Complaints procedure - External

Below you will find the GLAA external complaints procedure.

18 July 2022

A pdf version of this page can be found via the link below:

GLAA External Complaints Procedure

1. The GLAA is committed to being open and responsive to complaints from the public. Complaints can be made in any format, but preferably in writing, sent to complaints@gla.gov.uk.
2. This complaints procedure does not cover:

• appeals against licence decisions – see Appeals process;
• other policy decisions that we are empowered to make as part of our regulatory activities, such as setting licence fee levels;
• complaints about how we have handled requests for information under the Freedom of Information Act 2000 or Data Protection Act 2018, including the General Data Protection Regulations (GDPR);
• matters which are the responsibility of other bodies such as the Home Office;
• complaints against licensed organisations (such information should be submitted as potential intelligence to intelligence@gla.gov.uk and we will deal with it accordingly as set out in our intelligence procedures);
• our relationship with our employees and between employees;
• contractual or commercial disputes involving us;
• matters that have become the subject of legal proceedings or are under police investigation, or where sanctions have been imposed to which an alternative appeal mechanism applies;
• dissatisfaction with a policy the GLAA has adopted, including the complaints policy;
• an attempt to reopen a previously concluded complaint or to have a complaint reconsidered where the GLAA has already given a final decision.

3. The GLAA will aim to respond to complaints within the following target timescales:

4. If you wish to make a complaint you should make it normally within six months of the date of the incident(s) in question, or the conclusion of any legal process that has been undertaken by the GLAA.
5. Where more than six months have passed since the incident you have complained of you should include an explanation for the delay in making the complaint. We will then decide whether your complaint is considered to be ‘out of time’ or whether exceptionally it will be considered.
6. If you make a complaint that requires an investigation (for example into a complex matter involving officer conduct) it is possible that the enquiry may take longer than 20 working days to complete. In such circumstances you will be notified that the original deadline will not be met, and you will be provided with an indication of when a reply or further communication may be issued. Where this is required it should be sent to you as soon as the situation is identified, and before 20 working days have elapsed.
7. If you contact the GLAA by telephone and make a complaint you will be asked if you wish to make a formal complaint. If so, you should be advised to put your complaint in writing, preferably by email to complaints@gla.gov.uk.
8. If you do not wish to put your complaint in writing but want the complaint to be considered, you will be asked to supply details of the complaint to enable it to be fully examined. You will be asked to supply your contact details. If you do not provide this information, it may not be possible to properly consider the complaint. Nor will we be able to notify you of the outcome of the review of your complaint. Your complaint will be considered independently of the area or activity of the GLAA you are complaining about.

Complaints against GLAA Officers

9. If your complaint concerns the GLAA’s use of investigation powers you can find more information on those powers, conduct of GLAA officers, and details of how to complain on our website in the Code of Practice[1] on the use of powers.
10. We treat all complaints seriously including those concerning our officers. We will need to advise the nature of the complaint to any Officer complained about. We may also need to interview you to obtain more details about the complaint in order to investigate it thoroughly.
11. If your complaint concerns the conduct, and use of our wider enforcement powers, you should address your complaint to the Independent Office for Police Conduct (IOPC). The IOPC has the authority to investigate such complaints.
12. If you complain to the IOPC they will decide whether the complaint requires investigation, or if it should be referred to the GLAA to investigate. In all circumstances you will be kept informed of the decision on how the complaint will be handled.

13. You can find out more about how to make a complaint to the IOPC at: https://policeconduct.gov.uk/complaints-and-appeals/make-complaint.

14. Further detail on the legislation that provides the IOPC with oversight and investigation of complaints against authorised investigators when undertaking investigations using its powers is available on the UK legislation website[2].

15. You can contact the IOPC at:

Telephone: 0300 020 0096 (press 2 at prompt)

Email: enquiries@policeconduct.gov.uk

Website: www.policeconduct.gov.uk

At the conclusion of the complaint investigation

16. Once your complaint has been fully examined you will receive a response. The response will tell you whether we consider the complaint to be upheld. We will also tell you what action we have taken. If the complaint was about a particular GLAA Officer they will be advised of the response we have issued to you. Our letter will also advise you what to do if you are not satisfied with the decision reached. If you are not satisfied with the outcome you may write to the GLAA’s Chief Executive within 10 working days of the date on the letter we send to you.

Complaints to the Parliamentary and Health Service Ombudsman (The Ombudsman)

17. If you remain dissatisfied after the GLAA’s complaints procedure has been exhausted, you may wish to make a complaint to ‘the Ombudsman’. The Ombudsman deals with complaints about maladministration by public bodies. Any complaint must be made via your Member of Parliament.

18. The Ombudsman seeks to establish whether a public body has acted correctly and fairly in carrying out its interpretation of the law. Cases for investigation may include those where a public authority:

• is alleged to have done something in the wrong way
• has done something they should not have done or
• has failed to do something which they should have done.

19. The Ombudsman can recommend a variety of remedies, including the payment of compensation to complainants and the revision, adherence to, or clarification of administrative procedures. Further information is available from:

Tel:                 0345 015 4033

Website:         https://www.ombudsman.org.uk/

Report Author: Megan Bethell, Governance Officer

Senior Responsible Officer: Daniel Scully, Chief Operating Officer

[1] Code of practice on compliance enforcement and investigations Jan 2019 (gla.gov.uk)

[2] http://www.legislation.gov.uk/uksi/2017/520/contents/made