Consumer Rights Act 2015 and Consumer Ombudsman Scheme

Patricia Gibson Excerpts

Tuesday 11th February 2020 Westminster Hall

[Sir Roger Gale (in the Chair)]

I call Margaret Ferrier to make an intervention.

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

Martin Lewis, the money saving expert, has done a significant piece of work on this issue in his 2017 report, “Sharper teeth: the consumer need for ombudsman reform”. Does my hon. Friend agree that membership of ombudsman schemes, which can legally enforce decisions, should be mandatory of all organisations, and that that is at the heart of the problem? Those ombudsmen would be answerable to Parliament for how they enforce decisions on behalf of consumers, thereby protecting everybody from the kinds of mistakes highlighted by my hon. Friend.

--- Later in debate ---

[Kelly Tolhurst]

I thank the hon. Lady for her intervention and note her particular interest in the area as chair of the all-party parliamentary group. As I will come on to say, we are committed to making the process easier for consumers to get redress. I hope that the response to the Green Paper, and the Command Paper that we expect to publish later in the spring, will give her some confidence in that area.

ADR is not mandatory for the furniture and home furnishings sector, where the furniture ombudsman provides dispute resolution services. The furniture ombudsman is a highly regarded service, but it can only offer its services when businesses join the scheme. I understand that in the case highlighted by the hon. Member for Linlithgow and East Falkirk, the furniture retailer in question had not joined the furniture ombudsman. That is why it was unable to help his constituent, Ms Johnston, leaving the courts as her only route to redress at the cost of much distress to her.

[Patricia Gibson]

The Minister has conceded that the problem is that not all ombudsmen are equal, so what we need to do is level up. She will be aware of calls to refer the entire ombudsman landscape to the Law Commission to sort it out. How does she respond to that?

[Kelly Tolhurst]

As I have suggested, much work has gone on since the Green Paper was launched. We have looked at these things, and our intention is to publish a Command Paper in the spring. In my role as Minister, I have been particularly focused on addressing consumer detriment wherever it exists and ensuring that consumers can get redress.

A key question that Government asked in the consumer Green Paper was whether there should be an automatic right for consumers to access ADR. In some sectors where participation is not mandatory, the volume and value of disputes have been high, but business take-up has been low. The Government are particularly keen to see a higher rate of business participation in sectors where there are significant levels of consumer complaints. Since the consumer Green Paper was published, my officials have been working closely with consumers, businesses and dispute resolution groups to develop practical and pragmatic solutions to increase the use of ADR.

I have taken a close interest in the work of the all-party parliamentary group on consumer protection and its helpful reports on ombudsmen, which looked at the effectiveness of ombudsmen from the consumer perspective. Those reports have provided valuable insights and proposals that have helped to inform our work.

My Department has announced its intention to publish a Command Paper in the spring of this year. In that Command Paper, we will bring forward a package of reform to make it easier and quicker for consumers to use ADR services. It will also cover ways in which we can strengthen our public enforcement system to tackle consumer rip-offs.

In the context of this debate, Members may be interested to know that the Government will carry out a five-year post-implementation review of the Consumer Rights Act 2015 later this year. The Act introduced some important new rights, such as rights to protect consumers buying digital content, including music and online games. The review will consider, among other things, whether the legislation has met its objectives.

When competitive markets are working well, consumers should be able to resolve most problems for themselves. Companies should be incentivised by a desire to win and maintain custom and promote their reputation. An important part of that is ensuring that consumers are satisfied and that disputes are resolved appropriately. I believe that alternative dispute resolution plays a significant role in supporting consumers to resolve complaints against traders. It is worth reflecting that more than 2.5 million disputes have been resolved through ADR in the past six years. BEIS research has found that 80% of consumers who used ADR thought that their problem would not have been resolved without it.

I recognise that the system is not working as well as it might. I assure Members that I am committed to making the system more effective, with better access. Through the forthcoming consumer and competition Command Paper, we will be closely examining the areas of the dispute resolution landscape that are not working for consumers and laying out our proposals for reform. Respondents will be able to comment on them and present evidence regarding the effectiveness of consumer redress mechanisms, including the role of ombudsmen and alternative dispute resolution provision, before the Government take any final decisions on the scope and nature of reform.

Again, I offer my sincere thanks to the hon. Member for Linlithgow and East Falkirk for securing this debate and highlighting the case of his constituent. I am sure it will resonate with many who are watching this debate. We know how stressful it can be for our constituents throughout the United Kingdom to try to get simple redress. I thank Members for taking part, and I look forward to updating them in the spring when we launch the paper.

Question put and agreed to.