The UK Border Agency (Complaints and Misconduct) Regulations 2010

Failures to notify or record a complaint

15.—(1) This regulation applies where anything which is or purports to be a complaint has effect as being received by the relevant appropriate authority (whether in consequence of having been made directly to the relevant appropriate authority or by way of a notification under regulation 13(1) (initial handling and recording of complaints)).

(2) If the relevant appropriate authority decides not to take action under regulation 13 for notifying or recording the whole or any part of what has been received, the relevant appropriate authority shall notify the complainant of the following matters—

(a) the decision to take no action and, if that decision relates to only part of what was received, the part in question;

(b) the grounds on which the decision was made; and

(c) whether the complainant has a right to appeal against that decision under this regulation.

(3) The complainant shall have a right of appeal to the IPCC against any failure by the relevant appropriate authority to make a determination under regulation 13 or to notify or record anything under that regulation if the failure is in respect of conduct which the relevant appropriate authority is required to refer to the IPCC under regulation 21(1)(a) or (b) (reference of complaints to the IPCC).

(4) On an appeal under this regulation, the IPCC shall—

(a) determine whether any action under regulation 13 should have been taken in the case in question; and

(b) if the IPCC finds in the complainant’s favour, give such directions as the IPCC considers appropriate to the relevant appropriate authority as to the action to be taken for making a determination, or for notifying or recording what was received;

and it shall be for the relevant appropriate authority to comply with any directions given under sub paragraph (b).

(5) Directions under paragraph (4)(b) may require action taken in pursuance of the directions to be treated as taken in accordance with any such provision of regulation 13 as may be specified in the direction.

(6) The IPCC—

(a) shall give notification to the relevant appropriate authority and the complainant of any determination made by it under this regulation; and

(b) shall give notification to the complainant of any direction given by it under this regulation to the relevant appropriate authority.