Call for inputs: review of ADR in the telecoms sector - Which? response

This response is provided in response to a request from Ofcom for initial input as it prepares to formally consult on Alternative Dispute Resolution (ADR) Services in the communications sector later this year. Which? met with Ofcom in June to discuss the review and agreed to provide additional information on some of the points raised. 

Effective ADR is critical for consumers to seek redress when they experience harm, yet the process for doing so is often confusing and opaque. Which? welcomes Ofcom reviewing ADR in the communications sector as consumers greatly value access to fast and reliable connectivity. When issues do arise for consumers, these can sometimes be exacerbated by poor levels of customer service. This is a particular problem in the broadband sector where recent Which? research found customer service satisfaction is below the cross-sector average. As such, improving standards of customer service to resolve complaints before they are escalated to an ADR provider is equally important to build consumer confidence in the market. 

We also think it would be better to have a single provider as this would help ensure consistency and accountability within a key sector for consumers. This approach, as stated by the Ombudsman Association, would assist Ofcom in its objective to ensure a consistent process in consumer experiences with ADR. Section 54 (7) of the Communications Act (2003), requires that the number of different sets of procedures for accessing ADR is kept to a minimum. This outcome may be secured more readily through a single provider, unless Ofcom could clearly justify why more than one provider is preferable. 

It is particularly important that Ofcom ensures the fairness for consumers of ADR schemes in the communications sector as the overarching framework of consumer protection provided by the Alternative Dispute Resolution Regulations 2015 is due to be repealed by the Digital Markets, Competition and Consumers Act 2024. Furthermore, communications sector ADR schemes are exempt from the new requirements in the DMCC Act. 

We note also that it appears that some smaller providers have not signed up to an ADR scheme as required by Ofcom rules, and would urge that prompt enforcement action is taken in such instances.