Consumer Rights Act 2015 and Consumer Ombudsman Scheme

Kate Osamor Excerpts

Tuesday 11th February 2020 Westminster Hall

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kelly Tolhurst)]

It is a pleasure to serve under your chairmanship, Sir Roger. I congratulate the hon. Member for Linlithgow and East Falkirk (Martyn Day) on securing today’s important debate, and I thank the other hon. Members who have made interventions.

In this country we have a strong consumer rights framework, which gives most consumers the confidence to settle any disputes directly with businesses. And they do—around six out of 10 such disputes are resolved directly with the business concerned. However, this debate has rightly highlighted the real problems that some consumers have in enforcing their rights, and addressing that issue is my top priority as the Minister with responsibility for consumers.

No consumer, and in fact no business, would want to go to court to resolve a dispute; the experience of the hon. Member’s constituent, Mrs Johnston, illustrates what a daunting experience that can be. Indeed, many consumers lack the confidence or the capability to use the courts, so they may be forced to abandon legitimate complaints. That is not an acceptable outcome.

We know that many consumers would prefer to have different ways to settle their differences with businesses. Alternative dispute resolution schemes, such as the Financial Ombudsman Service, give consumers and businesses a quicker and cheaper way to resolve disputes than going to court.

Alternative dispute resolution takes different forms; it is a flexible tool, which makes it very suitable for such civil disputes. For example, it can involve mediation to help consumers and businesses to reach a solution that satisfies both sides.

[Kate Osamor (Edmonton) (Lab/Co-op)]

I am sure that the Minister will agree that we are all consumers, whether we are a member of the public or a Member of Parliament, and so I will quickly raise a case with her about my constituency office. We have a lease with Apogee and our rental agreement is for a photocopier, but that photocopier has not worked for two years. We have gone back and forth, but the photocopier is not fit for purpose. I have been trying to get out of the contract, but Apogee has said that I have to pay £28,000—of taxpayers’ money—to do so. Is the Minister available to meet me to discuss the matter further? It is part of the wider issue that we are discussing today.

[Kelly Tolhurst]

I am happy to meet the hon. Lady. Without knowing the specifics or the details, it is difficult to comment, but she mentioned contracts.

If parties cannot reach an agreement, alternative dispute resolution can also involve a final arbitration of the case that the business accepts as binding. Alternative dispute resolution has benefits for both parties, but I am concerned that tens of thousands of consumers still go to court to resolve disputes with business. I am also unhappy that many do so because the business refuses to participate in a cheaper, quicker and less adversarial alternative dispute resolution process. I want to make it easier and quicker for consumers to obtain redress across all sectors of the economy when things go wrong.

The Government consulted on the issue in the Green Paper “Modernising consumer markets” and launched a review of the consumer redress system. The review addresses in particular how Government can improve business take-up of the alternative dispute resolution, increase consumer awareness and raise quality standards. Consumers have a right to take a dispute to ADR in the finance, energy, telecoms, estate agent and legal services sectors. In other sectors, there is no mandatory requirement to use ADR, although it is available for any dispute should the business decide it wants to use it.