Complaints
Stage 2: Follow up complaint

Refer the complaint to a Band 2 for a decision on follow up if:

• the complaint cannot be disclosed and involves a vulnerable person
• there is an ongoing issue, e.g. formal enforcement action is underway, or a previous history similar to the complaint, e.g. an accident within the last 12 months, or for gas-related complaints, there has been a previous gas complaint or incident
• the complaint concerns 'work-related stress'
• there are insufficient details to identify the dutyholder
• the complaint is from a Member of Parliament, the European Parliament or a devolved administration
• the complaint does not meet HSE's policy on follow up/investigation
• it is a "serious" gas complaint, or a gas complaint where a third party dutyholder has been identified, or a gas complaint relating to an installer and the work was carried out over 12 months ago

Performance standard:

Ensure the Band 2 is made aware of the complaint:

• within one working day of receipt, or
• immediately, where there is an obvious risk of serious personal injury

If the complaint is not referred to a Band 2:

• seek a response from the dutyholder to the complaint, usually by telephone
• request confirmation of the dutyholder’s response in writing
• inform the dutyholder that the complainant will be informed of the outcome

In the case of pesticides complaints

• seek additional information from the user

Where, in the case of gas complaints, the dutyholder is not known:

• seek to identify the dutyholder

If they cannot be identified:

• either destroy the details, or keep details manually for 6 months if the complaint is of a sensitive nature

Where a gas complaint involves an installer:

• send the appropriate letter

With all complaints (except where the dutyholder is not known):

• record the action taken

In all cases except pesticides (see step 2.4), if the response received from the dutyholder acknowledges the issue(s) raised and satisfactorily deals with the complaint, or the complaint relates to a gas installer:

• inform the complainant and/or any third party of the outcome 
• retain any relevant written information received from the dutyholder
• record details of all the action taken and the outcome achieved

If the response received from the dutyholder does not deal with the complaint satisfactorily:

• seek clarification from the dutyholder if necessary

If the response is still unsatisfactory, or the complaint involves ill health relating to the storage or use of pesticides:

• refer the complaint to a Band 2

Performance standard:

Ensure the Band 2 is made aware of the unresolved complaint:

• within 3 working days of receipt of the dutyholder’s response, or
• immediately, where there is an obvious risk of serious personal injury

Where there is an obvious risk of serious personal injury:

• refer the complaint to a Band 2 immediately

Go to step 2.6

Otherwise:

• attempt to contact the dutyholder again as soon as possible and record this action

Where, following reminder action, still no response has been received to a request to a landlord dutyholder for a gas safety certificate:

• send a witness statement to the complainant (tenant) with a reminder, if necessary

In every case, if there is still no response:

• refer the complaint to a Band 2 immediately

Where a complaints officer / gas officer has referred a complaint because:

• the complainant was abusive or aggressive (see step 1.3)
• any of the circumstances listed in step 2.1 apply
• the dutyholder did not respond (see step 2.5)
• the dutyholder’s response was inadequate (see step 2.4)
• the complaint involves ill health relating to the storage or use of pesticides (see step 2.4)

Do one of the following:

• end action on the complaint, ensuring the complainant is notified of the decision, and that this action and the decision itself, with the reasons, are recorded 
• refer the complaint back to the complaints officer / gas officer with instructions on what action to take (i.e. return to step 2.2)
• refer the complaint to an inspector for investigation and notify the complaints officer / gas officer of this action.

When considering investigating domestic gas complaints, please see :

• Gas safety procedure and enforcement advice

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If the complaint is to be investigated:

• follow the appropriate steps in the Investigation procedure, starting at the beginning of Stage 3: Prepare the investigation

Review the progress of the complaint with the Complaints Officer / Gas Officer at regular intervals to determine whether:

• the complaint is to be followed up any further, or
• the follow-up action should be now be concluded

Where the decision is to continue:

• the reason(s) for this must be recorded
• the complaint must be reviewed again regularly thereafter

Where it is decided that the complaints officer should not follow up any further, either:

• end action on the complaint, ensuring the complainant is notified of the decision, and that this action and the decision itself, with the reasons, are recorded

or

• refer the complaint to an inspector for investigation

In the case of pesticides complaints

• send full details (complaint and dutyholder proformas or equivalent, COIN references) to the Agriculture and Food Sector at the Nottingham Office

Performance standard:

Review the complaint follow-up process:

• whenever significant information comes to light which affects the course of the action
• always within 3 weeks of the initial decision to follow-up, and
• no later than every 2 months after the first review

Inform the complainant of progress: 

• after each formal review