Dealing with TIO Complaints

What it means if the TIO receives a complaint about your organisation What to do if you receive a Level 1 complaint What to do if you receive an 'urgent delay' Level 1 complaint What to do if you receive a Level 2 or Level 3 complaint What to do if you receive an 'urgent delay' Level 2 or 3 complaint Requests for extensions What happens if you receive a level 4 complaint Responding to TIO complaints Examples of responses in pdf

What it means if the TIO receives a complaint about your organisation

It DOESN’T mean that the TIO is blaming you for the complaint, or that the TIO has already decided that you are in the wrong, or that your organisation doesn’t have effective complaint handling mechanisms.

You will NOT necessarily be charged for the complaint – each TIO member receives four ‘free’ Level 1 complaints each quarter.

It DOES mean that your customer is exercising their right to have an independent party examine their complaint. This right is outlined in the Telecommunications (Consumer Protection and Services Standards) Act 1999. Customers are entitled to bring a complaint to the TIO if their provider has not offered a resolution to the problem, or if they seek an independent review.

In most cases the TIO will refer the complaint back to you for resolution; in some cases the TIO will decide to investigate the complaint. In these cases, the TIO will collect the facts of the dispute before assisting the two parties to negotiate an outcome, or conciliating a fair and reasonable outcome. After completion of an investigation and in the absence of a conciliated settlement of a complaint, the TIO shall resolve a complaint by making a determination or direction, or by dismissing the complaint.

You will be charged for each complaint beyond the first four Level 1 complaints per quarter. The TIO’s charges are based on the time it takes to investigate a complaint, not on whether or not you are found to be in some way at fault. See Fees and Invoices for more information about TIO charges.

What to do if you receive a Level 1 complaint

Over 90% of complaints to the TIO are logged at Level 1.

At Level 1, the TIO is does not formally investigate the complaint. In most cases the TIO will refer the complainant back to the member for a final attempt to resolve the complaint.

If you receive a call from a customer who says that they have been referred by the TIO, you can assume that the complaint is at Level 1 and that the TIO is not yet investigating the matter. This is your opportunity to resolve the complaint without the TIO’s further involvement.

If the complaint has been received in writing, you may receive a copy of the complaint and be asked to contact the complainant directly within 48 hours to attempt to resolve the matter.

You have 14 days to resolve a Level 1 complaint, whether it is made in writing or over the phone.

Unless the complainant contacts the TIO again, the TIO will assume that the matter has been resolved, or that the complainant does not wish to have it pursued.

If you receive a Level 1 complaint

1. Make contact (not just leave a message) with the complainant and attempt to resolve the matter within 48 hours.
   
   
2. If the matter is more complex and cannot be resolved within 48 hours, provide the complainant with clear advice of the steps that will be taken to follow up and resolve the matter – including the estimated timeframe of follow-up calls and correspondence.
   
   
3. Keep to the timeframes you set for the resolution of the complaint.
   
   
4. Resolve the complaint within the TIO’s 14-day time limit.
   
   
5. Although there is no obligation on you to do so, you can advise the TIO of the outcome of the complaint. This can be helpful if the complainant is likely to contact the TIO again. Also, providing your version of events may provide the TIO with the information it needs without escalating the complaint to Level 2.
   

If it is anticipated that the member will be able to provide the relevant information within 21 days, the complaint is likely to be classified at Level 2. If the TIO believes that the member will require more time, or that the matter is serious enough, the complaint might be classified as Level 3.

When the TIO raises a Level 2 or 3 complaint it notifies the member in writing and provides a summary of the complainant’s view of the complaint. The member is required to make a formal, written response to the TIO, providing as much relevant information as possible. Generally, the more information a member can provide, the better the TIO is able to understand its perspective, the more quickly it can complete the investigation, and the less likely it will escalate the complaint further.

The TIO’s letter to the member will contain questions that the member must answer in its response. Depending on the nature of the complaint, a member might also be asked to provide independent evidence (for instance line-testing results or log-in records). The member’s letter to the TIO should also include the member’s view of how the complaint might best be resolved.

Responses to Level 2 complaints must be received by the TIO within 21 days. Responses to Level 3 complaint must be received within 28 days. Failure to meet the timelines may result in the complaint being escalated.

What to do if you receive an 'urgent delay' Level 2 or 3 complaint

For 'urgent delay' complaints raised at Level 2 or 3, you are asked to attempt to resolve the complaint within 48 hours (2 business days) of receiving formal notice of the complaint. Advice as to the status of the complaint must be provided to the TIO by the end of the first 48 hours. If necessary, the TIO can supply you with a name and contact number for the existing service provider at this point. Notwithstanding whether the complaint is resolved within the first 48 hours, a full written response to the complaint is still required within 21 or 28 days as appropriate.

Requests for extensions

Requests for extensions of time for responses to Level 2 complaints will not be granted; however, the TIO will consider reasonable requests to downgrade a complaint at Level 3. Reasonable requests for extension of time for Level 3 complaints will be considered provided that the request is made well before the expiry of 28 days.

What happens if you receive a Level 4 complaint

Only a very small percentage of complaints are raised to Level 4. A Level 4 complaint can be raised for three reasons:

1. a Level 3 complaint has not been resolved within 28 days and after consideration by the TIO it is identified as a matter that warrants further investigation.

2. the TIO has not received a response to a Level 3 complaint within the 28-day timeframe.

3. the complaint is an objection to the installation of a low impact facility on the complainant’s land.

Level 4 complaints hare handled by the Investigations Officer under the case management of the Deputy Ombudsman, or, in the case of low impact facility objections, by the Ombudsman

Some complaints are classified as Level 4 complaints because the nature of the dispute is complex and requires external advice. In such cases, the TIO member is liable for the cost of the expert advice. Some Level 4 complaints require mediation meetings between the complainant and the member. Although the TIO seeks to conciliate an agreement between the disputing parties, it is sometimes necessary for it to exercise its powers by making a Direction or Determination.

There is no specified timeframe for the resolution of Level 4 complaints. They are typically resolved within a few months, with the benchmark set at 120 days.

If you have a Level 4 complaint:

• You will be notified in writing by the TIO if a complaint is escalated to Level 4. This letter will detail the reasons for the escalation, and will advise you of what action is necessary.

• You may be required to provide further information, or to attend a meeting with the complainant and the TIO.

• Every attempt will be made to conciliate an outcome – you will be required to participate in the conciliation process by responding to the TIO’s requests for information and showing a willingness to negotiate.

Responding to TIO complaints

• answers to all questions raised by the TIO;
• responses to any other issues raised by the complainant;
• a demonstrated understanding of the issues;
• a well constructed argument;
• correct grammar and spelling.

• log-in records
• customer service notes
• copies of relevant correspondence
• billing or fault histories
• line-testing results