What happens if a formal complaint is made against you as a purchaser
Updated 28 February 2025
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This publication is available at https://www.gov.uk/government/publications/the-agricultural-supply-chain-adjudicator-asca-making-a-complaint/what-happens-if-a-formal-complaint-is-made-against-you-as-a-purchaser
If the adjudicator receives a complaint about you that it intends to investigate, a case handler will contact you to give notice of the complaint. This will include the details of the complaint, will request your response to the allegations made in the complaint and provide the date by which your response is required. The case handler will be your main point of contact during the complaint investigation.
Once you have provided your initial response to the allegations, the adjudicator will assess your response and let you know if we require further details from you for the investigation.
The types of evidence we may request includes:
- documents, including those in digital format
- witness evidence, whether provided by written statement or orally
- any other evidence the ASCA considers relevant to the complaint
Our request for evidence will be in writing and will include:
- a statement that the request is made under paragraph (7)(b)
- details of the person from whom the evidence is being requested
- what evidence being requested
- how to submit the evidence
- where to submit the evidence
- the date by which the evidence must be provided
If we request evidence from you, the adjudicator may begin legal proceedings to require you to supply the information. Failure to provide requested evidence may also lead the adjudicator to draw an adverse inference against the person in respect of the complaint.
When investigating a relevant complaint, the adjudicator may also consider other failures to comply with the regulations that did not form part of that complaint.
We may consult third parties, such as specialist lawyers, and the Groceries Code Adjudicator as part of the complaint process. If your business if based outside of the UK, we may seek input from the authorities in your jurisdiction during the course of your complaint.
Once the complaint has been investigated, the adjudicator will make a decision as to whether or not the regulations have been breached.