Response to call for Inputs to inform Ofcom’s review of Alternative Dispute Resolution (ADR) procedures established under the Communications Act 2003

Thank you for the opportunity to comment on the Ofcom Call for Inputs to inform the ADR review in the telecoms sector. In 2023 we accepted approximately 24,000 disputes about providers in the sector.

Q1: Do you agree with the areas we are planning to cover as part of this review? Are there additional areas we should take into account?

We agree with the areas that Ofcom is intending to cover as part of the review. Looking at access to ADR, the consumer experience of ADR, and Ofcom’s oversight makes sense. Within the consumer experience of the ADR process, we agree that it is right to assess whether the schemes are meeting the approval criteria of accessibility, independence, fairness, efficiency, transparency, effectiveness, accountability and non-discriminatory.

Q2: Do you have any comments on the issues raised in relation to these areas? Please provide any supporting evidence that you think we should take into account.

We believe that consumers should experience fair and consistent outcomes as well as a consistent standard of service, irrespective of the ADR provider, so it is important for the ADR schemes to be aligned as much as possible. It is important for Ofcom to consider differences between the two providers when comparing scheme data. In our process we communicate regularly with all parties throughout so we recommend that ADR providers work closely with businesses, regulators and other key stakeholders to identify systemic issues and use data to deliver valuable insight.

With regards to ADR access and consistency, we think it is worth considering the thresholds for who can use ADR, based on changes in other sectors. For example, in April 2019 the Financial Conduct Authority enabled the Financial Ombudsman Service to provide access to its services to businesses with up to 50 employees. Currently, both Ofgem and the Department for Energy Security and Net Zero are consulting on extending the remit of the Energy Ombudsman in a similar way.

Regarding Ofcom’s oversight, we agree that it makes sense to review the KPIs. We also believe there is an opportunity to review the quality of service and consumer satisfaction in addition to whether cases are completed within a certain amount of time

Q3: Do you consider there are additional sources of information we should consider when undertaking our assessment of these areas?

We think it is worth considering other sources of information from industry bodies who represent the interests of consumers and businesses regarding access to ADR such as Citizens Advice.