It is not our role to punish the Collective Management Organisation when deciding what solution to provide. Our awards will be proportionate and will take into account all of the facts in the complaint.
How might things be put right?
If we decide to make an award, and you accept it, the Collective Management Organisation must take the action that we require. This might include:
- a service or a practical action. For example remove charges which have been incorrectly billed;
- an apology; or
- a financial award
If a financial award is needed, this will be an amount that we consider appropriate to the individual complaint. We can award up to £5,000 but the most common award is much less, around £50.
So that the same problem is less likely to happen again, we may also recommend that the Collective Management Organisation should make changes to its policies and procedures. We also work with them to improve their services and learn from the complaints we have handled.
Accepting the ombudsman’s decision
We will work with the consumer and the Collective Management Organisation to reach the best solution to the problem. In many cases we are able to do this quickly by speaking to both parties. If the complaint is very complicated or either party finds it difficult to reach a mutually acceptable settlement, we will write a report which gives our decision.
If the consumer accepts the ombudsman’s decision the Collective Management Organisation must take the action we require. If the consumer declines the decision or fails to respond to us within the given timeframe, the consumer loses the right to the solution offered but remains free to complain in another way, for example through the courts.