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Selected Cases and Summaries of Completed Investigations - April to September 2000
Volume 3 - 3rd REPORT - SESSION 2000-2001
Chapter 2
OFFICE OF TELECOMMUNICATIONS
Case No: C.792/00
Alleged failure to take enforcement action against a telecommunications operator
On 4 September 1997 Mr W wrote asking the Office of Telecommunications (OFTEL) to help resolve a dispute with a telecommunications operator over charges for calls. OFTEL referred the matter to the operator's customer review service in line with their normal procedure for handling complaints involving billing disputes, and told Mr W to write to OFTEL if he remained dissatisfied with the outcome of the review service's investigation. Mr W telephoned OFTEL in November complaining that the review service had not upheld his complaint. He telephoned again in June 1998. OFTEL told him on both occasions to put his complaint to them in writing but he did not do so. On 9 November Mr W telephoned asking OFTEL to take enforcement action against the operator under the provisions of the Telecommunications Act 1984. OFTEL told him to write, which he did the following day. OFTEL replied explaining why they were unable to take enforcement action. In response to further representations from Mr W and the Member in 1998 and 1999, OFTEL maintained their position. The Ombudsman found minor weaknesses in OFTEL's handling of the complaint but considered their position regarding the possibility of enforcement action reasonable in the light of the limited terms in which that issue had been presented to them until November 1998 and the constraints imposed by the 1984 Act. The Ombudsman found no basis on which to question OFTEL's decision not to take enforcement action. He considered remedial action by OFTEL to avoid recurrence of confusion over the precise provisions of the 1984 Act that had arisen when Mr W had telephoned in June 1998 a suitable response to a complaint that he was unable in the main to uphold.
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