To the Leader of the House of Commons and The Business Secretary:
Ombudsman Services Part 4: The Full English Cover-Up. Attempt 27.
27) Ombudsman Services: "It Simply Isn't Cricket Old Boy."
Dear Mrs Leadsom and Mr Clark,
The team captain made a tearful, heartfelt apology saying he was, "deeply sorry." The other two culprits made their mea culpas before all three went into internal exile. Careers and fortunes lay in tatters. Amazingly, they'd somehow managed to convince themselves that in front of the cameras and eyes of the cricketing world, they could get away with taking the shine off a cricket ball by rubbing sandpaper over it.
It was a decision arrived at in an illogical manner.
According to the now deleted DJS Research's Customer Satisfaction Reports and company Minutes the shine came off Ombudsman Services' superb model of ADR shortly after it left the drawing board. They've been bowling consumers googlies, beamers and Chinamen ever since.
For example:
1) "Our Terms of Reference preclude any Ombudsman from being a surveyor, decisions are taken by a lay person whose expertise is in dispute resolution..."
(2009 Annual Report).
- Despite that rule the present Property Ombudsman is a member of RICS.
2) "The Ombudsman is a lay person whose expertise is in dispute resolution not in the profession or service about which complaints are."
(2009 Annual Report)
- 6.19) Dissatisfaction with the overall level of service is perhaps informed by the great lack of satisfaction with the perceived attempt to which the Ombudsman attempted to resolve a dispute through mediation and negotiation 48% very dissatisfied. (DJS Research Customer Satisfaction Report: Second Year)
- So much for the Property Ombudsman's, "expertise."
3) "RICS provides funding for the operational work of SOS (now re-branded as OS:Property) but the Ombudsman is completely independent from RICS."
- Steven Gould, Director of Professional Regulation RICS, was a Board Member and RICS have a Memorandum of Understanding with their appointed company, Ombudsman Services:Property - "RICS and OS:P will work together
...to meet the agreed aims of ensuring that:
- there is regular communication to foster the effective resolution of complaints by OS.P."
- That's "independence?" And how is having an Ombudsman who fails to mediate and negotiate, "effective?"
4) "PROVISION OF INFORMATION TO RICS ABOUT COMPLAINTS, OSP: will also provide RICS with management and performance data about the operation of OS:P as may reasonably be required."
- That's "independence?" And how is having an Ombudsman who fails to mediate and negotiate, "reasonable"
5) Minutes for 15 December 2009:
5.8 "The Chief Executive noted that there had been some concern over the apparent increases in the level of recent awards."
- The Property Ombudsman duly reduced the level of financial awards, in her terms, " significantly." They went from £1.511.75p in 2009 to £950 in 2010. Today they stand at £50. Clearly, RICS regard this as being, "effective" otherwise they would have listened to, and acted upon DJS Research's recommendations to raise them in line with the financial loss they'd incurred. They didn't.
6) Gillian Fleming. Property Ombudsman, "In reviewing the last year, even though the average financial award is significantly less, the range of award has not changed." (Annual Property report 2010-11)
- Publishing annually a range of financial awards was a requirement of OFT - Governmental - approval. That ceased when DJS Research lost the contract to produce customer satisfaction reports. There has been no explanation for this breach of the OFT criteria. Rules don't seem to apply at Ombudsman Services.
Gillian Fleming, Property Ombudsman, "These awards together with any recommendations, demonstrate how our service makes a difference."
- It most certainly does, RICS surveyors get off virtually scot-free whilst their clients are left attempting to come to terms with the difference the Property Ombudsman has made to their lives.
- DJS Research say, "The nature of SOS (now OS:Property) means that problems may have led to significant financial loss for complainants ... it was the scale of the financial goodwill that went against them... this should be looked at."
- It was. It now stands at £50.
7) "The complexity of property complaints has continued to be a challenge and something that OS:P has addressed by developing expertise across the business and introducing a new approach to reports." (Gillian Fleming Annual Report 2011-12)
The CEO and Chief Ombudsman, Rev Shand Smith, announced that, "Our decisions are our product."
- DJS Research: 61% felt the outcome was against them, 64% went to further representation, 83% had submitted further evidence, 61% felt the investigator had not understood the nature of their complaint, 47% felt there were errors in the report. The majority disagreed that the ombudsman had helped sort out the problem.
- Investigating officers were led by an Ombudsman would did not understand the complexity of property disputes yet managed to find in favour of their fee-paying Members and reduce financial awards, "significantly."
- It's certainly a good product for the Rev Shand Smith's fee-paying Members.
8) DJS Research, "To be effective the SOS (now rebranded as OS:Property) must be seen as an impartial arbitrator between parties - currently this does not seem to be the consensus of opinion." (DJS Research)
- DJS Research were suddenly replaced and there was a remarkable turnaround at the company. A miracle happened. The new researchers were able to state,
"Our research approach has been designed to provide a more timely and flexible insight into the customer experience Ombudsman Services provides. March - April 2012: Verbatim comments showed largely positive findings with strong levels of satisfaction with enquiry handling and high levels of advocacy of Ombudsman Services. Results were consistent by sector."
- In the space of twelve amazing months the customer experience went from widespread dissatisfaction to blissful happiness and serenity. A truly remarkable flexible insight indeed..
9) There was no mention of the maladministration at the company. Yet more flexibility.
10) Martin Lewis' Report for the All Party Parliamentary Group on Consumer Protection - Sharper Teeth: The Consumer Need For Ombudsman Reform found something that the new researchers had failed to spot: That 80%+ of property complainants thought that their customer experience - The Rev Shand Smith's, "Product" - sucked.
The contrast between the Aussie cricketers and their thirty seconds of madness and Ombudsman Services and their 10 year regime of, "broken solutions" could not be greater.
There has been no apology, tearful or otherwise, either from the Chair, Lord Tim Clement Jones or The CEO and Chief Ombudsman, The Rev Shand Smith,. Neither has offered their resignation or been forced to resign and the pay cheques and bonuses still keep coming.
Good For Business. Bad For Consumers, Justice and Democracy.
It simply isn't cricket old boy.
Yours sincerely,
Steve Gilbert - Workstock Number - 510458.