Consultation
Published 14 December 2023
Consultation on the OfS’s new free speech complaints scheme
Published 14 December 2023
Proposal E: Submitting a complaint
(section E of the scheme rules)
- We are proposing that a free speech complaint must be made in writing by submitting a complaint form to us. We propose to make the complaint form available on our website and that complainants will be able to submit the form, together with any supporting evidence, to us online or through the post. We will be able to make adjustments to this process for complainants who have a disability, to enable them to access the scheme.
- We propose to ask for personal information in the complaint form, including date of birth if the complainant is under 18 years old. In the latter case, a parent or guardian will be required to sign the complaint form as well. The subject-matter of a complaint may include sensitive personal data. We will process personal data, including sensitive personal data, in accordance with relevant data protection legislation. We also propose to ask for information that will help us to determine whether we can review the complaint under the scheme and make a decision on it.
- We propose that we will not review anonymous complaints. We will make reasonable attempts to protect the complainant’s identity if they ask us to do so, unless we are legally required to reveal their identity. However, we cannot guarantee that we will be able to maintain a complainant’s anonymity. We do not have formal powers to protect whistleblowers.
- We also propose that a complainant may appoint a representative to conduct their free speech complaint for them. We propose that we will normally then correspond with the representative in relation to the free speech complaint, rather than with the complainant. Under our proposals, a complainant does not need to appoint a representative.
- We consider that requiring a complainant to complete and submit a complaint form, rather than simply sending an email or telephoning us, will help us to ensure that the complainant provides us with all the relevant information about their complaint. This will include information to help us to determine whether the complaint is one that we can review. This is likely to make the process more efficient for the complainant, since it will help the complainant to focus on the key issues that we will need to know to be able to consider their complaint. In turn, that is likely to make our review process more effective and efficient.
- We recognise that some complainants may prefer to provide information to us in hard copy, rather than in an online format. Therefore, we propose to permit complaints to be submitted though the post as well as online.
- Some complainants may wish to appoint a representative to conduct their complaint for them and our proposals permit this. The scheme is intended to be simple to use and there is no requirement for a complainant to appoint a representative. Where a complainant does so, we propose that we will then correspond with the representative. We have proposed this to make our review process more efficient; if we corresponded with both the complainant and their representative, we may receive different or conflicting information from them. It follows that we would expect the representative to seek and comply with the complainant’s instructions and to ensure that they keep the complainant informed of the progress of their complaint.
Questions:
Question E: Do you have any comments on Proposal E regarding submitting a complaint?
Published 14 December 2023
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