Who they are and what they do: The Rail Ombudsman
A long form article explaining the Rail Ombudsman, how it helps consumers and where it fits in the rail industry.
The Rail Ombudsman opened its doors on 26 November 2018, offering a free-to-consumers, expert, alternative dispute resolution service to help review unresolved customer complaints about rail service providers within the rail industry.
They deliver their service independently to ensure a fair outcome in every case. They also support the rail industry to raise standards.
Like other Ombudsman schemes, the Rail Ombudsman gives both parties the opportunity to settle their deadlocked disputes without the need to go to court. They will always try to resolve the dispute informally, but if this isn’t possible, they have been granted the power to make a decision that is legally binding upon the rail service provider.
They can also make recommendations to the rail service providers to improve their service, and publish case studies and data to help them to understand what they could do to raise standards.
One-stop shop
The rail industry can be complicated for consumers to navigate, with several key players and stakeholders. It was thought that a ‘one-stop shop’ for consumers to take their complaints to would simplify matters and make it easier to access fair remedies.
Consumers can take any complaint to the Rail Ombudsman, and these are included in their feedback to the industry. The Ombudsman operates within a defined scope and if they’re not able to look at a particular dispute, they inform the consumer and signpost them where to go next. They can transfer their claim to one of the consumer watchdogs, for example, Transport Focus or London TravelWatch. Or, if the claim might be better suited to the courts or other channels, they’ll tell the consumer and explain the process.
What consumers can expect from the Rail Ombudsman
- Case received. Once a case is received, the consumer is given a unique reference number and access to the case management system to keep updated with the progress of their claim.
- Review. The Ombudsman looks at the details the consumer provided to make sure that it’s something they can help with. If not, they will signpost the complaint to the most appropriate organisation.
- Response. If they can take on the dispute, the next step is to request a formal response from the rail service provider. The complaint is assigned to an Ombudsman, who contacts both parties to introduce themselves and explain what happens next.
- Investigation. They assess and weigh up the evidence provided, taking into consideration the rights and obligations set out in law and what is fair, reasonable and practical. They might need to request further information or evidence from both parties.
- Mediation. They always try to bring the parties closer together and where possible, close the case with an agreed resolution.
- Adjudication. If the parties still don’t agree, they make an independent decision on the case, based on the evidence and information provided.
- Closure. Once the decision is made, the case is closed. The consumer has 20 days to decide whether to accept it or not and the decision is binding upon the rail service provider if it is accepted. If the consumer doesn’t want to accept the final outcome, they’re not bound by it and can think about other forums, for example, the courts.
All cases are looked at on their own merits and the evidence provided. In all cases, the parties can expect the Rail Ombudsman to:
- Listen. As an evidence-gathering service that is predominantly telephone led, the first thing they do is to allow the parties to have their say. By listening to both, grievances can be aired and everyone is better placed to come back together to discuss options to resolve the matter amicably.
- Be independent. As neither a trade body or a consumer advocate, they are able to take a neutral position and assess the information both parties provide.
- Be accessible. Their service is simple and easy to use, whatever the needs of the parties. They’ve taken steps to make sure anyone can contact them and let them know their communication preferences. Their team is friendly, professional and approachable.
- Be consistent. Whilst their decisions don’t set precedents, the legally trained Ombudsman team make consistent and fair decisions based upon the facts before them and the consumer’s legal entitlement, always underpinned by fairness and natural justice.
- Be fair. They listen to both sides and come to a fair resolution, which in some instances might be something neither party had considered before.
Who’s who in the rail industry
The Department for Transport is the government department responsible for the transport network. Its key responsibilities are “setting the strategic direction for the rail industry in England and Wales — funding investment in infrastructure through Network Rail, awarding and managing rail franchises, and regulating rail fares.’’
The Office of Rail and Road (ORR) is the independent safety and economic regulator for Britain’s railways, regulating the rail industry’s health and safety performance and ensuring that it is competitive and fair. The ORR holds Network Rail to account, grants licences and imposes licence conditions which train operators have to meet. An example of this is the Disabled people’s protection policy (DPPPs), setting out the arrangements and help that an operator will provide to protect the interests of disabled people using its services. All train operators must establish and follow an ORR-approved policy that meets these requirements.
The Rail Delivery Group is the body that brings together the companies that run the railways into a single team, with the aim of delivering a better service for everyone.
Transport Focus and London TravelWatch are independent watchdogs, with a statutory remit to get the best deal for passengers and influence policy.
The Rail Ombudsman works with these organisations to ensure consumers can access the rail industry for the purposes of having their disputes heard in an independent forum. Complaints data, reported to industry by the Ombudsman, helps raise the standards of service to passengers.
What the Rail Ombudsman can help with
Consumer rights
The responsibilities of train operating companies and passengers on the National Rail railway network in Great Britain are set out in the National Rail Conditions of Travel. Train operating companies explain how they meet these requirements in their Passenger Charters. Compensation for delay might be payable under the company’s Passenger Charter or a Delay Repay (DR) scheme. As well as these specific compensation rules, general consumer protection provisions might apply if the passenger is a consumer, as opposed to a business traveller.
Charter compensation: Standard rates of compensation for delays or cancellations under the National Rail Conditions of Travel. Compensation is payable for a delay of 60 minutes or more where the delay is within the control of the rail industry.
Compensation schemes: Lots of train operating companies run a Delay Repay scheme (DR), where compensation is paid whatever the cause of the delay. DR15 compensates passengers for a delay of 15–29 minutes, while passengers are eligible for DR30 when they’re delayed by 30 minutes or longer.
Consumer Rights Act 2015 (CRA 2015): Consumers have rights when there’s been a problem with a service, for example, a train journey. Passengers can ask for the service to be repeated or receive some money back, including for costs they had to pay because of the delay or cancellation — for example, a taxi fare because the buses had stopped by the time the train arrived at its destination.
The advantage of the compensation schemes is that they’re ‘no fault’ remedies that are set to become increasingly more accessible as technology advances automated payments. The application of CRA 2015 to rail travel means that consumers can claim damages, including out-of-pocket expenses, as a right as opposed to a discretion.
The outcome of a claim brought to The Rail Ombudsman might vary, because it’ll depend on the circumstances of each case and might be agreed between the parties at mediation. Decisions taken by the Rail Ombudsman at adjudication might include a refund, discount or an award, including out-of-pocket losses or compensation for time and trouble. The decision might ask that the rail service provider gives an explanation, an apology or a gesture of goodwill, which could be complementary travel or a gift.
For more information about how the Rail Ombudsman can help consumers, get in touch with them:
Telephone: 0330 094 0362
Textphone: 0330 094 0363
Email: info@railombudsman.org
Twitter: @RailOmbudsman
By Post: FREEPOST — RAIL OMBUDSMAN
Or visit their website: www.railombudsman.org
Kate Hobson is a Consumer Expert in the Expert Advice Team at Citizens Advice.
