1. Eric Houtman, Ombudsman (Dutch Speaking)
ADR conference, Oxford
18 April 2016

2. The Energy Ombudsman
A public and independent federal entity with legal personality
The Ombudsman is appointed by the government for 5 years (renewable)
Funding by energy companies: the number of pod’s per company and the number of complaints per company

3. Free access but only written complaints are accepted
The Energy Ombudsman
Admissibility of complaints: Complaints are admitted only if the complainant has already tried to solve the dispute directly with the electricity or gas company If not admissible, the company must handle the complaint and send a copy of the answer to the Ombudsman Service
Free access but only written complaints are accepted
Suspension of the collection procedure
From the declaration of admissibility of a complaint to the recommendation for an amicable settlement

4. Confidentiality of the information
The Energy Ombudsman
Ombudsman = Entirely independent
The Ombudsman is independent from any electricity or gas supplier
While exercising his powers, the Ombudsman does not receive any instructions from any government
Confidentiality of the information
End of the research of a dispute
A complaint is not further investigated when a legal procedure has been initiated
Further legal procedures are still possible after mediation by the Ombudsman

5. The Energy Ombudsman Transparency and information
Financial (budget 2016: €1,787,000) and human resources (19 FTE)
Data, decisions and recommendations
ADR-procedures and relations with suppliers/DSO/regulators
Related items and activities on consumer protection in the energy sector
Public awareness of the Ombudsman Service
Website or
Bills and websites from energy companies
Press release and publication annual report
Press releases/articles on main findings and actions
Public presentations and brochures
ODR via Belmed

6. Complaint handling process
Step 1
Step 2
Step 3
3 weeks
90 days (once renewable)
Amicable settlement procedure
Complaint reception
Case file reception A
30 days
Recommendation procedure B

7. Powers and interactions of the Ombudsman
recommendations are not binding if the energy company does not accept the recommendation within 30 calendars days
Investigation powers in energy companies regarding complaint case files
Advisory services to federal Minister for Energy and to the Parliament
The establishment of a permanent consultation group with regulators and other public services which gathers at least two times a year.
Classification of disputes according to CEER’s methodology and annual reporting to DG JUST (Consumer Markets Scoreboard)
Creation of « National Energy Ombudsman Network » NEON

8. 4,211 disputes in 2015: Problem Percentage Metering problems 21,0
Invoicing and billing
16,0
Payment issues
14,9
Price transparency
14,7
Sales and marketing practices
10,9
Switching problems
5,0
Quality of service
3,6
Public Services Obligations (regional competence - RC)
5,8
network connection (RC)
1,4
Quality of supply (RC)
0,7
Disconnection after lack of payment (RC)
4,5
Other
1,5

9. Founding member of NEON
National Energy ombudsmen Network
Ombudsmen and mediation services in the energy sector
Independent of the industry
EC Directives 2009/72 and 73 (“Third Energy package”) & Directive 2013/11 on alternative dispute resolution (Article 16)

10. 72,462 energy-related disputes handled by NEON in 2014

11. NEON’s Consumer Code Principles: solidarity and responsibility
Data management and data privacy
Affordability
Prices and tariffs
Price comparison tools
Marketing and sales
Switches
Move-in and Move-out processes
Contractual terms
Unified communications
Easily understandable bills
Information on real-time consumption with smart meters
Complaint procedures, access to ADR and redress

12. “Ombudsmen have the responsibility to engage stakeholders to build trust in the energy market”
Conclusion

13. III. The Consumer Ombudsman Service

14. Why?
Consumers have many questions and complaints, but they are not always sure to whom to turn to.
Several different ombudsman services exist (telecommunications, energy, railways, postal services, financial services and insurance), all working independently from one another.
Not every problem or economic sector had an associated ombudsman or ADR-body, and therefore not all consumer complaints were addressed.

15. Organisation In a nutshell
A single Consumer Mediation Service provides one central point of contact (One phone number, one address, one location).
A new Ombudsman Service for “residual complaints”, next to existing Ombudsman Services and acts itself when there is no other qualified ADR-body that is competent to handle the dispute
An umbrella Consumer Ombudsman Service which acts as a coordinating structure. The existing Ombudsman services will be centralised in one “front office” but each ombudsman service maintains its autonomy, legal framework and area of competence

16. Data 2015 (from June)
2,921 disputes received (278 not admissible, 625 passed on the qualified ADR-entity and 2,174 handled by the service for residual disputes)

17. Thank you!