Background

The Rail Ombudsman opened its doors on 26 November 2018, offering a free to consumers, expert, alternative dispute resolution service to help sort out unresolved customer complaints about service providers within the rail industry.

Our vision is to inspire customer confidence and to deliver our service fairly to ensure the right outcome in every case. We also support the rail industry to raise standards.

Like other ombudsman schemes, the Rail Ombudsman gives the parties the opportunity to settle their deadlocked disputes without the need to go to court. Firstly, we always try to resolve the dispute informally, but if this is not possible, we are empowered to make a decision which is binding upon the rail service provider.

We can also make recommendations to the rail sector (both individually to rail service providers and more broadly) to improve their service and we publish case studies and data which can help them to understand what they could do to raise standards.

Our Approach to Accessibility Cases

Since it began operation in 2018, the Rail Ombudsman has considered many different issues arising out of accessibility brought by passengers who have encountered difficulties when travelling on the rail network. This blog focusses on some of the experiences of passengers and, where outcomes were reached, the resolutions awarded by the Rail Ombudsman, under the Equality Act 2010, or otherwise.

Under the Equality Act 2010, disability means a physical or a mental condition which has a substantial and long-term impact on a person’s ability to do normal day to day activities. This is a broad definition which means, for example when proactively assessing what reasonable adjustments people may need to assist them when they travel, rail service providers will need to consider the differing needs of many individuals, each with their own unique circumstances. That said, taking a broad approach to inclusivity in policy making is not only achievable, but desirable since robust systems and approaches to staff training can lead to a better experience for all passengers across the network, increase confidence and service-use and reduce the need for complaints.

The Rail Ombudsman can look at claims with the potential to fall within the remit of the Equality Act 2010 and otherwise relating to accessibility. Our remit is defined by scheme rules that impact the way in which we are able to review such claims, for example:

The circumstances that give rise to accessibility complaints can be upsetting and distressing for people and we recognise that in our empathetic approach to complaint handling. We will try to talk to people in every case, as long they want to engage with us in that manner, so that we can understand what went wrong from their perspective. We can also make recommendations to rail service providers to help them improve things and it is not unusual for us to suggest that the passenger has a meeting with the accessibility lead in order to improve their confidence in travelling going forwards and for them to understand any processes that they may need to follow and what flexibility can be arranged for them.

Understanding what went wrong and how to avoid that in the future, can be a big factor in passenger confidence and complaint resolution. Sometimes the parties settle without the need for a formal decision and we can facilitate that through the communication of offers and discussions as to why (or not) the passenger believes that may be reasonable. For example, one passenger who was stranded at a station due to a lift being out of order was content to settle the matter with an apology, a gesture to make this apology more meaningful and an explanation as to the change in policy that their claim brought about. Other claims may settle for monetary amounts and it is important here to recognise that offers should not be so small as to trivialise the policy which underpins the legislation and, therefore, to listen to the passenger and understand what they are seeking in resolution as a starting point to settlement discussions.

Some Case-studies

Below are some examples of where the Rail Ombudsman has made awards and some of the factors that we took into account.

The Rail Ombudsman also reviews cases relating to booked assistance not being provided at a station or on the train, lack of facilities at the station or on the train, the level of service from assistance staff, lack of information.

One of the challenges for the Rail Ombudsman when it considers a complaint is often around the availability of evidence where accounts differ between the individual and the rail service provider and there is nothing to corroborate either account. The availability or otherwise of CCTV can be a factor, but as this does not usually have sound, it is limited in terms of evidencing the content of an interaction, unless body-cam footage is available. The Rail Ombudsman therefore advises passengers to request this footage when they raise their complaint as it can often get over-written and therefore be no longer available.

Some examples of Our Recommendations

Other examples of recommendations that the Rail Ombudsman has made include those relating to booked assistance, information and the way in which complaints are handled, for example

The Rail Ombudsman can make recommendations to an individual service provider or the industry as a whole.

What can consumers expect from the Rail Ombudsman?

Case received – once we receive a case, the consumer is given a unique reference number and access to our Case Management System and/or the contact details of a designated Ombudsman to keep updated with the progress of their claim.

Review – we look at the details which the consumer has provided to make sure that it is something we can investigate. If not, our single-front door either transfers or signposts the complaint to the most appropriate organisation.

Response – if we can take on the complaint, the next step is for us to request a formal response from the rail service provider. The complaint is assigned to an ombudsman who contacts both parties to introduce themselves and explain what happens next.

Investigation – we assess and weigh up the evidence provided and taking into consideration the rights and obligations set out in law and what is fair, reasonable and practical. We might need to request further information or evidence.

Mediation – we always try to bring the parties closer together and where possible close the case with an agreed resolution.

Adjudication – if the parties still do not agree, we make an independent decision on the case outcome, based on the evidence and information provided.

Closure – once the decision is made, the case is closed. The consumer has 20 days to decide whether to accept it or not and the decision is binding upon the rail service provider if it is accepted. If the consumer does not wish to accept the final outcome, they are not bound by it and can look to other forums, such as the courts.

All cases are looked at on their own merits and the evidence provided. However, in all cases, the parties can expect us to:

Listen – as an evidence gathering service, the first thing we would do is to allow the parties to have their say. By listening to both, using a variety of communication channels, we find the grievances are aired and everyone is better placed to come back together to discuss options to resolve the matter amicably;

Be Independent – we are neither a trade body nor a consumer advocate and as such we take a neutral position and assess the information which the parties have provided to us.

Be Accessible – A consumer’s unique circumstances can impact on their ability to access the service and this is built in to both Rail Ombudsman processes and also to the scheme rules where additional time might be needed to bring a claim or accept an award. Our service is simple and easy to use, whatever the needs of the parties. We have taken steps to ensure anyone can contact us and let us know their communication preferences and our team are friendly, professional and approachable.

Be Consistent – whilst our decisions do not set precedents, our legally trained ombudsman team make consistent decisions based upon the facts before them, the consumer’s legal entitlement, always underpinned by moral fairness and natural justice.

Be Fair – we listen to both sides and come to a fair resolution, which in some instances may be something which neither party had considered before.