Ofcom guidelines for communications providers on handling complaints

Ofcom has published guidelines on how communications providers should handle complaints and resolve disputes with their residential and small business customers.

Section 52 of the Communications Act 2003 (General Condition 14) requires communications providers to produce a Code of Practice on dealing with customer complaints and disputes which must be approved by Ofcom.

Ofcom's guidelines will help providers with this process by setting out what needs to be included in a Code of Practice to secure Ofcom's approval. Communications providers' Codes of Practice should cover:

* Full contact details to enable customers to raise complaints with the provider;
* Details of services, tariffs and any standard discount offerings;
* Company policy on compensation and refunds;
* Details of standard contract conditions;
* Company procedures for handling complaints and resolving disputes;
* Details of relevant alternative dispute resolution (ADR) mechanisms.

Ofcom will only approve Codes of Practice which meet these requirements. In particular, all communications providers should be members of an Ofcom-approved alternative dispute resolution scheme and be prepared to comply with any final decision under that scheme. Ofcom has approved two ADR schemes: Otelo (www.otelo.org.uk) and CISAS (www.cisas.org.uk).

Companies without a Code of Practice, or who breach their Code of Practice may be subject to enforcement action from Ofcom. Penalties under Section 96 of the Communications Act 2003 include fines of up to ten per cent of turnover.

The new guidelines, which update Ofcom's predecessor Oftel's guidance for communications providers, are published together with a list of communications providers with approved codes at: www.ofcom.org.uk.

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