Is the Commissioner’s decision final?
Once the Commissioner has issued their decision it concludes their involvement in a complaint.
The Commissioner may occasionally re-issue a Final Report to correct factual inaccuracies where they have a bearing on the outcome, and may reopen the investigation if new evidence which the Commissioner deems material is provided (such evidence may first have to be sent to the FCA for its initial consideration). However, these occasions are rare.
A complainant who wishes to challenge the Commissioner’s decision can apply to the High Court (at their own expense) to seek leave to apply for a judicial review of the Commissioner’s decision. The Court itself has to give leave before it considers whether or not there should be a judicial review of the decision.
An application for leave to apply for judicial review must be made to the Administrative Court Office at the Royal Courts of Justice within three months of the date of the Commissioner’s decision letter. A complainant who wishes to consider doing this may wish to seek their own legal advice (which will be at their own cost) before approaching the High Court, since complex legal issues may arise.
If you have a complaint about our service standards, please see our policy section for further help on how to complain.