Degraded Ombudsman Scheme favours CaRT
IN THE narrowboatworld article (Strange outcomes) it was mentioned that Canal & River Trust Chief Executive, Richard Parry had been asked to give his personal assurance that the Waterways Ombudsman Scheme would not be changed to such that ‘awards' made to complainants would no longer be binding on the Trust, writes Allan Richards.
The request was made on 5th May 2015 but has received no reply. Now we know why!
New rules
Under the pretext of amending the rules of the Waterways Ombudsman Scheme to provide Alternate Dispute Resolution (ADR), major changes have been made to disadvantage users of the scheme.
The new ‘Rules of the Ombudsman Scheme' is dated 6th May, and making ‘awards' non binding on the Trust is just one of the ways in which it seeks to disadvantage users of the scheme. However, whilst the new rules are dated just one day after the chief executive was asked to give an assurance, publication has been delayed by two weeks.
Alternate Dispute Resolution
The Ombudsman's website states:
‘The rules of the Ombudsman scheme were adopted by British Waterways in 2005. In June 2012 the Trustees of the Canal & River Trust resolved to adopt, temporarily, British Waterways' scheme with minor amendments. In April 2015 the Rules were amended to ensure that the Scheme complies with the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (SI No. 542)'.
It has to be pointed out that compliance with the new regulations is not mandatory, other major changes don't receive a mention and details of the previous rules have been removed such that it is impossible for interested parties to identify what has been changed.
.... unless, of course, you have made personal copies of the information before it was removed!
Major changes
The following major changes have been found:
Ombudsman appointment increased to five years and other small changes for ADR compliance.
Composition of the schemes committee changed such that users of the scheme are no longer represented.
Awards no longer binding on the Trust (see Strange outcomes)
Decisions no longer binding on the Trust (see Strange outcomes)
Waterways Ombudsman Committee can now alter rules of the scheme (before, it was a matter for CaRT's Trustees).
More discretion for refusal to investigate complaints.
Minutes
The new rules were published together with the minutes of a meeting of Waterways Ombudsman's committee. The minutes record a Trustee and senior CaRT manager, together with three new committee members appointed by CaRT's Head of Governance, Roger Hanbury, deciding that the Waterways Ombudsman Committee would function better without ‘user' members to protect the interests of those using the scheme.
Concerns
However, it appears that the Trust is having problems registering the new scheme because of concerns expressed by the Ombudsman Association regarding lack of user involvement...
The Waterways Ombudsman Committee which manages the supposedly arm's length and independent Waterways Ombudsman scheme is last recorded to have met in May 2011, four years ago.
CaRT are still unable to produce any evidence that the current Waterways Ombudsman was properly appointed according to the rules adopted by their Trustees.