To mark OmbudsDay, we’ve caught up with ombudsman Alex Barnes to find out about his career background and the importance of his role for consumers and businesses.
Alex graduated in law, and went on to complete the Legal Practice Course (LPC) and a Masters degree with BPP University.
Prior to joining The Motor Ombudsman, Alex worked as a consumer law arbitrator, where he made decisions on a wide variety of cases, ranging from utility disputes to faulty goods and unfair contracts.
“I of course really enjoy the work that I do, but it’s definitely the people that make a job what it is”
TMO: What do you think are the key skills and qualities that you need to be an ombudsman?
AB: I think attention to detail and patience in order to have a holistic view and a greater understanding of the dispute as a whole, are amongst the key skills and qualities needed to be an ombudsman. Complaints can sometimes come with an element of emotion for consumers, and therefore showing empathy and that you have fully understood the dispute, helps people to accept the outcome even if it does not go in their favour.
TMO: What kind of evidence do you base a final decision on?
AB: I use a wide variety of evidence to reach my decisions. This includes technical reports, my own independent research, circumstantial evidence, call recordings, CCTV, videos and photographs etc. I will also look at the evidence used in the adjudicator’s decision to gain a full understanding of the case up until the point that I work on it.
TMO: How complex are the cases that you work on, and does this vary by Code?
AB: Vehicles are incredibly complex machines, so some cases can take more time than others to work on, depending on what the issue is. I definitely find service and repair cases require the most technical knowledge. This is often because I am comparing the actions of a repairer to an alternative “hypothetical repairer” (a reasonable professional). As a consequence, I have to know what that hypothetical repairer would have done to decide whether the work undertaken on the customer’s vehicle was carried out to the required standards.
TMO: How do you ensure that impartiality is maintained at all times in your decisions?
AB: Impartiality is maintained at all times and, as I personally have no vested interest in any dispute, we simply want to find the best and fairest way to resolve it.
TMO: Is there any kind of evidence that you are unable to consider as an ombudsman?
AB: Hearsay i.e. verbal evidence, cannot be taken into account for ombudsman decisions. This is essentially evidence where someone is telling me what another person has said, but there is no written documentation supporting this on the case file. For example, a consumer may say: “I spoke to my mechanic who told me there was a manufacturing defect with the vehicle”. In this scenario, I would need to see what the mechanic said/wrote in their own words.
TMO: What sparked your interest in law, and how does a legal degree help you in your role as an ombudsman?
AB: I studied law at A-Level, and had a fantastic teacher who really brought the subject to life and inspired me. I therefore moved away from the sciences and chose to pursue law at degree level.
In my mind, a law degree is essential to my role. I am often dealing with complex terms of contract and interpretations of legislation, so it not only teaches you about specific regulations, but also how any law(s) should be read, interpreted, and how the law functions as a whole. In addition to that, it has developed my formal, informative writing style and drafting capability, all of which I think are essential to the ombudsman role.
TMO: What drew you to work in the motor industry?
AB: I like the complex nature of the area – it allows me to really get stuck into a case and devote time into understanding the intricacies of what has led a vehicle to go wrong. I hope one day it will save me some heartache with my own car!
TMO: What do you enjoy most about working at The Motor Ombudsman?
AB: I of course really enjoy the work that I do, but it’s definitely the people that make a job what it is. The Motor Ombudsman has a great working culture and ethic, and the team is a reflection of that. Of all the jobs I’ve had so far, the staff at The Motor Ombudsman have been the most welcoming, friendly and supportive.
TMO: What do you like to do in your spare time?
AB: I like to spend my spare time actively doing things. At the moment, I’m addicted to martial arts, running and snowboarding!
Interview conducted in October 2022.
Read our Q&A with our ombudsman Greg Byron here.
