Ombudsman Services:Property And The Terms Of Reference. (663)

The Ombudsmans61percent Campaign For A Public Inquiry Into The RICS And Its, "Appointed" Company Ombudsman Services:Property.

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

For Clarity - Attempt 633.

663. Ombudsman Services:Property And The Terms of Reference.

Dear Mr Hunt and Lord Tim Clement Jones,

The Ombudsman, who shouldn't have been a RICS surveyor but was, who replaced the ombudsman, who should have resolved disputes through negotiation and mediation but didn't, continued the trend she began and has taken average financial awards down to 50 quid.

The company state,

"Our Terms of Reference preclude any Ombudsman from being a surveyor, decisions are taken by a lay person whose expertise is in dispute resolution, not in the profession or service about which complaints are. It is for the Ombudsman to decide when third party expertise would be helpful in reaching fair and appropriate resolution."

(Ombudsman Services Annual Report 2009)

Q. Lord Tim Clement Jones, why is this report no longer on the company's website?

Q. Lord Tim Clement Jones, is it because it states in black and white that an ombudsman is not to be from the profession or service about which complaints are and yet yours is?

Q. Lord Tim Clement Jones, is this not an irreconcilable conflict of interest?

This unacceptable arrangement clearly contravenes the European Directive (EU/11/2013) where at 32) it stresses that,

""the independence and integrity of ADR entities is crucial to gain citizens' trust that ADR mechanisms ill offer them a fair and independent outcome. The natural person or collegial body in charge of ADR should be independent of all those who might have an interest in the outcome and should have no conflict of interest which could impede him or it from reaching a decision in a fair, impartial and independent manner." 

Q. Lord Tim Clement Jones, how can consumers trust Ombudsman Services:Property to be both, "fair" and "independent" when its Ombudsman belongs to the profession to which complaints are being made?

Q. Lord Tim Clement Jones, the Ombudsman is not independent of his colleagues - surveyors who stand to lose £25K. Is this not an obvious and wholly unacceptable conflict of interest?

Q. Lord Tim Clement Jones, the present Ombudsman has taken average financial awards from £900 to 50 quid. (there once were £1,511.75p) Why do you no longer ask property complainants if they are satisfied with their customer journey?

The 2009 Annual Report goes on to say,

"SOS (subsequently rebranded as OS:Property) is a member of the British and Irish Ombudsman Association (BIOA) (now rebranded as the OA). In order to enjoy full membership we have shown that we meet the published criteria for recognition attached to the BIOS's rules, which are essentially independence of the ombudsman from those whom the Ombudsman has the power to investigate, effectiveness, fairness and public accountability."

Q. Mr Clark, your department has a close and continuing relationship with this private company, aren't the rules immediately broken by having an Ombudsman who is a member of RICS sitting in judgement on complaints brought about his colleagues by members of the public?

Q. Mr Clark, is a 50 quid financial award fair and proportionate?

Q. Mr Clark, is a 50 quid financial award an effective resolution of a complex and costly property dispute?

One of the BIOA/OA's rules was for its members to have a whistleblowing policy. Ombudsman Services:Property does not have one.

Q. Mr Clark, surely that precluded OS:Property from being a member of the BIOA/OA?

Q. Lord Tim Clement Jones, why doesn't an organisation that professes to handle consumer disputes', "fairly" and "independently" have something as basic as a whistleblowing policy?

We believe that the cavalier approach adopted by this company to Rules and Terms of Reference has carried over to the way in which it, "investigates" property complaints.

Yours sincerely,

Steve Gilbert - Workstock Number - 510458.

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