Guidance

Annex B: complaints handling process (accessible version)

Updated 5 December 2024

Local resolution

  • for service type issues that are relatively minor, easily resolved and require little or no investigation. No misconduct cases would be appropriate for this route
  • complainant gets faster response (within 10 working days) and, where appropriate, an apology
  • action taken to put the matter right
  • resolved by any appropriate staff member (Home Office, contractor, healthcare provider)
  • recorded, with complaint data stored and checked

Service delivery (formal complaint)

  • complaint received which is not suitable for local resolution
  • copied to IMB (where authority has been granted by resident)
  • accepted and allocated
  • acknowledged; details of investigating officer and target date for response provided within 2 working days
  • investigated by IRC or escorting supplier or occasionally IE manager
  • final written response within 20 working days following investigation to include details of escalation process to the IEC
  • response quality assured by senior officer
  • response copied to DS Complaints and IMB (where appropriate) for independent QA checks
  • local and central recording systems updated

Minor misconduct (formal complaint)

  • complaint received
  • copied to IMB (where authority has been granted by resident)
  • allocated and accepted
  • acknowledged; details of investigating officer and target date for response provided, within 2 working days
  • investigated by IRC or Escorting supplier or occasionally IE manager
  • final written response within 20 working days following investigation to include details of escalation process to the IEC
  • response quality assured by senior officer
  • response copied to DS Complaints Team and IMB (where appropriate) for independent QA checks
  • local and central recording systems updated
  • if substantiated, guidance given to staff member. Disciplinary action may be considered

Serious misconduct (formal complaint)

  • complaint received
  • copied to IMB (where authority has been granted by resident)
  • allocated to Professional Standards Unit (PSU) for investigation
  • acknowledged; details of investigating officer and target date for response provided
  • detainee Custody Officer (DCO) Certification considered for suspension
  • criminal allegations referred to police
  • response within 12 weeks copied to IE manager and (where appropriate) to IMB. To include details of escalation process to the PPO
  • if substantiated, DCO certification (Home Office) and disciplinary action (employer) considered
  • recording systems updated

Health complaint

  • if the complaint relates to Healthcare only (treatment or staff) the HO record date of complaint and received
  • the complaint is then not monitored any further by HO
  • referred to local regional healthcare provider in accordance with regional NHS procedures for investigation and response
  • reply will provide details of escalation process

Independent external review

  • complaint not resolved to satisfaction of complainant
  • complaints progressing to IEC/PPO will have already been thoroughly investigated through HO complaints process
  • IEC will investigate appeals about responses to Service Delivery or Minor Misconduct complaints concerning detention or escorting (within 3 months of the complainant receiving the response)
  • PPO will investigate appeals about responses to Serious Misconduct complaints concerning detention or escorting (within 3 months of the complainant receiving the response)
  • PHSO will investigate healthcare complaints (England) or (via an MP) complaints relating to other aspects of immigration

Cross-cutting complaints

Complaints including multiple concerns, for example regarding IRC issues, healthcare, immigration status amongst others, issues will be copied to both the onsite healthcare manager (where relevant) and DS Complaints team. The Complaints team will allocate the compliant to the relevant bodies and each area who is allocated a complaint will be responsible for sending an acknowledgement letter setting out the aspects of the complaint for which they are responsible and the anticipated target for a response.