Guidance

Annex K: complaints process map (accessible version)

Updated 21 April 2023

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This publication is available at https://www.gov.uk/government/publications/handling-complaints-in-immigration-removal-centres/annex-k-complaints-process-map-accessible-version

Service delivery

  • acknowledged within 2 working days by person investigating
  • written response within 20 working days

  • escalation process to Ombudsman outlined; reply copied to IMB (where appropriate).

  • Complaint Management System updated by DS Complaints

Resolved to satisfaction of complainant?

If yes: no further action

If no: complainant can escalate their complaint to:

  • IEC
  • PHSO via an MP for healthcare complaints (England)
  • DS Complaints to facilitate escalation to appropriate Ombudsman for healthcare complaints (Scotland and NI)

Minor misconduct

  • acknowledged within 2 working days by person investigating
  • written response within 20 working days
  • escalation process to Ombudsman outlined; reply copied to IMB (where appropriate)
  • if substantiated, employer to consider appropriate action
  • complaint Management System updated by DS Complaints

Resolved to satisfaction of complainant?

If yes: no further action

If no: complainant can escalate their complaint to:

  • IEC
  • PHSO via an MP for healthcare complaints (England)
  • DS Complaints to facilitate escalation to appropriate Ombudsman for healthcare complaints (Scotland and NI)

Serious misconduct

  • acknowledged within 2 working days by PSU
  • professional Standards Unit investigation
  • suspension of certification considered
  • criminal allegations referred to the police
  • security/corruption allegations referred to Home Office Corporate Security
  • written response within 12 weeks; copied to IMB (where appropriate)/IE manager
  • if substantiated, certification/disciplinary action considered
  • Complaint Management System updated by PSU

Resolved to satisfaction of complainant?

If yes: no further action

If no: complainant can apply to the Ombudsman for independent external review:

  • PPO (detention or escorting)
  • PHSO via an MP for other (non-detention) aspects of immigration or healthcare (England)
  • DS Complaints to facilitate escalation to appropriate Ombudsman for healthcare complaints (Scotland and NI)

The complainant contacts the HO Independent Examiner of Complaints (IEC) Team. This is done via email or post and must be within 3 months of the response received date.

The complaint is considered by the IEC who decide if it is an issue or complaint within their remit.

If yes: IEC liaise with the complainant to agree the elements of complaint, before formally accepting the complaint for examination.

  • IEC will consider whether there is any scope for resolution
  • if yes - a resolution plan will be prepared for consideration by the business (10-day SLA); any resolution proposals the business agree to accept, will be put to the complainant
    • if the complaint agrees to resolve their complaint, a copy of the resolution closure letter will be shared (3 day SLA), and the IEC case closed. If the resolution is not agreed the evidence will be requested.
  • if no - evidence will be requested from the original investigator (usually supplier staff in the IRC); this may be for example DCF9, investigation report, statements etc; this will need to be provided to the IEC within 15 working days for review; the evidence should be sent to the IEC Business Support Team iecbst@homeoffice.gov.uk
    • upon receipt of the evidence, the IEC will conduct a full examination of the evidence; if they identify unremedied service failure, they will consider the scope to settle the complaint
      • the business will be asked to consider any settlement proposals (10 day SLA); if agreed by the business, the settlement proposals will be put to the complainant
        • if a complaint accepts the proposed settlement, a copy of the draft closure letter will be shared with the business (on a 3 day SLA), before being issues to the complainant an the IEC case closed. If a settlement is not agreed by either party, a case history will be produced
      • if there is no scope for settlement, or the settlement has been rejected by the business or the complainant, a case history will be prepared and shared with the business to agree its factual accuracy and answer any questions the investigator may have (10 day SLA)
      • the IEC will reach a conclusion on the merit of the complaint; if the complaint is not upheld the IEC report will be issued to the complaint and the business in parallel; if the complaint is fully or partially upheld the draft report will be shared with the DS Complaints Team
        • the DS Complaints Team will share the draft IEC report with DESAAT/SMT to agree recommendations; any challenges to the IEC Report need to be progressed using the escalation process, described in the IEC process guide
          • the final report will be sent to the complainant and IEC will monitor the case to ensure any recommendations are implemented

If no: the IEC cannot accept the complaint for investigation

  • complainant advised by the IEC (within 2 working days) that their complaint has not been accepted
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