Access to an
Ombudsman

The Ombudsman:

1. Provides an independent, impartial and free service to consumers to help resolve disputes with HICS members.
2. Acts independently of both consumers and members, and makes decisions based on fairness and the circumstances of the case.
3. Can award compensation for loss, distress, inconvenience, or breach of contract, which HICS will enforce.
4. Resolves disputes without the need for court proceedings, and the service is entirely free of charge to consumers.

How to Complain

Please find below information on how to complain and the complaints process.

1. Complaints Should First Be Made to the Member

It is a requirement of the Ombudsman Scheme that, normally, the complainant should first address any complaint directly to the business concerned. The complaint should be dated, clear and in writing summarising:

• What the business did, with names (if possible) and dates.
• What you think they did wrong.
• What the effect was.
• What loss you have suffered.
• What you would like the member to do to put things right.
• The date by which you expect a response.

You should retain a copy of your complaint for your records – it may be needed in the future.

It is essential that the business is given every reasonable opportunity to address the complaint before complaining to the Ombudsman.

2. How Long Do I Have to Complain?

If you are dissatisfied with the outcome of your original complaint, you should normally refer the complaint to the Ombudsman within twelve months of the issue of the deadlock letter or, if no deadlock letter has been issued, within twelve months of your case being closed. The Ombudsman has discretion, however, to accept a complaint made out of this timeframe if satisfied that there are exceptional reasons to justify delay.

3. How Will Individual Cases Be Dealt With?

Where it considers practical and appropriate, the Ombudsman will seek to achieve a mutually acceptable settlement (“Settlement”) of a complaint. If both parties accept the proposed Settlement this becomes the binding decision of the complaint.

Where it does not consider the Settlement route appropriate or the complaint is not resolved by a Settlement, the Ombudsman will conduct a formal investigation of the complaint.

When conducting a formal investigation, the Ombudsman will consider the evidence submitted by the parties involved in the complaint. The Ombudsman may determine the appropriate procedure for the investigation, acting reasonably in light of the circumstances. From time to time, the Ombudsman may also require assistance from the parties involved, such as providing access, information, or submissions.

Where either party (or both parties) requests a review within fourteen days of a proposed resolution, the Ombudsman shall take into account all of the material provided for the investigation and, after due consideration of the evidence, issue an Ombudsman decision.

If, after investigation, the Ombudsman considers that the HICS member is already offering (and continues to offer) a fair and reasonable settlement (even if it is not acceptable to the complainant), or if the Ombudsman considers that no Settlement, proposed resolution or Ombudsman decision is required, the Ombudsman may exercise discretion to terminate consideration of the complaint and shall notify the complainant accordingly.

4. How Much Does It Cost?

Services are provided free of charge to complainants.

5. How Long Will It Take to Conclude?

Some cases are complex, and the investigation may be lengthy, whilst others are simple and are dealt with quickly. The Ombudsman aims to complete all cases within ninety days from receiving a complete case file. Where a case is deemed complex, the ninety days may be extended and, in that scenario, both parties will be notified.

6. Can Someone Else Complain on My Behalf?

Someone else can complain as long as written authorisation from the complainant is received at the Ombudsman’s office. Anyone may act for the complainant, such as a member of the complainant’s family, a friend, a solicitor or a volunteer from a body like the Citizens Advice Bureau. The consumer can add their representatives’ details on the application form.

7. What Happens When a Decision Is Made?

The Ombudsman will make a decision they believe to be just and fair, taking all the circumstances into consideration. The Ombudsman will then write to all parties concerned with the decision and any award of compensation. The Ombudsman will explain the reasons for making their decision and set out timescales for compliance with any award.

8. What Powers Does the Ombudsman Have?

The Ombudsman has full autonomy and authority to provide a complaint and dispute resolution service and, in doing so, may, amongst other things:

• Dismiss a complaint.
• Award compensation or issue a specific performance award.
• Make recommendations to HICS about its membership criteria.
• Make recommendations to the trade member about changing its policies or procedures, including in relation to the provision of its services (such recommendation shall be copied to HICS).
• Report to HICS on any non-compliance with a binding decision of the Ombudsman by the trade member.

9. How Much Compensation Could Be Awarded?

The Ombudsman can order payment of compensation for loss, distress, inconvenience, breach of contract or other related quality matters. There is a maximum limit of £10,000 to the amount of compensation that can be claimed or awarded. If compensation is sought, it must be claimed on the ‘Complaint Form’, along with an explanation of how the figure was calculated.

10. Can an Appeal Be Made Against the Decision?

The Ombudsman’s decision shall, if accepted by the complainant, become a binding decision on the trade member. If the complainant does not reply to the decision within twenty days (or such longer period as the Ombudsman may reasonably allow), or if the complainant chooses not to accept the decision, it will not be binding on the trade member. In this case, the Ombudsman will notify both the trade member and HICS that the decision is no longer binding.