Ombudsman Services. The Ombudsman Association. The Rules? What Rules? (667)

To the Business, Energy and Industrial Strategy Secretary / Chair, Ombudsman Services.

For Clarity - Attempt 667.

667) Ombudsman Services. The Ombudsman Association. The Rules? What Rules?

Dear Mr Clark and Lord Tim Clement Jones,

It would appear that the executives at Ombudsman Services have failed their own unimpeachable integrity test when it comes to the rules.

The company's Terms of Reference preclude them from appointing a surveyor to the post of Ombudsman so they unprecluded themselves and appointed one who just happens to be a surveyor anyway - "What you going to do about it?" would seem to be their attitude.

Q. Mr Clark, your department has a close and continuing relationship with this government approved and monitored scheme, what are you going to do about it? 

The Ombudsman Services Annual Report says that they have successfully met all the criteria for membership to the Ombudsman Association. But is this true?

In, "Guide to Principles of Good Governance" they state;

"BIOA's Criteria (for the recognition of ombudsman offices) set out the requirements that a scheme must fulfil if it is to become a full voting member of BIOA. These requirements underpin the key criteria of independence...."

We tried talking to the secretary of the BIOA / Ombudsman Association about the Property Ombudsman's independence and failure to arrive at decisions in a logical manner (secretary@ombudsmanassociation.org) but he wasn't answering questions on that particular day.

Q. Lord Tim Clement Jones, your company has appointed a surveyor to the post of Property Ombudsman when your Terms of Reference state otherwise. how does that satisfy the BIOA/OA's requirement for independence?

The BIOA/OA believe that,

"Questions of governance assume particular importance"

Q. Lord Tim Clement Jones, When your Independent Assessor stated in her First and Last Report that she was surprised by the extent and degree of maladministration in this particular ombudsman service how did that meet the BIOA/OA's requirement for good governance?

Quite obviously there can't be good governance when the executives are engaged in and/or condoning maladministration. Who regulates the regulators?

They continue,

"If a scheme is to be credible, all stakeholders must have confidence in it and in the independence and effectiveness of the Office holder in the role of investigating and resolving consumer or public service complaints."

Q. Lord Tim Clement Jones, when a RICS Ombudsman working to a RICS Memorandum of Understanding and who is in frequent contact with RICS to provide performance data on the effective management of property complaints takes average financial awards down to 50 quid after there'd been an expression of some concern over the recent rise in the levels of award, can consumers really have confidence in the independence of the Office holder as required by the BIOA/OA?

They then require,

"Those involved in the governance of the scheme conduct themselves in the best interests of the scheme."

Q. Lord Tim Clement Jones, when the executives maladminister consumer complaints how can they possibly be conducting themselves in the best interests of the scheme?

Regarding, "Accountability" the BIOA/OA criterion for membership requires,

"that all members of the scheme, including the office holder and staff members of any governing body are seen to be responsible and accountable for their decisions and actions,

- subject to appropriate public or external scrutiny,

- robust mechanisms for review of service quality,

- clear whistleblowing policy."

Q Lord Tim Clement Jones, your company no longer publishes the range of levels of award as required by the OFT or Customer Satisfaction Reports on the effectiveness of OS:Property in handling consumer complaints so how does it satisfy the BIOA?OA requirement for appropriate public or external scrutiny?

We phoned the BIOA/OA secretary to say that Ombudsman Services does not have a whistleblowing policy - clear or otherwise - but that it did have its CEO and Chief Ombudsman sitting on the BIOA/OA Board. How could this be?

We were never told.

Q. Lord Tim Clement Jones, why doesn't your company have a clear whistleblowing policy?

The CEO and Chief Ombudsman of Ombudsman Services who happens also to be Chair of The British and Irish Ombudsman Association/Ombudsman Association, has described this as, "an exemplary model of dispute resolution" - we disagree.

It seems that in The Golden Age of the Ombudsman there are those who make and break the rules as when they please - and the rest of us who suffer as a consequence.

Yours sincerely,

Steve Gilbert - Workstock Number - 510458.

The Ombudsmans61percent Campaign is at: www.blogger.com and www.facebook.com Ombudsmans Sixtyone-percent.