Super-complaints Quick Facts
Relevant or Related Legislation: Enterprise Act 2002 (Section 11)
Current Position:
The super-complaints process commenced June 2003. Applications from consumer bodies wishing to be designated are still being accepted, however, from 31 December 2006 we will be moving to a single date in the year when designations will be made. From that date, designations will be made on 1 October each year, with 30 April being the deadline for submitting applications.
Key Facts:
• Designated consumer bodies will be able to make super-complaints to the Office of Fair Trading (OFT).
• OFT has a duty to respond to a super-complaint within 90 days.
• Possible outcomes of an investigation by the OFT are a reference of the market to the Competition Commission; recommendations for changes in laws and regulations; recommendations to regulators, self-regulatory bodies and others to consider changes to their rules; campaigns to promote consumer education and awareness or a clean bill of health
FAQs
Q1. What is a super-complaint?
Q2. Who can bring a super complaint?
Q3. How can a consumer body apply to be designated?
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Q1. What is a super-complaint?
Section 11 of the Enterprise Act 2002 (EA 2002) enables consumer bodies designated by the Secretary of State to submit “super-complaints” to the OFT where they consider that there is any market feature, or combination of features, such as the structure of a market or the conduct of those operating within it, that is or appears to be significantly harming the interests of consumers.
Q2. Who can bring a super-complaint?
Only those bodies that have been designated by the Secretary of State can bring a super-complaint.
The super complaints process has been set up with the aim of strengthening the voice of consumers, as they are unlikely to have access individually to the kind of information necessary to judge whether markets are failing for them. Consumer groups can access individuals’ complaints to form a judgment on whether there is a problem and then take the necessary action.
However, it is important to remember that any body can still bring complaints to the OFT and the OFT will deal with them. Super-complaints are simply a new route into the system – an initial “fast-tracking” to ensure that complaints about market failure which harms consumers are given consideration within a fixed time.
Q3. How can a consumer body apply to be designated?
Guidance and criteria for prospective super-complaints bodies can be found on the BERR website (see link top right).