Ombudsman Services | July 2020
Covid-19 is an unprecedented event which has caused a wide range of challenges for Communications Providers. In this factsheet we set out our approach to complaints involving claims for compensation because of a delay in installing or repairing fixed lines.
In response to the pandemic, Ofcom confirmed it was legitimate for signatories to the Automatic Compensation scheme not to provide compensation payments. This message was confirmed on 23 March 2020.
We received confirmation from our participating companies, signed up to the scheme, that payments were not provided from this date (in some cases slightly later).
On 5 June 2020 Ofcom issued a statement to confirm the situation at a network level had improved. Most providers had restarted payments from this date, at least in part. It is our understanding that there are still restrictions in place relating to some fault repair works. It therefore remains legitimate for payments not to be included for delayed fault repairs under the scheme.
We will apply the following principles when considering complaints about delayed installations and fault repairs: For the period 23 March to 5 June 2020 we will not criticise signatories to the Automatic Compensation scheme for not providing compensation payments. We will not include such payments in any awards we make.
From 5 June 2020 we expect that signatories to the Automatic Compensation scheme will provide compensation for delayed installations (unless there are unique coronavirus linked circumstance such as self-isolating customer’s preventing an engineer visit). We will include any AC payments owing within the awards we make.
From 5 June 2020 we will respect signatories to the Automatic Compensation scheme’s decision not to provide compensation payments in respect of delayed fault repairs for the time being. We will not include any such payments in our awards.
We will follow Ofcom’s lead on determining when it is appropriate for delayed fault repairs to again form part of the Automatic Compensation scheme payments.
Where a customer has experienced a total loss of service, we do not expect rental charges to be raised. Regardless of whether it is legitimate not to pay compensation under the Automatic Compensation scheme, if payments are collected the provider should supply a refund. We will include any such refunds in our awards as necessary. This applies to all providers, not just those who signed up to the AC scheme.
We will not benchmark awards against the Automatic Compensation levels for the period 23 March to 5 June for total loss of service complaints. This relates to providers not signed up to the Automatic Compensation scheme. We will recommence benchmarking for delayed installations and missed appointments from 5 June. This will not apply for delayed fault repair complaints inline with the current stance confirmed by Ofcom. Again, these customers should not have to pay rental for the period of the total loss of service.