https://www.railombudsman.orgAfter what seems like much delay since the idea was first raised in mid 2015, following consultation in the transport sector on the Consumer Rights Act, a Rail Ombudsman service finally starts today. A private members bill was put before Parliament in December 2016. Parliament decided against legislation and asked the Rail Delivery Group to set up a service. The go-ahead was given in February 2018, and a service provider appointed in July 2018.
I suppose a long delay in introducing the scheme was to be expected. This is the rail industry after all.
It's worth noting here also that the Consumer Rights Act 2015 transport sector consultation also proposed compensation for delays of 15 minutes or more across the rail sector. That still hasn't been achieved, with only a handful of
TOCs▸ currently offering it. And of course there is still one major TOC that hasn't even introduced the supposed industry standard Delay Repay, despite it being a proviso of their franchise agreement of March 2015. That being our very own
GWR▸ . The agreement spoke of "good faith" and "intention" to introduce Delay Repay on GWR by September 2017. And yet it's still not implemented.
Back to the Ombudsman. From the
Guardian:
New ombudsman gives rail commuters a fast track for complaints
Regulator criticised for not tackling issues such as rising fares or complicated tariffs
Figures show fewer than half of the rail passengers who complained last year were satisfied with the response, but only 1.1% moved to an appeal process. Passengers dissatisfied with how train companies handle complaints can now appeal to an independent arbiter, as a new rail ombudsman service comes into force today. The ombudsman will have binding powers over train firms should it uphold a customer complaint.
But the service has been criticised by Labour as toothless and unable to tackle important issues facing passengers such as rocketing fares and complicated pricing tariffs that vary from one operator to another.
The ombudsman will focus on providing a free service to passengers objecting to an operator’s response, or if a complaint has not been resolved within 40 days. Train companies both fund the ombudsman and have agreed to abide by its rulings. The Rail Delivery Group, which represents train operators, said it showed the industry was trying to “uphold the highest standards” in its complaints processes which have come under criticism from consumer groups. According to data from the Office of Rail and Road, fewer than half of rail passengers who complained last year felt their issues received an adequate response, although only 1.1% of complaints ended up in an appeal process.
The ombudsman will deal primarily with disputes about delayed trains and passenger compensation.
More than £80m was paid out in 2017-18 to passengers for delays – a figure that is likely to have escalated significantly following the timetable chaos in May this year, which saw thousands of services cancelled and severely delayed. But a Department for Transport study published last month found that only 39% of eligible passengers claimed compensation for delays, with most of the rest saying it was not worth the time and effort.
Andrew Jones, the new rail minister, said: “This is a significant step forward for passengers’ rights. This independent ombudsman will make sure passengers are heard and that they get a fair deal when train companies fall short. Rail firms must take this opportunity to improve their complaints process and to increase customer satisfaction.”
Labour however gave a muted welcome. Andy McDonald, the shadow transport secretary, said: “With over 50m products, the UK▸ rail fare system is probably one of the most complex in the world. Passengers urgently need simpler and more affordable fares. The rail ombudsman’s voluntary code and limited powers will do little to address these problems.”
The service will be provided by a private company, the Dispute Resolution Ombudsman, which has so far concentrated on consumer disputes in the furniture and removals sector.
Anthony Smith, the chief executive of the passenger watchdog Transport Focus, said the service was “a welcome step forward for rail passengers” that would improve complaints handling. He added: “We will continue to deal with many issues raised by passengers that fall outside the remit of this scheme and we will monitor closely the way the ombudsman operates to make sure it really works for passengers.”
Alex Hayman of the consumer group Which?, which has highlighted problems with the process, said the launch of the ombudsman was “a positive step for passengers, who have felt for too long like their complaints are not being taken seriously”.
I remain to be convinced that an Ombudsman set up and funded by the rail industry's own talking shop, the Rail Delivery Group, and provided by a body with no experience in the transport sector, will be much of an improvement in dealing with passenger complaints. I hope I'm wrong but this service should have been backed by legislation. There will be no oversight or teeth, as the train operators won't face any legal consequences for failing to meet Ombudsman decisions. There is no explanation I can find on the Rail Ombudsman website that explains what 'binding' means, nor any details of what censure TOCs face if they fail to adhere to the Ombudsman's decisions or timescales.
I don't doubt that the people appointed to run the service are well versed in dealing with consumer complaints, I just have concerns about how those decisions will be enforced if they favour the consumer.
I also hope the long delay in implementating the service has allowed for sufficient training in the intracacies of the operator/passenger relationship, the byzantine fares system (will routine overcharging be addressed for example?) and I hope the Ombudsman can drive up customer service standards across the industry. If it only focuses on getting passengers delay compensation that has been refused then I'm doubtful it will achieve much.
https://www.railombudsman.org
