The BBC, Jo Swinson, and a bloody great big stone wall

To recap, readers may recall that, two months ago (it really was that long), I got my knickers in a twist over an article in the Telegraph about Jo Swinson MP and her expenses. I – and others – complained to the Telegraph – as well as the Guardian and the BBC. We got a response from the Telegraph and a clarification from the Guardian, but nothing, nada, zip, from the BBC.

Last month, I complained again to the BBC, not just about the specific complaint but the way the BBC handles complaints. That full complaint can be found at the bottom of this piece. Again, for a month, I heard nothing. I phoned them last week to be told that the complaint had been referred and that they would do a little chasing. I was about to start escalating things when this afternoon I finally got a response from the BBC from a Mr Jolly (presumably not this one, and certainly not this one [or even this one]):

Mr Graham,

Thank you for your e-mails and please accept my apologies for the delay in responding. I’ll come to the issue of our complaints process shortly but first your substantive complaint. I have asked our political editor for a response, and this is his reply:

The piece you refer to was where we reported the “Claim” by the Telegraph and, where appropriate, the MP’s “Response”. The Telegraph said receipts submitted to the fees office by Ms Swinson, for reimbursement, included the items. They said she had denied claiming for the eyeliner. We reported both those facts. They published the receipt on their website. Ms Swinson had told them that the eyeliner was not claimed for but had been on a receipt with other items claimed for. The Telegraph said only cosmetics appeared on that receipt.

The page you refer to is a summary page and it is not possible to go into all this detail on it. The redacted version of the expenses claims from Parliament fails to clear the matter up as the receipts in question are redacted so it is not possible to compare the value of the claim with the receipt submitted. There is no doubt about the tooth flosser however as Ms Swinson wrote that herself on to the claim form and it was not redacted when published.

As for our complaints procedure, the page you selected to make your complaint was the General Feedback webform. You should have received an automatic response which said: “We are unable to answer all e-mails individually due to the large amount of feedback we receive.” There is a separate form for complaints, which would have been a better place for your correspondence. This would then have ensured a reply. We would disagree that the options offered on the Newswatch page are confusing; it’s really for senders to determine the nature of their correspondence. To have all e-mails going to one inbox where they are guaranteed a response would mean us replying to several hundred e-mails a day from our department alone. So, your e-mail was read, but it was felt that no action was needed to alter our story and no reply was sent.

Your second complaint was made via the BBC’s central complaints website and was forwarded to us the following day, and then passed on to the political team. I can only apologise for the delay in responding; that is down to us.

Best wishes,

Ian Jolly
News website

This, sadly, is the sort of response I thought I’d get. A terribly polite explanation about why I am wrong in every single way and should just learn to love Big Brother Auntie Beeb. I was further irked to read at the footer:

This e-mail (and any attachments) is confidential and may contain personal views which are not the views of the BBC unless specifically stated.
If you have received it in error, please delete it from your system.
Do not use, copy or disclose the information in any way nor act in reliance on it and notify the sender immediately.
Please note that the BBC monitors e-mails sent or received.
Further communication will signify your consent to this.

So not only is this email confidential, but if I reply to it I am “signifying my consent to this” – this is a fascinating example of Kafka-esque logic (don’t think about it too hard as it may give you a headache. Anyway, without further ado, I have sent them this response:

Dear Mr Jolly,

First of all, I have to say that I do not accept that this email is confidential. There is no reason for it, we are discussing things that are in the public domain and it would appear to go against the principles of the Freedom of Information Act which the BBC is subject to. I will be publishing your response, and my reply, on my blog.

Secondly, thank you for eventually replying to this. I would be happy to accept your apology if you could do me the courtesy of explaining a) why such an extraordinary delay and b) what specific action is being taken to prevent such delays in future.

Working backwards in your email, for the record I did NOT receive a response from your complaints website when I submitted either complaints. I did check my spam box at the time, and have just done so again. Have you checked to see if this facility is in fact working?

You state that “We would disagree that the options offered on the Newswatch page are confusing; it’s really for senders to determine the nature of their correspondence.” I was taken to that page upon clicking the option for “General comment For comments, criticism, compliments and queries about the BBC News website or coverage of an event or story.” At that stage, technically, I was asking for a correction; I wasn’t issuing a complaint.

Instead of merely asserting that you are right and I am wrong, what research have to carried out to ensure that people are not being confused by this? Are you willing to concede that if such research has not been carried out, it should be considered in the interests of providing a good public service?

In terms of the complaint itself, you state that “the page you refer to is a summary page and it is not possible to go into all this detail on it.” This may be so, but that is no excuse for inaccuracy. Your piece – and your response – IS inaccurate. You state that “the Telegraph said receipts submitted to the fees office by Ms Swinson, for reimbursement, included the items” but the Telegraph article (whatever other issues I may have with it) goes to great length to make it clear that NOT all the items on the receipts were submitted for reimbursement.

As for the argument that this subtle nuance could not be included due to the need for brevity, the Guardian article (which they have accepted WAS misleading, but for other reasons) stated: “Cosmetics included in her receipts” – that is strictly speaking accurate. You could amend your article along similar lines of:

“The Dumbartonshire East MP, the youngest in the Commons, submitted receipts to the Fees Office for a number of items including eyeliner, a £19.10 “tooth flosser” and 29p dusters.”

That is 29 words, as opposed to the original which was 26 words. If you are really worried that this makes it too long, you could remove “the youngest in the Commons” which is entirely irrelevant (and could be inferred as innuendo in any case) and would save you 5 words.

What I find most outrageous of all however is your refusal to even take action on changing the name of the constituency. There can be no argument here. Her constituency is called East Dunbartonshire or Dunbartonshire East. There is a seperate constituency called Dumbarton. Do you think it is unreasonable of me to surmise that given your failure to even make this correction, you aren’t taking this complaint seriously?

There are a number of questions there. However, given how long it has taken you to reply to my formal complaint, I feel it is reasonable that you answer them.

Yours sincerely,

James Graham

Sadly, I think my chances of getting anything out of these – even for them to correct the name of the constituency – are pretty remote. There is a wider issue about how the BBC handles complaints. As a public service, it ought to be better than the typical newspaper; instead it is considerably worse. I’ve been thinking a lot about this recently and can feel a campaign percolating in my brain.

Finally, I should belatedly link to this article on journalism.co.uk, with full marks to Stephen Tall for taking Andrew Pierce to task.

On 23 May 2009, I wrote a complaint to the BBC regarding the above mentioned article using the BBC News’ Newswatch service (http://news.bbc.co.uk/newswatch/ukfs/hi/newsid_3990000/newsid_3993900/3993909.stm). To date I have received no reply.

On the same day, I issued similar complaints to the Daily Telegraph and the Guardian, both of which were replied to within seven days. I am therefore writing to complain about two matters:

a) The content of this specific web page.

b) The way in which the BBC handles comments and complaints.

THE CONTENT OF THIS WEB PAGE

See NOTE 1 regarding my original complaint, and NOTE 2 regarding my complaint to the Daily Telegraph. Since writing these complaints, I have had a reply from the Daily Telegraph who wrote the following:

“Thank you for your email of 27 May 2009, which was addressed to telegrapheditorial.

“While we note your comments, we believe that the above article was written and in a way that will be readily understood by our readers. The facts are not in dispute and Jo Swinson was given full opportunity to respond. Following publication we were contacted by a Liberal Democrat press officer on Ms Swinson’s behalf. This was only to draw our attention to part of a headline on the website version of the article, whichwas then modified as requested. The matter was resolved amicably and no other issue was raised.

“We are satisfied that there has been no breach of the PCC Code of Practice.

“Yours sincerely,

“Rhidian Wynn Davies
“Consulting Editor”

The Guardian also issued the following correction regarding their own coverage of the story (http://www.guardian.co.uk/theguardian/2009/may/27/corrections-clarifications):

“In the category Cheapest claims, we stated without qualification that cosmetics were included in receipts submitted by Jo Swinson, Liberal Democrat MP for East Dunbartonshire (23 May, page 6). Jo Swinson has denied claiming for these makeup items, telling the Telegraph, which originally reproduced one of her receipts, that the cosmetics appeared on a Boots receipt for other items she was claiming.”

The nature of my complaint to the Telegraph and Guardian was different to that of the BBC in that, while I assert the newspapers had both written misleading articles (something which the Guardian now acknowledges), neither of them had issued factual inaccuracies, the BBC article was factually wrong. To reiterate: the BBC story states that Jo Swinson claimed for “eyeliner, a £19.10 ‘tooth flosser’ and 29p dusters” while the original Telegraph article merely states that they appeared on receipts that were submitted. Indeed, the Telegraph makes it clear that not all the items on the receipts were claimed for.

I would still object to the BBC using the same precise wording in the Telegraph article as it is misleading (why is it newsworthy that an MP purchased makeup out of her own pocket). But the BBC, to date, have not even gone that far.

THE WAY THE BBC HANDLES COMPLAINTS

I have always been critical of the way the BBC handles complaints. At the top end of the scale it has programmes such as Points of View and Radio Four’s Feedback which appear to exist for no better reason than to provide BBC producers and opportunity to condescendingly explain why viewers and listeners are wrong to complain about their programmes.

Since the rise of the internet, the BBC has failed to use this opportunity to make itself more accountable and responsive to complaints, even ones of a purely factual basis.

To take my specific complaint as an example, as a minimum I should have right to the following basic service in terms of handling my complaint:

*

If a direct email address is not an option, I should have been able to upload supporting documents.
*

I should have received an acknowledgement that the message sent via the web form had been sent, including a copy of the original complaint for reference (I anticipated this on this occasion).
*

I should be able to track the progress of the complaint online and be able to see if it is still being processed and what the conclusion has been.
*

If any correction is made, the website in question should include an acknowledgement that it has been revised.

Most decent complaints services in the commercial sector provide this level of service as a matter of routine.

In my case, I have no evidence that my complaint has been dealt with at all. While the picture of Jo Swinson has been corrected (which I only mentioned as an aside), the fact that her constituency name has been wrongly listed has not. While I would content that all of my complaint is purely of a factual nature, the question of her constituency’s name is surely beyond doubt (for the record, there are three similarly named constituencies: Dunbartonshire East, Dunbartonshire West and Dumbarton)? I certainly have never received any acknowledgement.

It is not clear from the website whether I should use the “Newswatch” section in the first instance or use this service as a matter of course. I assumed that Newswatch should be used in the first instance while a formal complaint such as this should only followed if I was not happy with the initial response. The BBC website does not clarify this and it is most confusing. It would appear that complaints issued via “Newswatch” are not dealt with at all. I can only hope that complaints made via this route will be treated with more respect.

So, irrespective of the conclusion of my specific complaint, I am asking you to look into how the BBC might better handle complaints in future.

Yours faithfully,

James Graham

NOTE 1

Original Complaint Submitted on 23 May 2009:

I am writing with regard to your section on MPs expenses, and specifically your coverage of Jo Swinson MP’s alleged claims (http://news.bbc.co.uk/1/hi/uk_politics/8047390.stm#swinson_jo).

I have already written to the Telegraph about this story (see below). Your article goes significantly further than the Telegraph article. The Telegraph at all times are careful not to actually claim that Jo Swinson MP claimed cosmetics on expenses, merely that cosmetics had appeared on receipts that had been submitted to the Fees Office (nonetheless, I would still contest that this is highly misleading – and almost certainly mislead you).

By contrast, the BBC article baldly asserts – without any substantiation whatsoever – “The Dumbartonshire [sic] East MP, the youngest in the Commons, put a series of small claims on expenses, including eyeliner, a £19.10 ‘tooth flosser’ and 29p dusters. ”

It is wholly unacceptable of the BBC to republish – and indeed embellish – claims made by a commercial newspaper without seeking to substantiate them first. This isn’t journalism, this is engaging in a game of Chinese whispers. I would therefore ask that you publish a retraction to this story, together with an apology to Jo Swinson.

If I do not hear from you within seven days, I will take this matter further with the BBC Trust.

Yours faithfully,

James Graham

PS As an aside, I should point out that Jo Swinson’s constituency is called East Dunbartonshire and that photograph you are illustrating this story with is of Alan Beith and Diane Maddock.

NOTE 2

Complaint to Daily Telegraph, 23 May 2009:

Dear Mr Lewis,

With regards to your article “Tooth flosser, eyeliner and 29p dusters for the makeover queen” (page 6 of Daily Telegraph #47,888, Thursday 21 May 2009):

First of all, I would like to remind you of the Press Complaints Commission’s Code of Practice – of which the Daily Telegraph professes to follow:

“Accuracy

“i) The Press must take care not to publish inaccurate, misleading or distorted information, including pictures.

“ii) A significant inaccuracy, misleading statement or distortion once recognised must be corrected, promptly and with due prominence, and – where appropriate – an apology published.”

The aforementioned article contains a number of misleading statements. A superficial reading of the article would lead the casual reader to assume that the record of Jo Swinson MP’s expenses claims demonstrate that she had claimed for makeup and dusters. However, a more careful reading reveals the following information:

1 that although receipts containing those items had been submitted, there is no actual evidence that these specific items had been claimed for. Indeed, this claim is explicitly denied by Jo Swinson herself and no evidence has been brought forward to give us cause to doubt this whatsoever.

2 furthermore, that in at least one case the items which had been claimed for were clearly marked by an asterisk. In the case of the eyeliner and dusters this was not the case.

3 the claim that Jo Swinson is ‘known in Westminster for the attention she pays to her appearance’ is entirely unsubstantiated and innuendo-laden. There is nothing remarkable about a Member of Parliament not wishing to look unkempt; indeed they would be open to criticism if they did so.

4 the headline epithet ‘makeover queen’ is equally unsubstantiated. No-one appears to have called Jo Swinson this apart from the article’s author, Rosa Prince, herself.

5 the page design is clearly intended to convey the idea that Jo Swinson has had numerous ‘makeovers’ – yet the photographs provided are merely pictures of her looking slightly different over a period of eight years.

The article, ostensibly about MPs’ expenses, is clearly intended to convey the impression that Jo Swinson has been buying makeup and charging taxpayers. Given that the article itself contains no evidence whatsover to indicate that this might be the case, the article is certainly misleading. Including a denial by Jo Swinson does not go anywhere near to correcting this as it works on the ‘no smoke without fire principle.’ Furthermore, nowhere in the article do you state Jo Swinson’s impeccable record in calling for MPs’ expenses to be published and for the system to be reformed.

The ultimate effect of this article is to smear an MP with a strong track record of reform with the same brush as some of the worst offenders. This is a complete distortion.

I must ask you to publish a retraction of the article, making it clear that there is no evidence that Jo Swinson MP has claimed the cost of her makeup on expenses. If I do not receive a response from you within seven days I will take the matter further with the Press Complaints Commission.

Yours sincerely,

James Graham