If someone has made a complaint against you we’ll be fair and impartial and look at both sides of the situation before making a decision.
Usually we will only contact you if we accept a complaint for investigation.
If we can investigate a complaint we will contact you, the complainant and any other parties. At this stage you will not need to take any action, but if you do not think we have the power to investigate the complaint you should write to us and explain why.
When we start investigating the complaint we will usually ask you for a written response. By law you must respond to a complaint made about you and provide information when we request it.
What you need to do
You should provide a written response no more than 21 days after we ask you to respond to the complaint. In some circumstances we can extend this timeframe.
In your response you should tell us:
- the facts, as you see them, relating to the dispute
- if you oppose the allegations made and why
- about anyone else who might have a direct interest in the case
- if you are appointing a representative.
You’ll also need to send us a copy of any documents we ask for.
If you don’t respond to a complaint made about you we may make a decision without your evidence or we can use our statutory powers to require you to respond.
You can submit a joint response if the complaint relates to more than one party. In most cases we expect trustees to respond jointly.
Appointing a representative
You can appoint a representative, such as a solicitor, to act for you. Whether you seek professional representation is a matter for you. Even if the complaint against you is not upheld you will not be able to recover costs.
During the investigation
All parties have rights and responsibilities while a case is being investigated. This includes keeping all the information you receive confidential and responding to requests for further information.
Find out what to expect and what you need to do while a case is being investigated.