Ombudsman approval and regulation
The following investigations and reports examine concerns around ADR approval, ombudsman oversight and complaint handling standards.
Alternative Dispute Providers and Ombudsmen
Ombudsmen are ADR providers but have to be members of the Ombudsman Association (OA). OA has higher standards that must be met than those for other ADR providers. ADR is useful for consumers to get issues resolved.
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However, there are a number of problems in the ADR sector regarding approval and oversight.
Below I bring together all my research and work on ADR.
Ombuds Research lists all the respected and recognised academic ombudsman related research from 2009 to 2018.
Timeline for posts and articles on explanation, research, investigation and news on ADR and Ombudsmen
The ADR Directive was delayed in 2015, marking the beginning of our investigations into failings in ADR approval, oversight and ombudsman standards. Since then, we have published reports, articles, media commentary and ongoing research examining consumer complaints, ombudsman regulation and concerns across the ADR sector.
9 July 2015. ADR and Ombudsman investigations and failures explained This article explains the ADR Directive and delay in implementing it.
07 August 2015. I discussed the new ADR directive on You and Yours. I covered the predicted issues that did indeed arise, not least the confusion for consumers. I regularly appear in the media discussing consumer rights, complaints and ombudsman issues. More media appearances can be found on the media page.
Ombudsman Omnishambles discussed on You and Yours Radio 4
17 August 2015. Alternative Dispute Resolution: What it all means describing the different areas of ADR.
ADR and investigation into approval and oversight
The posts below track key developments, concerns, reports and commentary relating to ADR schemes, ombudsmen and regulation since the delayed introduction of the ADR Directive in 2015. They include investigations and analysis of complaint handling, standards and consumer protection across the sector.
26 June 2016. Ombudsman Omnishambles: New report exposes serious failings in ombudsman approval and oversight.
Since 1 October 2015 a new privatised system of ombudsmen was made available for consumer complaints in areas such as retail and aviation.
Consumers expect an ombudsman to be independent, open, transparent and to abide by the rules of its trade body.
However the report by Marcus Williamson and myself showed otherwise.
20 October 2016. Ombudsman chaos continues – Even on Conflict Resolution Day. This outlines the lack of public knowledge and understanding of ADR. It outlines the chaos in the sector as providers are not approved and monitored appropriately.
02 November 2016. Ongoing Ombudsman Omnishambles – failures in ADR. The article details more issues and what needs to be done about the monitoring and approval of ADR providers.
The Retail Ombudsman loses right to use Ombudsman title
The Retail Ombudsman lost the right to use the respected title of “Ombudsman” following concerns about standards and oversight. The private company had been set up in 2015 to provide consumer dispute resolution services. This article explains the background, the issues involved and why the title was removed.
06 July 2017. The Retail Ombudsman is no more as title is lost The private company was set up in 2015 to provide dispute resolution for consumers. It lost the right to use the respected title of “Ombudsman”. This article explains why the title was lost.
More failures in ADR
The following articles examine continuing concerns around ADR schemes, ombudsman oversight, aviation complaints and regulatory failures. They include commentary, investigations, reports and media coverage highlighting the impact on both consumers and businesses.
01 November 2017. Rail Ombudsman is finally coming down the tracks – consultation closing soon. This new scheme was given little to no media coverage and this article outlines the importance of the new ombudsman.
28 February 2018. Government & regulators continue to fail consumers. This article outlined the follow up report “More Ombudsman Omnishambles – 20 months on“. This was a follow up to Ombudsman Omnishambles detailed above.
23 April 2018. Landing in court with Ryanair (what you need to know!) This article covers the issues with CAA and ADR and Ryanair. It covers the legal action and how consumers can give reasons for not using AviationADR prior to going to court.
05 August 2018. Got the Ryanair blues? This is how to claim compensation. This is my article for The Financial Times regarding claiming refunds from Ryanair. It also refers to the Which? article criticising AviationADR.
15 November 2018. Presentation on ADR at the Westminster Business Forum. I outlined concerns around monitoring and oversight within the sector, including the risks for both businesses and consumers if unsuitable providers are allowed to continue.
I regularly speak on consumer rights, complaints, customer service and ADR issues. More information about speaking engagements and events can be found on the speaking page.
How approval bodies are failing to properly approve and monitor Alternative Dispute Resolution -
25 November 2018. 5 Ombudsman myths busted. An article explaining common consumer, (and sometimes those who work in the consumer space!) misconceptions regarding ADR.
30 January 2020. Ombudsman systems needs urgent shake-up says APPG. MoneySavingExpert.com (MSE) funded an APPG Inquiry. The report built on much research into the Alternative Dispute Resolution sector. It made several recommendations previously called for by MSE, Citizens Advice Bureau and consumer campaigners Marcus Williamson of CEOemail.com and myself.
CAA and ADR failures
31 July 2020. Civil Aviation Authority (CAA) gets new Chairman. This article is a criticism of the decision to recruit a Chairman with no experience in customer-facing environments, no experience in the commercial aviation sector and no background in consumer law. This was in the middle of a pandemic where consumers were being failed by airlines.
07 October 2020. International Ombuds Day – what does the Ombudsman do? – Explanation of an Ombudsman.
07 October 2020 CAA launches consultation and tells no-one… – I break the story that the CAA launches a consultation and doesn’t tell stakeholders.
22 October 2020. Ryanair tops the CAA refund complaints figures. FOI response shows how poor Ryanair is and how CAA and ADR is failing consumers.
16 December 2020. The CMA steps in where the CAA fears to tread. This article describes how the CMA has stepped in to undertake the CAA’s work.
18 March 2021. Civil Aviation Authority consults on dispute resolution. The consultation responses where consumer groups call for a single ombudsman in the sector. There is much criticism of the CAA and the whole process.
22 August 2023 Who owns AviationADR? EasyJet and Ryanair complaints scheme denies Russian connection Which? investigation in CDRL’s (AviationADR is part of the company) finances.
Ex CTSI CEO reveals opinions on ADR
18 June 2021. Leon Livermore former CTSI CEO talks to Helen Dewdney Part 2. Leon Livermore was the CEO of the CTSI for almost 8 years, until March 2021.
The CTSI was heavily criticised in the OO and MOO reports. In this part of the interview we spoke about ADR. He agreed that the Ombudsman Association’s standards were higher than CTSI. He also agreed that there should be a fit and proper person test and that ADR should be mandatory.
See link for more and the Zoom interviews.
ADR consultations
30 September 2021. These are my responses to ADR: A Government consultation which provides ADR related details of the Government’s consumer paper for a consultation ending 1 October 2021. It was entitled Reforming Competition and Consumer Policy. ADR falls within the section of Consumer Law Enforcement.
31 January 2022. Passenger treatment to be fairer under Government proposals. Government launches consultation to changes to compensation, ADR and services for disabled passengers.
20 April 2022 Reforming competition and consumer policy: government response.
29 November 2023 OFCOM reviews ADR and seeks input from consumers
Further help with ADR
How Alternative Dispute Resolution can help with complaints.
Video for Your Money 31 July 2022
How Alternative Dispute Resolution can help with your complaint
Help with complaints
Get help with complaining effectively and making sure you are never fobbed off.
How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!
101 Habits of an Effective Complainer to help you become more skilled and assertive at complaining. (See Rob Rinder’s review amongst others!)
Purchase downloadable templates to gain redress.
