Source · Select Committees · Public Accounts Committee
Recommendation 2
2
Rejected
Develop mechanisms to provide direct feedback to complainants on their impact on Ofcom actions.
Conclusion
The public may be disappointed with the new regime if people cannot quickly see improvements to their online experience or understand how their complaints are acted on. As the regulatory regime will not be fully implemented until 2026, there is a risk that public confidence in the regime will be undermined if it does not quickly bring about tangible changes to people’s online experience. A key mechanism for instilling confidence would be if people could see that their complaints were acted on. Individuals must complain in the first instance to service providers. Ofcom will set out how it expects service providers to handle complaints, including communicating effectively with the user, but it has no powers to require providers to act on the complaints. Individuals can then complain to Ofcom if they remain concerned. Ofcom has set up a contact centre to receive such complaints, but it is not able to act on them individually. Instead, Ofcom will review complaints alongside its normal monitoring data to decide if it needs to take further action where there are systemic concerns about a service provider. Where Ofcom does act, it does not currently have a mechanism for feeding back directly to individuals on what impact their complaint has had. Recommendation 2: Ofcom needs to develop mechanisms to provide feedback to complainants, particularly where this has contributed to Ofcom taking action against a service provider.
Government Response Summary
The government rejects the recommendation, stating that Ofcom is not empowered to adjudicate individual complaints and these should be directed to service providers. Ofcom will analyze complaints for trends and its enforcement decisions will note where they were informed by user complaints.
Government Response
Rejected
HM Government
Rejected
The government disagrees with the Committee’s recommendation. Ofcom agrees it is important for users to see improvements to their online experiences. Regulated services will be required to operate easy-to-use, accessible and transparent complaints procedures; Ofcom holds enforcement powers to bring them into compliance. The Act does not empower Ofcom to adjudicate on individual complaints; these should be directed to the provider itself, which is best placed to resolve issues. Ofcom recognises the importance of gathering information about users’ experiences. Ofcom’s online form allows users to report where they feel a service provider has failed to properly address their concerns. Ofcom will analyse complaints for trends that may require further action such as additional research, engagement with services, or consumer campaigns. Ofcom’s enforcement decisions will usually note where they have been informed by user complaints. User complaints to Ofcom will be acknowledged and they will be directed to sources of support. Eligible entities representing the interests of users and members of the public will be able to bring super-complaints to Ofcom about concerns that services’ features or conduct present a risk of harm to users. The government will specify, in regulations, criteria for eligible entities, and Ofcom will issue guidance on how it will handle super-complaints. The Act requires Ofcom to undertake a report on services’ reporting and complaints procedures. Following this, the Secretary of State may impose, through regulations, a duty on Category 1 services to arrange and engage in an impartial, out-of-court, alternative dispute resolution procedure.