ODA Adjudication PanelIn cases where a formal investigation and decision into a member is needed the ODA staff will carry out the investigation and put their findings before an adjudication panel. This page sets out the basics of how a case will be considered by a Panel.
- Panels will generally consist of three members; two lay members and an industry member to be nominated by the Board. The Panel will be chaired by a lay member, generally one with a legal as well as an adjudicatory background. Panels should have a lay majority.
- Panels will consider cases in person at a meeting arranged by the Executive. Exceptionally Panels may consider a case by phone-conference.
- Panels should have case papers a week in advance of their meeting.
- Panels will consider cases “on paper” but it is open to a ODA Member to ask for a slot with a Panel in advance of an adjudication if the ODA Member has any concerns over the ODA’s understanding of their position on the issues in dispute or wish to set out their business model and approach to ensure understanding on the part of those who will sit in adjudication.
- These (informal) representations and any questions that arise from them should be limited to the time necessary to achieve this outcome. The session is not part of the hearing and the hearing is not adversarial with legal or other representation.
- The Executive staff should attend the Panel meeting. They are not party to the decision but present to answer questions related to the investigation and to any recommended conclusion.
- The Executive should provide secretariat support to the Chair to ensure the discussion and decisions are properly recorded.
- Panel decisions are final. Panels may issue reprimands and reminders to members of their Code obligations. They may seek specific changes or assurances necessary to bring a service in line with the Code of Practice. Panels can in the most serious cases conclude that a company should have its ODA membership terminated. It would be for the Panel to communicate this to the ODA board. The board is not there to re-hear the case. It is being asked to decide if the misconduct found merits this sanction.
- Panel And board decisions will be made public (online) with a case narrative that would allow readers to understand the issue and the basis for the decision.
The Adjudication Panel currently consists of three lay members. An industry member will be appointed to the Panel by the ODA Board when required.
Dr Simon Davy
Simon runs independent management consultancy Omega Alpha, working with organisations as a Change Leader to optimise processes and change cultures, bottom up and top down, to achieve better social and economic returns.
He develops and leads educational programmes and his work with charities focuses on the ethical and effective application of data and information management for social outcomes. Simon is an Independent Commissioner with the Direct Marketing Commission and a former chair of the Standards Committee for the London Borough of Bromley.
Aside from being an ODA adjudicator, Andrew is one of the UK’s leading commercial mediators. He settles disputes quickly, confidentially & cost-effectively, especially for people in creative or IP based businesses. As well as handling high conflict disputes between third party businesses, he facilitates disputes that flare up between business partners or inside people’s businesses to stop them escalating or damaging the relationship.
A solicitor, Andrew has spent his career closing multi-party deals for companies big & small. Both as a top ranked senior in-house counsel, heading up legal & business divisions for over 20 years including at Channel 4 & FilmFour and before that, as a partner at Mishcon de Reya.
Michelle is a former practising solicitor from a Magic Circle firm who now helps solicitors (and other professionals) to get more clients and increase their profits without working more hours through her company The Business Instructor.
Michelle was previously Adjudicator/Tribunal Chair of the Code Compliance Panel at Phonepayplus (now the Phone-paid Services Authority) and a Commissioner at the Direct Marketing Commission.