This week the BBRS has started its Post-Implementation Review (PIR). The PIR was agreed in principle ahead of the BBRS’ launch in February 2021 and is intended to establish how well the BBRS has delivered the recommendations of the UK Finance response to the 2018 Walker Review, into the complaints and alternative dispute resolution (ADR) landscape for the UK’s Small to Medium sized Enterprise market (SME). The full Terms of Reference have been included below.  

The PIR is being conducted by an independent and external review team. The team has extensive experience of working with central government and public sector organisations, delivering improvements to their operations, programmes, and projects. The review will be performed in part using interviews with key stakeholders, combined with an assessment of relevant documentation. 

It has been agreed by the BBRS Board of Directors that it is too early in the life of the organisation to evaluate the operational effectiveness of the BBRS. The PIR will, therefore, be undertaken in two parts. The first half of the PIR will review: 

• the scope of the operation of the Implementation Steering Group (ISG).  
• the nature and scope of the BBRS as set out in the legal architecture. 
• the ability of the BBRS to operate with its independent leadership and governance. 

The second stage will review the effectiveness of the BBRS and how well it is delivering against Scheme Rules and operational plans. The timing of stage two will be determined in the first half of 2022. 

Mark Grimshaw, CEO of the BBRS, said:  

“The Post-Implementation Review presents a terrific opportunity for the BBRS to take stock after nearly a year of live operations. We have invited a range of stakeholders to take part in the first stage of the PIR, and we look forward to engaging with them.  

“In addition to questions around the first stage of the PIR, we have asked the review team to make recommendations for the Terms of Reference for the second stage.”   

-Ends- 

Background 

Post Implementation Review Terms of Reference 

The purpose of the PIR is to review how well the BBRS has delivered the recommendations contained in the UK Finance response to the Walker Report (the Recommendations), by: 

• assessing the nature and scope of the service set out in the legal architecture of  the BBRS as approved by the ISG against the Recommendations.  
• Assessing how the ISG went about its work in establishing the BBRS (e.g., its processes and stakeholder engagement).   
• Reviewing the ability of the BBRS within the established framework, to deliver the principles set out in the Terms of Reference from the ISG:   
  1. independent leadership and governance.  
  2. ability to draw on expertise, including legal expertise. 
  3. fair and reasonable decision making. 
  4. transparency (e.g., through being able to receive in-person or written testimony from businesses). 
  5. the ability to receive and deal with appeals against its decisions; call for relevant evidence on specific issues from either party to a dispute; deal with consequential loss claims; refer businesses to alternative fora if this may be more appropriate.