16. REFERRALS

Introduction

The TIO typically handles Enquiries and Level 1 Complaints by referring them back to the Member or to a more appropriate agency. In rare instances a Level 2 complaint is handled by referral back to the Member.

When it refers a complaint, the TIO is not formally investigating and relies on the complainant to re-contact the TIO if the complaint is not resolved through the referral.

Members are still billed directly for (Level 1 and 2) Complaints that are resolved through referral.

16.2 First resort complaints

Complaints that fall within the TIO's jurisdiction but have not yet been presented to the Member for consideration are logged as 'first resort' Enquiries and are referred to the Member for consideration.

Complainants telephoning, emailing or visiting the TIO as a 'first resort' are advised to contact the general customer service area of their provider. Written complaints may be forwarded on the complainant's behalf to the person or area nominated by the Member to receive complaints (the TIO referral point). Alternatively, an officer will contact the complainant directly by phone or in writing to provide them with contact details for their provider's general customer service area.

16.3 Out of jurisdiction complaints

Where a complainant raises a matter that falls outside the jurisdiction of the TIO, the Investigation or Enquiry Officer will, wherever possible, provide the complainant with contact details for an alternative agency.

Where a complaint is made against a TIO Member but the issue lies outside the jurisdiction of the TIO, complainants may still be referred to the provider so that the matter can be considered. As these matters are logged as Enquiries, Members are not billed directly for such complaints.

16.4 Level 1 Complaints

Level 1 Complaints are typically handled by referral to a person or group nominated by the Scheme Member to handle complaints brought to the TIO (the TIO referral point). Complainants contacting the TIO by phone or email are usually given the contact details for the TIO referral point and advised to contact it themselves to attempt to resolve the complaint with the Member directly.

Written complaints may be forwarded on the complainant's behalf to the TIO referral point. In these cases, the Member is asked to contact the complainant directly in order to address the complaint.

Most complaints can be resolved quickly through referral, even where the complainant has previously made their own attempts to resolve the complaint. However, referral of non-first resort complaints is not mandatory. In some instances, the TIO may decide in the exercise of its investigative discretion not to refer non-first resort complaints back to the company and instead raise a Level 2 Complaint. This action might be taken where the TIO considers that the complaint is of such a serious and/or urgent nature that it warrants raising as a formal complaint in the first instance, or where the TIO considers that referral back to the Member is unlikely to assist in the resolution of the complaint.

Level 1 Complaints (and Enquiries) may also be referred back to the provider, or to a more appropriate agency, where the TIO exercises its discretion not investigate a complaint, or not to investigate a complaint further.

Discretion not to investigate a complaint is covered in detail in section 17.

16.5 Level 2 Complaints

In some instances, referred complaints are classified at Level 2. This may happen where the TIO has spent a significant amount of time handling the complaint and is done to recover costs. A Level 2 Complaint that is referred in this way does not yet warrant formal investigation and would otherwise be logged at Level 1. The TIO must provide a Member with formal written notice at the time of raising such a Complaint.

16.6 "Urgent delay" Complaints

The TIO has a special procedure for handling complaints about transfer delays and "connect outstanding" issues.

Transfer delays involve a delay in transferring all or part of a service from one telephone or internet service provider to another. Procedures for handling transfers are often in ACIF Codes, e.g. Pre-Selection and Local/Mobile Portability Codes

Connect outstanding issues involve a delay in connection of a telephone service because the previous occupant of the premises did not cancel their telephone service when they left the premises. Procedures for handling connect outstanding issues are set out in ACIF Code Connect Outstanding C617:2005

The TIO logs complaints about transfer delays and connect outstanding issues against the service provider that is gaining the service, i.e. that the complainant wishes to transfer to or connect a service with.

TIO procedures take into account the typically urgent nature of these types of complaints. While we follow standard practice and refer complainants to the TIO Member's senior level of complaint, we ask complainants to contact us again if the Member does not resolve their complaint within 2 business days of the referral. For further information about this procedure, see 18.4 "Urgent delay" complaints.

16.7 Advice to complainants

When referring Enquiries, TIO Officers advise complainants:

• why the TIO cannot handle the complaint;
• where appropriate, of any restriction in the TIO's jurisdiction that might limit the Ombudsman's ability to consider the complaint in the future;
• where appropriate, to pay undisputed portions of their account and to ask their provider to suspend credit management on disputed portions while the provider investigates;
• where appropriate, to allow a reasonable time for the provider to resolve the complaint and to contact the TIO again in the event that the matter remains unresolved.

When referring Complaints, TIO Officers advise:

• of the reference number for their complaint;
• of any restriction in the TIO's jurisdiction that might limit the Ombudsman's ability to consider the complaint;
• where appropriate, of the TIO's initial assessment of the complaint on the basis of the information provided by the complainant;
• to advise the company they have been referred by the TIO;
• where appropriate, to pay undisputed portions of their account and to ask their provider to suspend credit management on disputed portions while the provider investigates;
• when to contact the TIO again in the event that the matter remains unresolved;
• how and to whom any future contact should be made, i.e. by phone or in writing (submission of complaints in writing is not mandatory but may be preferred in certain circumstances);
• what further information they will need to supply in support of their complaint.

16.8 Suspension of credit management

For complaints that are outside the TIO's jurisdiction, the TIO has no power to influence a company as regards their decision to credit manage an outstanding account. For 'first resort' complaints, while the TIO is not yet in a position to advise in detail on the merits of a complaint, the TIO will, where appropriate, advise complainants to pay undisputed portions of their account and to ask their provider to suspend credit management while the provider considers the matter.

In exceptional cases, the TIO may, where necessary, approach a Member on an informal basis to ask if credit management of an account can be suspended while the Member considers the complaint.

When it refers a (Level 1 or 2) Complaint, the TIO expects that a Member will suspend credit management on any disputed portions of a complainant's account while the Member is considering the complaint. The TIO expects cessation of debt collection in relation to 'disputed amounts' only. By way of example, 'disputed amounts' may be disputed call charges or service and equipment fees. Genuinely owed (i.e. undisputed) amounts may not be offset against compensation being claimed, although exceptions to this may apply from time to time.

Where a complainant indicates to the TIO that a Member refuses to suspend credit management while it is considering a Complaint, the TIO will send the Member a fax or email asking it to suspend credit management on any disputed portions for a period of 20 days. This allows two weeks for the Member to address the complaint and additional time for the complainant to re-contact the TIO in the event that they are not satisfied with the outcome of the referral.

When referring a Level 1 or 2 Complaint by means of forwarding a complainant's letter to a Member, the TIO will, when appropriate, ask the Member to suspend credit management on disputed portions for a period of 20 days. The TIO informs the complainant when such a request has been made and, where appropriate, advises them to pay the undisputed portion of their accounts. This timeframe allows two weeks for the Member to address the complaint and additional time for the complainant to re-contact the TIO in the event that they are not satisfied with the outcome of the referral.

16.9 Timeframe allowed

There is no specific timeframe for a Member to resolve a 'first resort' complaint. The TIO advises complainants to allow a provider a 'reasonable' amount of time to resolve a complaint. Officers should, however, ensure that complainants are aware of the time limit to the TIO's jurisdiction. Under Clause 3.2(e), a complaint must have arisen from events that became known to the complainant less than one year prior to the complaint being made to the TIO. However, the TIO has the discretion to extend this period to two years

For referred Complaints that are classified at Level 1 or 2, Members have 14 days in which to address the complaint. Where a complainant phones the TIO referral point and is required to leave a message, the Member must make contact with the complainant within 48 hours.

For 'urgent delay' Complaints, an exception applies to the above timeframe. Given the urgent nature of these kinds of complaints, the TIO imposes a 48-hour resolution time on referrals.

The time involved in a customer attempting to resolve a complaint with a provider at first instance is a matter to which the TIO will have regard in classifying any subsequent complaints to it.

16.10 Notification of outcome

Members are not required to notify the TIO of the outcome of referrals; however, in some instances the TIO may ask the Member to do so.

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