External Complaints Procedure
Owner: | University Secretary |
---|---|
Author: | Information Governance Officer |
Approved by: | Executive Board |
Date of Approval of this Version: | 22 July 2024 |
Next Review Date: | 1 August 2027 |
Version Number: | V3.1 |
Applicable Statutory, Legal or National Best Practice Requirements: | Not applicable |
Equality impact assessment completion date: | 16 August 2024 |
1. Introduction
1.1 The University welcomes feedback and always seeks to improve. We understand that members of the public or external organisations may, at times, feel that the University's processes fall short of their expectations and we will investigate these incidents and seek to address and learn from these occurrences when appropriate.
1.2 The Procedure is intended to make the process of dealing with an external complaint simple and result in a response being sent to the complainant as quickly as possible.
2. Scope
2.1 The procedure may be used by anyone external to the University who considers that they have been adversely affected or disadvantaged by the activities of the University, its staff or students. This person is referred to as the 'Complainant'.
2.2 However, the following types of complaint will not be dealt with under the Procedure:
- Where the University is not involved with the matter to which the complainant refers;
- Where the University is not in a position to take any action in response to the complaint;
- Where the complaint is made anonymously;
- Where a complaint is made by a third party on behalf of someone else, unless they have given their express consent for the complaint to be made on their behalf, and where this consent has been given directly to the University;
- Where an excessive amount of time has elapsed between the incident that gave rise to the complaint and the date on which the complaint is made;
- Complaints relating to matters which fall under the scope of the University's Public Interest Disclosure (Whistleblowing) Code of Practice;
- Complaints which would be more appropriately addressed under another University policy or procedure, including but not limited to those made by:
- applicants for courses of study at the University;
- students (or parents, guardians, relatives etc. on behalf of a student where the student has consented for another party to act on their behalf);
- former students where the subject of their complaint relates to their student experience;
- employees of the University;
- individuals who have been candidates in employee recruitment and selection exercises;
- users of the nursery and Unique fitness centre;
- Where complaints are frivolous, vexatious or malicious (for example repeated or persistent complaints which are manifestly trivial, or unfounded) or where the complaint is accompanied by abusive, defamatory, aggressive or threatening behaviour. In such cases, the University reserves the right to take further action (for example, legal steps) appropriate to such complaints;
- Where a complaint has been resolved but the Complainant is not prepared to accept the response from the University; and
- Complaints where there is statutory or equivalent right to complain or appeal, for example: in relation to rights of access under the UK's data protection laws, the Freedom of Information Act 2000, the Environmental Information Regulations 2004, or to the Office of the Independent Adjudicator.
3. Responsibilities
University Secretary
3.1 As the executive sponsor of this procedure, the University Secretary will ensure its implementation and will provide an annual report to the Executive Board on external complaints.
4. Principles
4.1 In relation to processing complaints made under this procedure, the University will:
- Treat all external complaints seriously and with respect and courtesy;
- Consider complaints impartially and professionally and within reasonable timeframes.
- Make every effort to resolve complaints quickly wherever possible.
- Give fair and full consideration of all complaints made in good faith.
- Respect the privacy of individuals and obtain and disclose only the information necessary for the complaint to be processed.
- Ensure that individuals are dealt with in accordance with the University's Values, the Equality Act and the Public Sector Equality Duty.
- Learn from complaints, taking appropriate steps to improve services and to better support the wider community.
4.2 The University will use its best endeavours to ensure that any complainant who complains about their treatment due to their protected characteristics is not disadvantaged by this Procedure.
5. Stage 1: Informal Complaints
5.1 Most complaints can be resolved quickly and simply through informal discussion and action.
5.2 Wherever possible and appropriate, the Complainant should contact the member of staff most directly involved with the situation with a view to resolving the issues informally.
5.3 This should usually be done within a month of the matter arising. If the complainant does not know who that member of staff is or does not have their contact details, an email can be sent to the Legal and Governance Department at: externalcomplaints@bradford.ac.uk or by telephoning: 01274 238596.
5.4 The member of staff dealing with the informal complaint will attempt to take any appropriate and necessary action to resolve the issue.
6. Stage 2: Formal Complaints
6.1 If the Complainant:
- Is not able to resolve the matter informally; or
- Is dissatisfied with the outcome at the informal resolution stage;
A formal complaint should be sent to the University, by completing the External Complaints Form and sending it to: externalcomplaints@bradford.ac.uk
Alternatively formal complaints may be sent in writing to: The Legal and Governance Department, D16 Richmond Building, University of Bradford, Richmond Road, Bradford, BD7 1DP.
Anyone who needs to make a complaint in an alternative format should use the contact details in 5.3 above to discuss this.
6.2 A formal complaint must be sent to the University:
- Within one month of the situation or incident arising to which the complainant is referring; or
- If an informal complaint has already been made, within one month of the last date on which the complainant had engaged with the University.
6.3 Where over one month has elapsed since the incident or situation about which the complainant is referring, consideration will be given to any circumstances which have caused a delay in the complaint being made and in particular with regard to the complainant being unable to contact the University, for example due to health reasons.
6.4 Delays can mean that it will be more difficult to investigate a matter where recollections are required, or records may no longer exist and so no complaints can be considered beyond six months after the incident or situation being complained about.
6.5 All formal complaints will be considered initially by the Office of the Vice-Chancellor to determine whether they are valid and can be dealt with under this Procedure, or if not, how they should be dealt with.
6.6 If the complaint relates to a senior staff member, or a member of staff who would otherwise be likely to have involvement in the investigation or resolution of any complaint, staff in the Office of the Vice-Chancellor will ensure that an alternative member of staff who is independent of the matter of the complaint is identified to act in the appropriate capacity.
6.7 If the complaint relates to the behaviour of a member of staff or student, the matter will be referred for investigation under the relevant staff or student conduct procedure, and the Complainant advised accordingly.
6.8 In all other cases, an officer will be appointed to investigate the complaint, the 'Investigating Officer'.
6.9 The Investigating Officer is responsible for determining the appropriate measures to investigate the complaint and recommending any actions to bring the matter to a satisfactory conclusion.
6.10 Where the complaint is due to the complainant's treatment due to their protected characteristics, consideration will be given to identify a suitably experienced Investigating Officer.
6.11 A full written response to the Complainant will be sent to the Complainant in writing within one month. Where this timescale cannot be achieved, for example because of staff unavailability due to holidays or sickness, or because the matter is complex, the Complainant will be advised of the revised timescale.
7. Stage 3: Review
7.1 If the Complainant is dissatisfied with the initial outcome under Stage 2, the Complainant may request a Review conducted by a member of the University's Leadership Group, referred to as the 'Reviewer'.
7.2 Where the original complaint is due to the Complainant's treatment due to their protected characteristics, consideration will be given to identifying a suitably experienced Reviewer.
7.3 The Reviewer will be senior to the member of staff who considered the complaint initially and will either confirm the original decision at the Formal Stage or substitute this for another outcome that they believe more appropriately addresses the matter.
7.4 In order to initiate a Review, the Complainant must complete an External Complaints Review Request Form, within two weeks of the date of the letter, email, etc., advising the Complainant of the outcome of the Formal Complaint at Stage 2 and send it by email to: externalcomplaints@bradford.ac.uk. Alternatively formal complaints can be made in writing to: The Legal and Governance Department, D16 Richmond Building, University of Bradford, Richmond Road, Bradford, BD7 1DP. Anyone who needs to make a complaint in an alternative format should use the contact details in 5.3 above to discuss this.
7.5 The request for a Review must make it clear why they are not satisfied with the outcome at Stage 2 specifying the grounds for the request. The grounds include but are not limited to:
- Lack of procedural fairness e.g., bias, or perceived bias or procedural irregularity/administrative error that materially disadvantaged the Complainant.
- New evidence or evidence that was not available at the time the initial decision was made at Stage 2.
- The initial decision at Stage 2 was manifestly unreasonable (a decision that no reasonable decision-maker would make).
7.6 In all cases, the onus is on the Complainant to demonstrate, through evidence, that they have a valid ground to request a Review.
7.7 The University Secretary will establish whether the Complainant has demonstrated that a Review is justified.
7.8 In cases where the University Secretary has been involved with the case at an earlier Stage, an alternative member of the Executive Board, will undertake the decision at 6.6.
7.9 The Review will aim to be completed within a month of receipt of the request for the Review and a full written response to the Complainant will be sent within one month. Where this timescale cannot be achieved, for example because of staff unavailability due to holidays or sickness, or because the matter is complex, the Complainant will be advised of the revised timescale.
7.10 The decision made at the completion of Stage 3 is final and there will be no further avenue of review by the University.
8. Monitoring and review
8.1 An annual report of all external complaints, outcomes and any associated recommendations will be provided to the Executive Board.
9. Related policies / standards and documentation
- Public Interest Disclosure (Whistleblowing) Code of Practice
- Admissions Appeals and Complaints
- Student Complaints
- Staff Grievance Process (available to staff via the University intranet)