Source · Select Committees · Public Accounts Committee
Recommendation 12
12
Rejected
Ofcom needs to manage public expectations and develop a feedback loop for individual complaints.
Conclusion
In other areas of Ofcom’s regulation, such as broadcasting, Ofcom can take action over complaints about individual programmes. We asked Ofcom how it will manage public expectation, including the risk of disappointment that people cannot complain to Ofcom about individual pieces of online content and the risk of frustration people might feel if they cannot see action being taken. Ofcom told us that it will be transparent about its work, including, where appropriate, publishing updates on compliance and enforcement action.19 Ofcom has also developed a communications strategy for managing people’s expectations and addressing misunderstandings about its roles.20 However, Ofcom stated that it did not currently have a system for relating action it subsequently took back to individual complaints from the public and did not think this would be straightforward to implement. Ofcom recognised the importance of a feedback loop to the public and said it would think about explaining how its work relates to public concerns.21 Monitoring and enforcing compliance
Government Response Summary
The government disagrees, stating that the Act does not empower Ofcom to adjudicate individual complaints, which should be directed to service providers. Ofcom will analyze complaint trends, and eligible entities can bring super-complaints. The Secretary of State may also impose a duty for alternative dispute resolution on Category 1 services.
Government Response
Rejected
HM Government
Rejected
2.1 The government disagrees with the Committee’s recommendation. 2.2 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. 2.3 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. 2.4 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. 2.5 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.