (subject to a limit) A remedy usually includes more than one of these factors. Our research shows 74% of complainants just want the problem put right, 47% simply want an apology and less than a third are seeking a financial award for their inconvenience. Our decisions are legally binding once the consumer accepts our decision. You have 28 days to put in place what we have asked for. We will not close the case until we are satisfied that the complaint has been resolved. We make recommendations so that you can avoid similar problems happening again. Our ombudsman service is free to use for consumers OMBUDSMAN CORPORATE BROCHURE_SINGLE PAGES.indd 14 25/08/ :29

15 15 Business to business We offer a comprehensive commercial mediation service; facilitating the resolution of commercial disputes across the UK and Ireland. We won t confuse you with rules and red tape, our offering is simple. We aren t limited to who we work with or what procedures we use, we are here to make commercial dispute resolution as simple for you as possible we give you access, choice, flexibility and quality in a speedy manner. Our services are more cost-effective than litigation, our processes are strictly private and confidential, and provide parties greater control over the selection of the individual(s) who will decide their dispute. Mediation is a way of resolving disputes between two or more parties through negotiation. Typically the mediator assists the parties to negotiate a settlement through a mediation agreement that all parties sign. A mediator has no decision making powers; the mediator will work to bring about a settlement that satisfies both parties interests. A solution can only result from an agreement reached by the parties. We provide access to thousands of accredited mediators. You have the option of selecting the mediator ensuring they have the right skills and experience, working in the right profession, based in (or able to travel to) the right location, and charging fees that suit your budget. Alternatively you can ask us to appoint the mediator based on our own experience. The Small Business Service has been developed to allow cost-capped access to mediation for small businesses. We have the facility to provide meeting rooms to host mediations. We have a flexible space that can be adapted to suit the format of proceedings. Our mediation service is supported by our Service Partner, Clerksroom. Ombudsman Services: Property (OS:P) is to my mind the best kept secret in the property sector. They provide an efficient and highly professional cost effective model of dispute resolution that is good for consumers but equally beneficial for business. Put simply OS:P has enhanced our customer service values across Winkworth by bringing a down to earth and fair approach to any deadlocked complaints. In some ways it is a shame that as more businesses take up OS:P services we will lose a key marketing advantage. Hugh Dunsmore-Hardy FRSA FNAEA, Non-Executive Director, Winkworth OMBUDSMAN CORPORATE BROCHURE_SINGLE PAGES.indd 15 25/08/ :29

16 Contact Us Phone: Follow Ombudsman Services Wilderspool Park, Greenalls Avenue, Warrington, Cheshire WA4 6HL Registered in England and Wales Registered number: OMBUDSMAN CORPORATE BROCHURE_SINGLE PAGES.indd 16 25/08/ :29