Transforming bailiff action. Ombudsman Services response to Ministry of Justice s consultation on Transforming bailiff action

Similar documents
Service Standards Framework

Can I Help You? V3.0 December 2013

Parkbury House Surgery

Surveyors Ombudsman Service. Customer Satisfaction 2010

Complaints and Suggestions for Improvement Handling Procedure

Complaints Handling. 27/08/2013 Version 1.0. Version No. Description Author Approval Effective Date. 1.0 Complaints. J Meredith/ D Thompson

Report by the Local Government Ombudsman

Report by the Local Government and Social Care Ombudsman

Learning to Get Better

Parliamentary and Health Service Ombudsman. Complaints about the NHS in England: Quarter

Feed-in Tariff Scheme: Guidance for Licensed Electricity Suppliers

Report by the Local Government and Social Care Ombudsman

Complaints, Compliments and Concerns (CCC) Policy

Health Profession Councils National Strategic Plan

The Local Government Ombudsman s Annual Letter Stafford Borough Council for the year ended 31 March 2007

FOS Complaints and Feedback Policy and Procedure

Consumer Complaints Management and Resolution Policy

2.1 This policy has due regard to the Housing Act 1996 and the Localism Act 2011.

Report by the Local Government Ombudsman

Hamilton Supported Living Service - Housing Support Service Housing Support Service Flat 3 5 Raeburn Crescent Hamilton ML3 9QD Telephone: 01698

London Borough of Hillingdon

COMPLAINTS POLICY. Head of Complaints & Customer Service Improvement

CAPITAL CARDIFF PEERING FACILITY GRANT GUIDANCE NOTES

Dudley Metropolitan Borough Council

The London Borough of Greenwich

Standards Committee 12 February Council 22 February Annual Report Of The Council's Monitoring Officer 2017

Making a complaint about the Care Inspectorate s work Information for people using or providing a care service

Scouts Scotland Fundraising Charter

Making Comments and Complaints

ADVOCATES CODE OF PRACTICE

UoA: Academic Quality Handbook

Understanding the Impact of Phone and Internet Issues in Queensland

January to December Energy Sector Report

Annual Report

Process for registering a political party

Item No. 15. Meeting Date Wednesday 14 th June Glasgow City Integration Joint Board Finance and Audit Committee

A summary of: Five years of cerebral palsy claims

Northamptonshire County Council

The University of Edinburgh Complaint Handling Procedure

Queen Margaret University CONSUMER INSIGHT CENTRE invite you to apply to study for the following qualification:

Annual Complaints Report 2014/15

Local Government Ombudsman Service Complaint Review. February Executive Summary

KOOYOORA LTD. Michael Shand QC 5 December 2017

MEMORANDUM OF UNDERSTANDING THE CHARITY COMMISSION FOR NORTHERN IRELAND AND THE FUNDRAISING REGULATOR

Surrey County Council

SCHOOL COMPLAINTS POLICY AND PROCEDURES

Report by the Local Government and Social Care Ombudsman. Investigation into a complaint against Liverpool City Council (reference number: )

Health Care Reform (Affordable Care Act) Leadership Summit April 26, 2010 Cindy Graunke

Page 1 of 18. Summary of Oxfordshire Safeguarding Adults Procedures

PATIENTS FIRST AN AGREED AGENDA ON A PATIENT SAFETY AUTHORITY.

PUBLIC SERVICES OMBUDSMAN WALES PROGRESS WITH CORRECTIVE ACTION PLANS. Assistant Director of Patient Safety & Quality

The Social Work Model Complaints Handling Procedure

British Safety Council International Diploma in Occupational Safety and Health 2014 Specification

Feedback and complaints:

Heading. Safeguarding of Children and Vulnerable Adults in Mental Health and Learning Disability Hospitals in Northern Ireland

Carewatch (Edinburgh, Mid & East Lothian) Housing Support Service 29 Drumsheugh Gardens Edinburgh EH3 7RN

London Borough of Bexley

EQUAL OPPORTUNITY & ANTI DISCRIMINATION POLICY. Equal Opportunity & Anti Discrimination Policy Document Number: HR Ver 4

Highland Homeless Trust Housing Support Service 57 Church Street Inverness IV1 1DR Telephone:

Report by the Local Government and Social Care Ombudsman

CUSTOMER CARE POLICY Compliments, Comments, Concerns and Complaints

Report by the Local Government Ombudsman

London Borough of Southwark

Manager, Continuing Education and Testing. Responsible Officer Policy Officer Approver. Marc Weedon-Newstead Emma Drummond Rob Forage

NHSGG&C Referring Registrants to the Nursing & Midwifery Council Policy

Introduction to Duty of Care in Health, Social Care or Children s and Young People s Settings

Capability Scotland - Community Living and Family Support Services (Dundee) - Care at Home Support Service Care at Home Anton House Ogilvie Centre 5

Ombudsman s Determination

A Case Review Process for NHS Trusts and Foundation Trusts

The Ombudsman and the Changing Face of Public Services. Peter Tyndall. Public Services Ombudsman for Wales. 1 Ffordd yr Hen Gae.

Complaints about Private Nursing Homes

A Public Service Ombudsman: A Consultation Cabinet Office. 16 June 2015

NHS RUSHCLIFFE CLINICAL COMMISSIONING GROUP CLINICAL PROCUREMENT STRATEGY AND POLICY

Service User Guide. Welcome to TLC

Forward Plan

Health, Safety and Wellbeing. (Police Officers and Authority Police Staff) Standard Operating Procedure

Penumbra - West Lothian Supported Living Service Housing Support Service Unit 20 Grampian Court Beveridge Square Livingston EH54 6QF Telephone: 01506

The investigation of a complaint by Mr D against Cwm Taf University Health Board. A report by the Public Services Ombudsman for Wales Case:

Northamptonshire County Council

Application Form: FOR INFORMATION ONLY, DO NOT SUBMIT ON THIS FORM. FINAL APPLICATIONS WILL BE MADE ONLINE.

Complaints policy RM07

Chelmsford Borough Council

USA. a. Command investigation?

Orchard Home Care Services Limited

THE ADULT SOCIAL CARE COMPLAINTS POLICY

Exeter City Council. The Local Government Ombudsman s Annual Review. for the year ended 31 March 2009

Independent Living Services - ILS Ayrshire Housing Support Service Cumbrae House 15A Skye Road Prestwick KA9 2TA

Farm Data Code of Practice Version 1.1. For organisations involved in collecting, storing, and sharing primary production data in New Zealand

Heading. Safeguarding of Children and Vulnerable Adults in Mental Health and Learning Disability Hospitals in Northern Ireland

Avant Mutual Group Limited. Submissions to the Health and Community Services Committee with respect to the Health Ombudsman Bill 2013

2018 Guide to Application and Assessment

How CQC monitors, inspects and regulates adult social care services

COMPLAINTS IN LONG-TERM CARE HOMES

Policies, Procedures, Guidelines and Protocols

VERIFICATION PROCESS: Exempted Micro Enterprise (EME)

Ashfield Healthcare Nurse Agency Ashfield House Resolution Road Ashby-de-la-Zouch LE65 1HW

Report on Qualitative Consultation amongst Users

Homecare Support Support Service Care at Home 152a Lower Granton Road Edinburgh EH5 1EY

SUGGESTIONS, COMPLIMENTS & COMPLAINTS POLICY

LOCAL GOVERNMENT AND COMMUNITIES COMMITTEE AGENDA. 4th Meeting, 2018 (Session 5) Wednesday 31 January 2018

Transcription:

Transforming bailiff action Ombudsman Services response to Ministry of Justice s consultation on Transforming bailiff action

Consultation response to Transforming bailiff action: How we will provide more protection against aggressive bailiffs and encourage more flexibility in bailiff collections Author Mark Glover Status Final Date last revised (and reason) 14/05/12 Version number 0.3 Distribution Purpose of the document Consultation response to MoJ Related documents 1. Summary Established in 2002, Ombudsman Services now has over 8,500 participating companies and last year sent out over 20,300 complaint forms. The company employs over 170 people and has a turnover in the region of 6.4 million. Our service is free to consumers and paid for by the participating companies under our jurisdiction by a combination of subscription and case fee. While we consult with the sector participants on our annual budget and business plan, the participating companies do not and should not exercise financial control over the company. Our governance ensures that we are entirely independent from the companies that fall under our jurisdiction. Ombudsman Services welcomes the opportunity to comment on the Ministry of Justice consultation on Transforming bailiff action: How we will provide more protection against aggressive bailiffs and encourage more flexibility in bailiff collections. Ombudsman Services agrees that the enforcement agent should have the opportunity to resolve any complaint in the first instance thereby providing the opportunity for as quick and cost-effective resolution [of a complaint] as possible. It is only when this step 2

has been unsuccessful that the complaint should be considered by an independent third party. Ombudsman Services is of the view that any proposed alternative dispute resolution strategy should be in accordance with the Cabinet Offices guidelines and adopt the British and Irish Ombudsman Association s principles of good governance which are independence, effective, open and transparent, accountable, operate with integrity and clarity of purpose. Below is our response to the consultation which is most directly related to our experience of operating ombudsman schemes. 2. Introduction 2.1 The Ombudsman Service Ltd is a company limited by guarantee (not-for-profit) that provides ombudsman services for the energy, telecommunications and property sectors, by appointment or approval from the relevant regulators. We provide dispute resolution and redress to domestic consumers and micro businesses. 2.2 Established in 2002, Ombudsman Services now has over 8,500 participating companies and last year sent out over 20,300 complaint forms. The company employs over 170 people and has a turnover in the region of 6.4 million. 2.3 Ombudsman Services is appointed by Ofcom and Ofgem to be the redress scheme for the communications and energy sectors. In the energy sector we have recently taken on the responsibility for complaints about feed-in tariffs, in addition to our existing role providing the alternative dispute resolution scheme for both energy suppliers and networks. The redress service we provide in property developed from appointment by the Royal Institution of Chartered Surveyors, followed by approval from the UK Office of Fair Trading to provide alternative dispute resolution services for estate agents. 2.4 The most recent sector the service provides alternative dispute resolution for is copyright licensing and with our sustainable funding model, independence and considerable experience we have the capacity to undertake further work. 3

2.5 To help level the playing field between consumers and companies, we have a contact centre which provides information and helps those who have difficulty in making a complaint. We achieve proportionality by providing alternative dispute resolution through different processes, from informal resolution to in-depth formal investigation. Our decisions are enforceable through the courts. 2.6 Our service is free to consumers and paid for by the participating companies under our jurisdiction by a combination of subscription and case fee. While we consult with the sector participants on our annual budget and business plan, the participating companies do not and should not exercise financial control over the company. Our governance ensures that we are entirely independent from the companies that fall under our jurisdiction. 2.7 Ombudsman Services welcomes the opportunity to comment on the Ministry of Justice consultation on Transforming bailiff action: How we will provide more protection against aggressive bailiffs and encourage more flexibility in bailiff collections. 2.8 Below is our response to the consultation which is most directly related to our experience of operating ombudsman schemes. Q2 Do you consider the existing law and the revised National Standards for Enforcement agents is sufficient to address the problems we have identified or do you consider there is still a need for further Government intervention as set out in the remainder of paper? There appears to be no reference in the National Standards in respect of redress. We consider that there should be reference made to a redress scheme and how consumers can complain if they feel they have a problem. Q3 Do you consider there are any gaps in the range of information available on DirectGov? If so, please supply proposals for inclusion. Although covered on the Directgov website, the complaints section is rather weak. It says little if anything about the codes that bailiffs should adhere to and would be used 4

to consider the merit or otherwise of a complaint. The site could be strengthened so it is more helpful to the consumer. Q28 Do you consider there is a need to define vulnerability in the regulations? If so, please provide a workable definition with supporting argument. It would be helpful if the term vulnerability is defined in the regulations so that when considering potential complaints there is a common understanding of what is and is meant by the term. Q51 Do you consider that mandatory training is necessary to ensure an enforcement agent is fit and proper to hold a certificate? If not, please provide alternative proposals. Although there will be wider issues than just redress, Ombudsman Services does consider that there should be mandatory training of enforcement agents on what ever redress scheme is adopted. Q52 Do you consider an enforcement agent should undertake any further training or development after the granting of the certificate? If so, please provide proposals. There should be post certificate training to ensure that the skills of enforcement agents are kept up to date the training would include redress. Q53 Do you agree with our proposals on the complaints handling strategy? If not, please provide alternatives with supporting argument. Ombudsman Services agrees that the enforcement agent should have the opportunity to resolve any complaint in the first instance thereby providing the opportunity for as quick and cost-effective resolution [of a complaint] as possible. It is only when this step has been unsuccessful that the complaint should be considered by an independent third party. 5

Ombudsman Services is of the view that any proposed alternative dispute resolution strategy should be in accordance with the Cabinet Offices guidelines and adopt the British and Irish Ombudsman Association s principles of good governance: Independence Effective Open and transparent Accountable Operate with integrity Clarity of purpose Impartiality Governance and operational structures need to separate those under jurisdiction and who fund the service, from the operation of the alternative dispute resolution provider and the adjudications it makes. The independence of the scheme should also be supported by the appointment and periodic review and re-approval by the sector s regulator; in this case it might be the Bailiffs and Enforcement Agents Council. Impartiality is not just about independence from the bodies under jurisdiction. An ombudsman does not take sides and must also be able to demonstrate their impartiality and independence from complainants. In the case of the Ombudsman Services, this is achieved through rigorous processes, evidence-based and clearly reasoned conclusions, consistency of recommendations and a governance structure that is headed by an independent Board. Accessibility Consumers who are subject to action by bailiffs should to be advised of their right to take their complaint to Alternative Dispute Resolution by service providers, this could include: Information on their invoices or bills In correspondence on complaints In the terms and conditions and on their websites 6

By the issuing of a deadlock letter when the company accepts that they are unable to resolve the matter and refers the complainant to the ombudsman. In the case of Ombudsman services, the industry regulators, Ofgem and Ofcom require our participating companies to inform complainants when eight weeks have elapsed since their initial complaint and give our contact details to them. Consumer advocacy and advice organisations, as well as the regulators, continue to have an important role to play in signposting our service to potential complainants. Awareness must be coupled with accessibility. Any complaints process should be free to the consumer, make provision for those who have language difficulties or have specific needs, have a range of ways by which the complainant can interact with the scheme and use plain, jargon-free language in information and reports. In the case of Ombudsman Services for example; (a) Technology has a key role to play in raising the awareness of consumers, making it easier for them to engage with the ombudsman and making the process more time and cost-efficient and transparent. In April this year, Ombudsman Services launched a revised website through which complaints can be made. This will be further developed to allow complainants and companies to track complaints and view progress. It is noted that para 181 of the consultation document does envisage more use of online technology. (b) The website also gives details of what we can and cannot do, information on how to complain, details of our process and timescales and what action we might take to put things right. (c) For those who do not use the internet, we supply leaflets about our scheme. These are written in plain English and are available in other languages and formats on request. Our enquiry officers are trained in collecting all the information necessary by telephone to capture the key elements of a complaint. 7

(d) We provide translation services and support for those who are sight or hearing impaired. The process We suggest that the government supports the use of an Alternative Dispute Resolution process which includes a wide range of channels (telephone, email, on-line, letter, fax) for customers to submit complaints, help in completing the forms and articulating their problem and help to navigate the process. On receipt of this signed form Ombudsman Services then contacts the service provider to request the relevant case-file of information held about the complaint. In the first instance, we make every attempt to resolve a complaint informally to the satisfaction of both parties. Only where this cannot be achieved or the case is complex, then it is referred on for further investigation. Each party can consider the report and the recommendations and decide whether to request a review on the basis that either, there is an error in the report or its recommendations or new evidence has become available. If both parties accept at the first or second stages, then that becomes the final decision, which must be implemented within 28 days. If the complainant declines the Ombudsman s third stage final decision, or fails to respond, then the decision lapses and is not binding. Redress Any award that is made should be proportionate and place the complainant in a position as if nothing had gone wrong. The government may also wish to consider an element of the award that covers the time, trouble and inconvenience the complainant has suffered. To continue to operate effectively, arrangements should remain which allow the operator of the scheme to be able to pursue every provider within the scheme and through the energy company, make appropriate recommendations for redress. Such decisions when accepted by the complainant would then need to be able to be enforced through the courts, although we would expect the companies that were 8

members of the scheme to accept that the Ombudsman s decision was binding this is the case with all our participating companies. The Alternative Dispute Resolution provider is also able to report on systemic failures of the codes to the council and suggest potential solutions. Additional comments and observations Paras. 163/4 refer to the role of the Bailiffs and Enforcement Agents Council (BEAC). The consultation paper suggests that the council as has jurisdiction over the setting of standards and the performance of agents in the industry as well as their education and training and allegations of misconduct. The section also refers to the BEAC as having a role in investigating complaints. Ombudsman Services considers the role of the BEAC is more of a regulatory body than one that considers complaints; it is our view that in the interest of transparancey and independence from the companies with in its jurisdiction, the role of complaints investigation should be conducted by an ombudsman or similar type of independent adjudicator. 2.9 Ombudsman Services has considerable experience in the field of dispute resolution. We would be happy to provide clarification on any point in this evidence or if there is any other way we can help, please contact me. Lewis Shand Smith Chief Ombudsman 14 May 2012 9

10