A rail ombudsman - suggested role manifesto

[whole diary]

[grahame]

I'm not sure I should have started looking at this point by point, but I am interested in practical ideas to improve things for passengers, and at the same time aware of going too far and creating side effects.   As I am not a politician / have no role in setting up and proposing for the future, this will appear somewhat negative - showing concerns but not suggesting too many alternatives.  But, please, others could do that.

1. All deliberations will be conducted under strict liability rules, as now with penalty fares, but with the strict liability reversed so the DfT^» (Department for Transport - about) and TOCs^▸ (Train Operating Company) will have to prove that they are not at fault, with the passengers’ complaint upheld otherwise

So that's "innocent until proven guilty" rather than "guilty until proven innocent"?   That's exactly how it should be, but it potentially sets up a rogues charter.  The current system, though, generates some horrific stories.  Of a friend of ours bring told to leave first class and being threated with the BTP^▸ (British Transport Police) if he didn't ... oh, he had a valid first class ticket - just he's young, very short haired and the train manager assumed he ony had a standard ticket. But then an assumption that the passnger who heads straight for the loo on boarding, only coming out as the destination is reached, may be fair on the balance of probability.  But "innocent until proven guilty" will make it much harder to get such people to pay for their journey - putting the price up for the rest of us.

2. All upheld complaints will be compensated with a straight refund of the fare and a penalty of £50 to be paid to the complainant

3. All fares quoted by TOCs must be the lowest fare for that journey under the circumstances specified by the passenger, including any fares which would be lower if bought in separate segments.

Agreed. Yes, I know the system is hard and complex to work out for a ticket clerk - but various fare splitting sites hava managed to do it, so it should be possible to build it into national rail ticketing too.   

Where people don't know exactly when they'll be returning, it should be ensured that they know of their right to buy for the cheaper return time, and to excess their ticket if (in the end) they want to come back on a peak train.

4. All ticket machines must offer the lowest possible fare too

I'm going to suggest you go further and suggest that the cheapest fare valid on the next train should be offered within the first set of fares for that journey, and not down on "see more fares" pages as often happens at present.

5. All disabled passengers must have the right to turn up and travel, and be assisted so that they do not suffer discrimination because of their disability

In principle yes ... but I worry about places like Avoncliff, where the practicallity of providing anything except steps is questionable, and I worry about users who need larger mobility vehicles that are difficult or impossible to load at times. The key is in definition, and if "alternative" means road transport called up from a communication device, fair enough.

6. All penalty fares appeals rejected by the scam IPFAS to be reviewed by a properly independent body, not one that calls itself independent and is in fact a machine for making money for the execs of Govia

Wording shows anger.  Penalty fare appeals may go to the Ombudsman

7. All timetables to be re-assessed to ensure that they haven’t been padded to allow the TOC to make up time. And lateness to be determined not only at the final station but at intermediate stations

No - sorry.  I would rather have padding time within my journey to allow little catch up opportunities so that my connection doesn't miss along the way.  And biasing those extra minutes towards the latter part of the journey helps to ensure that time can be made up from any delays, rather than having to hang around halfway to await time, just to get delayed later in the journey.

But agreed that lateness shouldn't only be measured at final station

8. All repayments for lateness and cancellations to be made within 7 days of the request and a penalty of £50 to be levied if not

None-disputed within 10 working days; disputed ones 56 days, with reason for dispute to be given.

9. All employees of TOCs, which are corporations operating in the public sector very much like the BBC^» (British Broadcasting Corporation - home page), and of the DfT, and all their contractors, with salaries or remuneration over £150k pa, to be named and the total remuneration of each declared – and the gender of each specified

10. The maximum number of passengers allowed on a train or in a carriage to be declared and this to be monitored so it is not exceeded, and if anyone has to travel in an over-crowded train where it hasn't been monitored to be compensated as in para 2

So not really a "maximum allowed" then - which would mean turfing the excess off or denying boarding. Get help from United airline to drag people off because staff need to travel to work next service ;-)

Nice idea to discourage TOCs from running two rammed carriages where three should be provided.  BUT concerns are the cost of providing an extra carriage for the one short leg that the train's busy, the ability of the TOC to forecast unusual flows, and that as written it looks like full refund for whole journey plus £50 for a short overcrowd.  If that were impemented, it would put an end to practices such as the London - Bristol express stopping at Oldfield Park if the train from Weymouth was short formed and a big crowd was waiting, because everyone on the train from London would be refunded!

11. Once signed all contracts between TOCs and the DfT to be published in full, with the schedules and any extra elements, including the commercial terms which should be in the public arena, and details of the termination penalties

12. All meetings between the TOCs, Rail Delivery Group, Unions and the DfT to be fully minuted and the minutes published within 7 days of the meeting

Please no, if that's saying what I think it is.  So much is learned and good done by chatting across roles, and if every such chat was subject to a formal procedure nothing would get done because everything would be tied up in red tape.

13. All relevant statistics, about, for example, lateness, penalty fares, penalty fares appeals, compensation to passengers, lateness in paying will be published monthly

14. All complaints about the rail service to be published on the ombudsman’s website and details of the adjudications also published, with statistics in an easily accessible form

Suitably anonymised?


OK - some of that is Devil's Advocate mode.  ... comments and further thoughts welcome by me ( PaulJDavies may wonder what he has bitten off with us!)

[ChrisB]

Then don't complain about those who were willing to serve on it to try & make (and we did) for a better customer experience. Others were willing & we managed to achieve change

[Fourbee]

In my opinion, there are elements of the manifesto which are rather more draconian than I would realistically expect in a final system, and I wondered if they've been driven by an anger that's built up within the Southern area, or as negotiating positions where a compromise in the middle is what's really wanted.   Some of the elements may be rather like putting up an electric fence - very effective but scarcely used as common business practice modifies to avoid the problems - almost like engineering the railway system to become more used friendly via the thread of the Ombusman.

I have made quite a lot of complaints to the FOS on behalf of others, some successful, some unsuccessful. It is noticiable though over the years how firms subject to FOS complaints have improved by making a real effort to get things right first time and quicker (usually this involves a phone call within a few days of them receiving the initial communication). AIUI^▸ (as I understand it) there is a fee payable of £500 for every case which reaches the FOS; there is a finanical incentive to avoid this step from happening. There is no deterrent for TOCs^▸ (Train Operating Company) as it stands, so inevitably, we have the current unsatisfactory situation.

Ultimately, if I made a complaint to a TOC today, they could put it in the special filing cabinet (the bin) and no tangible sanctions would follow (unless I elected to go to court/did a chargeback).

[grahame]

https://conversation.which.co.uk/travel-leisure/orr-complaints-trains-delays-ombudsman/

Complaints about rail services have risen once again, according to latest data from the rail regulator. Punctuality and reliability of services were the most common complaint made by passengers. So how can we get trains on track?

The Office of Rail and Road has revealed that the number of complaints being made by passengers on our railways rose by 7.5% in the year 2016-17, with over half a million complaints in total.

In truth, this doesn’t come as a surprise to many of us here at Which?, especially after thousands of supporters of our rail campaign shared with us their experiences of using trains in the UK^▸ (United Kingdom). Their stories highlighted the multiple basic failings that passengers are having to put up with every day…

[NickB]

Power to declare Void Days would be an important step forward for me - stripping this inconsistent decision from the TOCs^▸ (Train Operating Company).
 
Also, I've always felt that neither the season ticket discount process for delays, nor delay repay is a perfect system.  I would like to see the floor (5%/10%) for season ticket compensation removed, and it be directly linked to the performance figures.  If the TOC provides 97% of trains on time then the discount is 3%.  If however it falls to 82% then the discount is 18%.
Currently there is no incentive to improve services once a trigger has been crossed - it wouldn't surprise me if GWR^▸ (Great Western Railway) 'planned' for all of their renewals to be discounted by 5% every year!  The compensation should be available as cash rather than a discount on renewal if you have become so sick of train travel that you are switching to driving/staying at home.

[t0m]

Power to declare Void Days would be an important step forward for me - stripping this inconsistent decision from the TOCs^▸ (Train Operating Company).
 
Also, I've always felt that neither the season ticket discount process for delays, nor delay repay is a perfect system.  I would like to see the floor (5%/10%) for season ticket compensation removed, and it be directly linked to the performance figures.  If the TOC provides 97% of trains on time then the discount is 3%.  If however it falls to 82% then the discount is 18%.
Currently there is no incentive to improve services once a trigger has been crossed - it wouldn't surprise me if GWR^▸ (Great Western Railway) 'planned' for all of their renewals to be discounted by 5% every year!  The compensation should be available as cash rather than a discount on renewal if you have become so sick of train travel that you are switching to driving/staying at home.

Here here on all of these points. I can see no reason why there should be so much national inconsistency with operators free to choose these arrangements by themselves..

[grahame]

Better very late than never - closes TODAY ...

http://orr.gov.uk/rail/consultations/open-consultations/changes-to-complaints-handling-guidance

Not sure how we missed that one earlier - or perhaps we were supposed to miss it?

Background / comment

http://www.thecomplainingcow.co.uk/rail-ombudsman-is-finally-coming-down-the-tracks-consultation-closing-soon/

[grahame]

from Which?

WIN! The rail regulator will soon require all train companies to participate in a free-to-use ombudsman scheme to handle passenger complaints. We’ve been calling for this extra level of redress to protect your rights for some time, so will this change help you?

The new rail ombudsman will be responsible for investigating customer complaints when train companies have failed to take action.

If the ombudsman identifies valid complaints and claims that the train company has disregarded, then the ombudsman will be able to overrule the train company’s decision.

[etc]

[TaplowGreen]

Excellent news & long overdue.

[JayMac]

Some teeth at last.

Fantastic news for passengers.

[ChrisB]

And you can be on the Panel!

The posts are being advertised on the Transport Focus website. Posting from my iphone, so cutting/pasting a link difficult, but the ad ought to be easy to find

[Western Pathfinder]

Might this be of some help I wonder
https://www.transportfocus.org.uk/research-publications/publications/transport-focus-board-member-application-pack/

[ChrisB]

It's actually this link

https://www.transportfocus.org.uk/research-publications/publications/penalty-fares-third-stage-independent-appeals-panel-information-applicants/

[grahame]

Now from the BBC^» (British Broadcasting Corporation - home page)

A new rail ombudsman is to be set up to handle complaints from passengers about train travel.
Complaints about train services are currently running at over half a million a year, following widespread dissatisfaction.
The ombudsman will deal with complaints that have not been resolved by train operators or passenger groups such as Transport Focus.
It is thought around 6,000 complaints a year will be referred to the service.
All the UK^▸ (United Kingdom)'s train operators have signed up to the ombudsman, meaning they will be obliged to take action if failings are identified.
"This is an important step by the industry. An independent and effective ombudsman, working closely with consumer groups, will ensure passengers get a fair deal and give them a stronger voice," said rail minister Jo Johnson.
"And it will also help the rail companies to improve their service to passengers."

continues

[ChrisB]

It'll be interesting to see how this is going to work.

I'm guessing that the customer would have to go via Transport Focus (TF) initially, as now, before either self-referral to the ombudsman if TF either cannot resolve to customer's satisfaction, or at all. Or only if TF recommends it....otherwise the number of referrals from customers (especially in this current climate) will make the estimate of 6,000 referrals a year look minuscule!

This is the RDG^‡(resolve)'s press release

Rail industry appoints first ombudsman to improve complaints procedure for customers


Rail industry appoints ‘Dispute Resolution Ombudsman’ to rule on complaints as part of the rail industry’s plan to change and improve.

Working on behalf of train operators and Network Rail, the Rail Delivery Group (RDG) has appointed Dispute Resolution Ombudsman to establish the first ombudsman for the rail industry to rule on customer complaints. The independent body, which already provides an ombudsman service for other industries, will have the power to hold train companies to account.

Last October, as part of the industry’s joint plan to change and improve, rail companies committed to creating a rail ombudsman to further build confidence in services. The accessible and free to use rail ombudsman service will launch in November and it will cover rail journeys throughout Britain.

Customers that are unhappy with the outcomes of their complaints to rail companies will be able to refer them to be formally ruled on by experts in consumer rights, giving customers greater confidence that they will get a fair hearing. Decisions by the ombudsman will be binding and rail companies will have to take action if failings are identified.  The appointment follows a competitive procurement process.

Rail Minister, Jo Johnson, said:

“When train companies fall short, it is vital that passengers get the redress they deserve and are treated with respect

“This is an important step by the industry - an independent and effective ombudsman, working closely with consumer groups, will ensure passengers get a fair deal and give them a stronger voice. And it will also help the rail companies to improve their service to passengers.”

Jacqueline Starr, Managing Director of Customer Experience at the Rail Delivery group, said:

“Rail companies have worked together to appoint the first rail ombudsman to help us deliver on the commitment set out in our long-term plan to increase customer satisfaction and remain the highest rated major railway in Europe.”

The new scheme builds on the successful passenger advocacy carried out by Transport Focus and London TravelWatch over many years.  The new ombudsman will have the power to make redress decisions that will be binding on train operating companies.

Train Operating Companies and Network Rail are supporting the ombudsman, reflecting their commitment to improve services for customers.

Kevin Grix, Chief Executive and Chief Ombudsman at the Dispute Resolution Ombudsman, said:

“We are delighted to be appointed the Ombudsman for Rail and are looking forward to launching our service in November 2018. With our legal foundation and decades of experience providing alternative dispute resolution to some of the UK^▸ (United Kingdom)’s most recognised retailers we are well placed to support future improvement in the rail sector.”

The new ombudsman is part of the railway’s plan to change and improve. Working in partnership, the industry’s long-term plan will secure £85 billion of additional economic benefit, increase customer satisfaction, boost local communities and create more and better jobs in rail.