Ombudsman Scheme- Protection for Customers
General information leaflet
General information leaflet
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Benefits of Using An Ombudsman Scheme Member
The QAA is a founder member of The QA Ombudsman Scheme and therefore all QAA members are bound by the decisions of The QA Ombudsman.
The Ombudsman Scheme was established because of a need in the commercial business sector for an independent body to handle complaints about businesses which may not be covered by some other regulating body or Ombudsman Scheme.
The Ombudsman Scheme provides both a means of redress for justified complaints, together with some limited protection to organisations within the Scheme who may suffer from 'professional complainers'. As a direct result of member organisations having set higher standards compared to those of their competitors, they can gain enhanced public image and improved levels of customer confidence and satisfaction.
'How to complain' leaflet
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Members of the QAA sign The Quality Assurance Charter on application for membership of the scheme. This is a legally binding document stating that in the event of a dispute or complaint, the member will agree to abide by any decisions made.
These decisions are also enforceable in the same way as a judgement of the courts. This scheme therefore provides protection for all parties involved in a dispute without recourse to potentially expensive, time consuming litigation.
What is an Ombudsman?
An Ombudsman is someone to whom you can address a complaint about an organisation or body if you feel you have been dealt with unfairly or have suffered some financial or other loss you would like investigated. There are over 20 Ombudsman schemes currently operating in the UK.
What sort of things can The QA Ombudsman Investigate?
The QA Ombudsman can investigate a complaint only if:
- The complaint is against one of the Member Organisations or one of its constituent members.
- The complaint is about something which happened during the period of membership.
- The complaint relates to a member which operates in England, Wales, Scotland and Northern Ireland. The Ombudsman Scheme does not cover the Channel Islands, Isle of Man or foreign countries.
The QA Ombudsman will consider a complaint if the complainant believes they have been treated unfairly, the service received is unacceptable or a situation has led to distress, inconvenience or financial disadvantage.
What is there that the QA Ombudsman cannot or may not do?
The QA Ombudsman has no power to investigate something which is being, or has been, decided by some other Tribunal or Court. In some situations, the Ombudsman's powers to investigate are limited. An example of this is:-
- When another Ombudsman has statutory control and regulation of the subject matter of the complaint.
- When the complaint involves an allegation of fraud which must be investigated by police as a criminal activity.
Avenues of mediation and conciliation (non-legally binding) would be thoroughly explored initially to try and reach a mutually agreeable negotiated settlement between both parties in the dispute. Should this prove fruitless, the Ombudsman can investigate further, and if necessary provide a determination and/or award by arbitration which is legally binding on both parties, and enforceable in the same manner as a judgement of the court.
Who is the Quality Assurance Ombudsman?
The QA Ombudsman is: Dr Ronald Barham. LLM, PHD, FCIArb. A freeman of the City of London, and experienced arbitrator who also sits as Chairman of a statutory Tribunal. He was formerly in practice as a chartered surveyor and consulting engineer. He has experience as a consultant to, and director of, several industrial and commercial concerns. He is also a member of the arbitration panels of several professional and governmental bodies, in many cases dealing with claims of breach of contract or of professional negligence.
He has also been involved in various professional and government sponsored scheme for the provision of support to small businesses. He thus has a full understanding of the needs and problems of both client and provider. The QA Ombudsman is totally independent of the members of the Scheme and has full autonomy to provide a dispute resolution service. You may contact the QA Ombudsman directly at:
QA Ombudsman Chambers
Manchester Legal Centre
3rd Floor
64 Bridge Street
Manchester
M3 3BN
Tel: 0870 901 5581
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