Schedule 5 – The Waterways Ombudsman Oct 23 – Nov 24
Information to be included an ADR entity’s annual activity report
-
the number of domestic disputes the ADR entity has received;
NOTE: all enquiries recorded as “disputes”
- No. enquiries received (domestic): 64
- No. enquiries received (cross-border): 0
- No. disputes received (domestic): 64
- No. disputes received (cross-border): 0
- No. disputes accepted (continued to case) (domestic): 8
- No. disputes accepted (continued to case) (cross-border): 0
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the types of complaints to which the domestic disputes and cross-border disputes relate;
Types of disputes:
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Users of waterways: licenses, fees, maintenance of locks/towpaths/boater facilities/water levels, anti-social behaviour, rubbish and waste clearance
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Neighbours: mooring rights, boaters’ conduct, parking, maintenance of vegetation/towpaths/bridges, water leaks, damage to boundaries, behaviour of boaters/public
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a description of any systematic or significant problems that occur frequently and lead to disputes between consumers and traders of which the ADR entity has become aware due to its operations as an ADR entity;
There have been no systematic problems identified within the year from any trend in complaints at Ombudsman level. One member Trust is aware of a general decline in customer satisfaction survey outcomes for which it is developing a strategy and is keeping the Ombudsman informed. It has also identified a concern of a rise in its own complaints handling in incidence of anti-social behaviour.
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any recommendations the ADR entity may have as to how the problems referred to in paragraph (c) could be avoided or resolved in future, in order to raise traders’ standards and to facilitate the exchange of information and best practices;
The member Trust is devising a strategic plan to address these issues and intends to involve the Ombudsman in its work.
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the number of disputes which the ADR entity has refused to deal with, and the percentage share of the grounds set in paragraph 13 of Schedule 3 on which the ADR entity has declined to consider such disputes;
Total no. of disputes rejected |
59 |
Reason |
No. rejected |
Percentage of rejected |
a) the consumer has not attempted to contact the trader first |
40 |
68% |
b) the dispute was frivolous or vexatious |
0 |
0|% |
c) the dispute had been previously considered by another ADR body or the court |
0 |
0% |
d) the value fell below the monetary value |
0 |
0% |
e) the consumer did not submit the disputes within the time period specified |
0 |
0% |
f) dealing with the dispute would have impaired the operation of the ADR body |
0 |
0% |
g) other (enquired too early, not yet complained to trader, trader not member, advice call etc… - Not relating to member - Outside of scope of scheme - Resolved informally |
9 7 3 |
15% 12% 5% |
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the percentage of alternative dispute resolution procedures which were discontinued for operational reasons and, if known, the reasons for discontinuation;
No. discontinued |
Percentage of discontinued |
|
Discontinued for operational reasons |
0 |
0 |
Reasons for discontinuation:
-
the average time taken to resolve domestic disputes and cross-border disputes;
Domestic |
Cross-border |
|
Average time taken to resolve disputes (from receipt of complaint) |
215 |
0 |
Average time taken to resolve disputes (from ‘complete complaint file’) |
70 |
0 |
-
the rate of compliance, if known, with the outcomes the alternative dispute resolution procedures (amongst your members, or those you provide ADR for) 100%
(i) This point has been removed in amendments on 1 January 2021
The data provided for time to resolve disputes is for cases concluded within the reporting year, but often received in the previous period. The time shown is from first contact with the service user and then from the point where the ombudsman has all of the information required. It is often the case that the initial contact has developed into a complaint over a period of time and that the gathering of information to allow investigation includes time for the complainant to provide information and for ongoing negotiation to proceed. Files from member Trusts are received very quickly after requests are made and Ombudsman investigations, once initiated, typically complete within 40-70 days.