I would urge anyone who has been a victim of the OS:P to write to their elected representatives (MP, MSP, AM, etc) and demand action to establish a statutory ombudsman for surveyors. The profession has, for too long, been able to regulate itself and the complaints processes they have established are demonstrably failing. They are getting off lightly compared to the focus financial services firms have received for example (FOS, FCA, BoE, etc, all statutory bodies).

I can't currently post links as I haven't been active enough on this forum but I saw a 2015 article on Property Industry Eye entitled "Ombudsman Services rejects 80% of initial complaints against agents", it should be easy to Google. Things clearly aren't improving! Interestingly after several years of appalling reports from the survey company they were using in 2011, OS:P ditched them. There is a link in that article to their 2014/2015 report. It's all about the numbers but the qualitative stuff, e.g. how people felt about the process, is notable by its absence. I found the whole episode extremely stressful. It took a year and a half to exhaust the surveyor's complaints process, then the ombudsman (a waste of time as we agree) and then court. It set us back a lot of time in renovating our property as we had a small budget and had to retain enough money to cover the remedial work in case we were unsuccessful. For the money we eventually received it was just about worth it but I imagine that a lot of people would just have thrown in the towel or taken the palm-off figure at the first round. Think carefully before proceeding as anything can happen in court. Our case was never actually heard; as the surveyors didn't send any representation, we were awarded a default decree. They then (rather bizarrely) claimed they hadn't been made aware of the proceedings (the court records showed they had been served) and would contest the ruling but a cheque eventually came through in the post.

I dealt just with my local CAB office. The case worker was a distinguished elderly gentlemen who had previously been a lawyer so his expertise and knowledge of the process was a great help. I guess the levels of service may vary locally as the CAB is staffed by volunteers and their levels of experience may differ. In Scotland the maximum award in a small claim was £3,000 at the time. I could have gone to Summary Cause (IIRC) to claim up to £5,000 or to the High Court for up more but that would have exposed me to defence expenses had I lost (and would have meant I hiring a lawyer too). The process elsewhere in the UK is similar.

I exhausted the process as it was advised to me. That is, I appealed the initial decision and, when I didn't accept the outcome of the appeal, I was told that was the end of the matter. From their correspondence: To date, we have investigated your complaint and then reviewed our decision based on your further representations, as per our process. There is no appeal against the ombudsman’s final decision and our involvement in this case has now ended. As previously indicated, you are free to follow other routes to try to sort out the problems in a way that suits you better, but as you have confirmed your rejection of the final decision in writing, you have now lost the right to any remedy we have set out. I wasn't aware of any further level of review (though this may have been different three years ago) and proceeded to contact the CAB who were most helpful in handling my small claim submission to the Sheriff Court. They completed most of the paperwork and even served papers to the surveyor's office.

Hi 0080934. This has become a bit of a zombie thread but, since you posted only a few months ago, I thought I'd reply. I had a terrible experience of the OS:P too and I went to court and won, with help from the CAB! It is possible to make surveyors accountable, indeed the OS:P is, in many ways, just a buffer to stop people getting to court. I have also been campaigning to my MP for two years now but without any action - what can you do if you're ignored by your elected representatives? I've now approached my MSP in the hope of getting something done in Scotland. Here's the body of the letter I originally sent to my MP: --------------------------------------------------------------------------------------------------------------------- As your constituent, I write to request action to make chartered surveyors more accountable by the establishment of a statutory property industry ombudsman. My personal experience and subsequent inquiries have convinced me that this is necessary. My wife and I purchased a house in 2013. The home report had identified no issues, however it soon became apparent there was an extensive damp problem that would cost around £5,000 to fix. Upon complaining to the surveying firm, they offered us £1,000 (if we accepted non-liability on their part), which we felt was derisory. We appealed to Ombudsman Services: Property (OS:P) who found fault with the surveyor. However, to our astonishment, they merely recommended the firm maintain their offer. Rejecting much advice to settle, we proceeded to the small claims court where we were awarded £3,000, the maximum possible. The entire episode lasted more than a year, has been exhausting and stressful and has hampered our renovation plans. We also had to settle for less than we felt entitled to as other legal avenues could have exposed us to extensive legal costs. I can only speak of my own experience however I feel the ombudsman process currently favours surveyors as: • It is not a statutory body but funded by RICS members, who have board representation, thus it is not truly independent. • In our case I felt an exclusion identified by the ombudsman was illogical and weighted in favour of the surveyor but it could not be challenged. • The ombudsman assesses damages based on DMV (diminution in market value) rather than the cost of putting things right, a fundamental flaw. • Even where liability is established, as in our case, the ombudsman’s approach is for both parties to share the cost equally. This is unfair, especially as surveyors will have professional insurance and are not left out of pocket. It is worth pointing out some of the findings of the OS:P’s own customer satisfaction survey from 2010/11: “Many (around two thirds) felt the report was completely or on balance against them, in line with previous years. This did not change even after further representations were made.” “Overall satisfaction levels remain low. Around two in three were dissatisfied with Ombudsman Services: Property’s handling of their complaint. Around one in two would not recommend the service and would not be likely to use it again. As a result, around two in three felt their confidence in dealing with property professionals had decreased.” In my view the OS:P is failing to protect consumers. It is short-changing those who have suffered from the negligence of their surveyor and acting as a buffer to keep cases out of the courts. My wife and I were capable of pursuing our case, but it was still a fraught experience. Moreover, many people are more vulnerable and they need the protection of the state. I think it is time that we had a statutory and truly independent ombudsman for the property services industry. I hope you agree and that I can count on you to seek action in parliament to this end.