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Writer's pictureSteve Conley

When Those in Power Become a Law Unto Themselves


Ah, the great machinery of fairness in action- where complaints go to die, stamped out with all the charm of a bureaucratic overlord who's too busy marking their own homework to care.

In an increasingly disillusioned society, we are witnessing a disturbing trend: powerful organisations and institutions blatantly disregarding the recommendations of supposedly independent arbiters. From the Waspi women’s fight for justice being ignored by the Labour government to the Financial Conduct Authority (FCA) brazenly dismissing rulings by The Complaints Commissioner, one might wonder: what’s the point of these arbitration mechanisms if they are merely toothless watchdogs?


Marking Their Own Homework

Let’s start with the FCA. Imagine a firm’s exasperation when navigating an outdated, clunky system designed to ‘submit’ mandatory documents. The system’s ‘Submit’ button isn’t easy to find. The firm misses the button, but surely, with a reasonable explanation and a modicum of goodwill, the FCA will waive the £250 late fee? Nope. Despite The Complaints Commissioner agreeing that the system is problematic and advising leniency, the FCA firmly declines. They’ve decided, unilaterally, that fairness and common sense don’t apply here.


Their reasoning? The button was there, technically. And oh, the firm got reminder emails, so the fault lies squarely with them. Never mind the flawed system that even the FCA admits will need ‘visual improvements.’ Why bother having an independent Complaints Commissioner if their decisions can be binned like yesterday’s sandwich wrapper? The FCA is judge, jury, and executioner in its own regulatory courtroom.


Ignoring the Ombudsman: A New Standard of Disregard


It’s not just regulators overstepping the bounds of reason. This week, the Labour government—you know, the supposed champions of fairness and justice—decided to snub the Parliamentary and Health Service Ombudsman’s recommendations on compensating Waspi women. These women, many of whom face financial ruin, were blindsided by changes to their state pension age, with abysmal communication from the government.

The Ombudsman called for modest compensation of £1,000 to £2,950 per woman. Yet the government has shrugged it off, citing “fairness to taxpayers” as if the taxpayers in question aren’t the very women whose lives they’ve disrupted. This is not just a refusal; it’s a slap in the face of justice and accountability.


A Mockery of Arbitration

When organisations or governments ignore the findings of their own appointed ombudsmen or commissioners, they undermine the very fabric of democracy. These arbitration mechanisms are meant to serve as impartial mediators, a safeguard against the overreach of powerful institutions. But what use are they if their rulings are mere suggestions to be cast aside whenever inconvenient?


The signal to ordinary people is clear: the system is rigged. Rules are for the little people. If you’re a powerful regulator or a government department, you’re not bound by the same expectations. You get to make the rules, enforce the rules, and when the rules don’t suit you, simply disregard them.


Impact on Democracy


What does this mean for democracy and consumer rights? Nothing good. When powerful entities operate as a law unto themselves, they erode public trust. Why should citizens engage with ombudsmen, file complaints, or appeal decisions if the outcome is preordained by those with the power to ignore it? This breeds cynicism and apathy, both of which are toxic to a functioning democracy.


Worse still, it creates a precedent for other organisations to follow suit. Why would any company or regulator bother to take independent arbitration seriously if even the FCA and the government don’t?


Conclusion


This isn’t just about £250 fines or pension injustices. It’s about accountability, fairness, and the integrity of our democratic systems. If those in power can dismiss independent rulings without consequence, they’re not just marking their own homework; they’re rewriting the syllabus to ensure they never fail. And the rest of us? We’re left holding the bill for a system that no longer serves its people.


So, the next time someone extols the virtues of independent arbitration, ask them this: “Does it come with a guarantee that anyone in power will actually listen?” Because, right now, it appears the answer is a resounding ‘No.’


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