Certain types of complaints cannot be considered under the complaints scheme – see paragraph 3.4 of the Complaints Scheme for further details
2. Not investigated
Even if your complaint is one which is covered by our complaints scheme, we may decide not to start an investigation of your complaint because, for example:
- the complaint would be better dealt with elsewhere
- the complaint relates to continuing action by the regulator and we consider that this action should be completed before we investigate the complaint.
If we decide not to investigate, we will explain why.
Where the complaint relates to an issue which is connected to ongoing action by the regulator we may decide to defer our investigation until the regulator’s actions have been concluded. If we choose to do this, we will explain why we feel this is appropriate and invite the complainant to contact either us or the regulator when the regulator’s actions have been concluded.
4. Not upheld
Following an investigation the Commissioner may decide that the regulator acted appropriately, and they are therefore unable to uphold the complaint. In these cases, the Commissioner will set out fully why they have reached that conclusion.
Following an investigation the Commissioner may decide that the regulator acted inappropriately or made errors, and the complaint should be upheld. Where the Commissioner does this they may recommend that the regulator should:
- make an apology to the complainant.
- take steps to remedy the error.
- change its procedures.
- make a compensatory payment to the complainant.
Where the Commissioner upholds a complaint, the regulator must tell the complainant and the Commissioner what steps they propose to take in response. The Commissioner cannot force the regulator to implement their recommendations, although the regulators nearly always adopt them. The Commissioner can require the regulator to publish its response.