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Consumer FAQs

1. What is Ofcom’s role in relation to consumer complaints about products and services supplied by communications providers?

Ofcom doesn’t resolve individual consumer complaints.

However, it regulates communications providers’ complaints handling procedures. At the moment it does this by requiring that a communications provider has a Complaints Code of Practice that is approved by Ofcom and that it complies with that Complaints Code of Practice.

It regulates for Alternative Dispute Resolution (ADR) – this is where an independent third party makes a decision about a dispute if it can’t be resolved directly with a communications provider. It does this by requiring that communications providers are a member of an ADR scheme and by approving the ADR schemes.

2. Should my communications provider have a formal complaints process?

Ofcom requires that all communications providers have a Complaints Code of Practice that sets out their complaints process. This has to be approved by Ofcom.

3. How do I find details of their complaints process?

Ofcom requires that a communications provider’s Complaints Code of Practice must be easily accessible to customers. The Complaints Code of Practice should be published on the provider’s publicly accessible website where available. If not, it must be provided free of charge.

4. What is an ADR Scheme?

An ADR Scheme is a body that has been approved by Ofcom to provide ADR services. At the moment Ofcom has approved two ADR schemes – CISAS and Otelo.

5. At what stage can I take my complaint to the ADR scheme?

A residential or small business consumer can take a complaint to ADR twelve weeks after the complaint has first been made to the communications provider. A consumer can take the complaint to an ADR scheme earlier if the communications provider issues a “deadlock letter” because it considers that the complaint cannot be resolved without going to ADR.

6. Who is entitled to use the ADR scheme?

Residential consumers and businesses with 10 or less employees (who is not a communications provider).

7. What if I’m not happy with the decision made by the ADR scheme?

A consumer is not bound by a decision made an ADR Scheme and is still free to go to court or continue to deal directly with the communications provider about the complaint. (A communications provider is bound by a decision made by an ADR Scheme).

8. What should I do if I’m not happy with how the ADR Scheme has handled my complaint?

Each ADR Scheme has a process for reviewing complaints made about how it has handled a matter. Ofcom will not interfere in individual matters, however it will take a record of a complaint made against an ADR Scheme and take that into account when it conducts a review of its approval of the ADR Scheme.

9. How do I know which ADR scheme my communication provider is with?

Your communications provider should tell you. You can also check on the ADR Schemes’ websites:

Otelo - http://www.otelo.org.uk/

CISAS - http://www.cisas.org.uk/

10. Is there an obligation on a communications provider to issue a deadlock letter?

No. It is up to a communications provider whether they issue a deadlock letter.

11. What action can Ofcom take if a communications provider fails to comply with its regulation?

Ofcom may take action for a breach of its General Conditions.

12. Is Ofcom reviewing the way in which it regulates complaints and ADR?

Yes. Ofcom is currently undertaking a Review of Alternative Dispute Resolution and Complaints Handling Procedures. It has recently released a Consultation Document and is currently receiving submissions [insert link]. Some of the proposals that Ofcom is considering in its Review are:

reducing the waiting time to go to ADR from 8 to 12 weeks.
introducing a new single Ofcom Approved Complaints Code of Practice which sets out basic minimum standards for complaints handling procedures and which all communications have to comply with (instead of having their own Complaints Code of Practice).