Regulation 27 Appeals relating to complaints dealt with other than by investigationI1

England and Wales

(1)

The complainant shall have a right of appeal to the relevant appeal body against the outcome of any complaint that is—

(a)

subjected to local resolution; or

(b)

handled otherwise than in accordance with these Regulations.

(2)

On an appeal under this regulation, subject to paragraphs (3) and (4), the relevant appeal body shall—

(a)

determine whether the outcome of the complaint is a proper outcome; and

(b)

if the relevant appeal body finds in the complainant’s favour, give such directions as the relevant appeal body thinks appropriate to the appropriate authority as to the action to be taken in relation to the complaint’

and it shall be the duty of the appropriate authority to comply with any directions given under paragraph (b).

(3)

Paragraph (2) does not apply in a case where the Director General is the relevant appeal body in relation to the appeal.

(4)

In such a case—

(a)

the appeal shall determine whether the outcome of the complaint is a proper outcome; and

(b)

if the appeal finds in the complainant’s favour, the Director General must take such action as the Director General thinks appropriate in relation to the complaint.

Annotations

Commencement

I1: Reg. 27 in force at 7.10.2013, see reg. 1(1)