Consultation on the OfS’s new free speech complaints scheme

123. We propose that we may suspend our initial consideration or review of a free speech complaint if the complainant either:

1. Does not provide us with information as required (see Proposal L), or
2. Cannot be contacted using the contact details that they have given to us.

124. We may also decide to suspend our initial consideration or review of some of the complaints in a group complaint while we focus on one of the complaints in the group, under Proposal J.
125. We propose that the complainant may withdraw their complaint at any stage before we issue a Notice of Complaint Outcome or dismiss the complaint.

126. The Act will require us to make a decision on a free speech complaint as soon as reasonably practicable.⁵¹ We propose that we may decide to suspend our review where the complainant does not provide us with information that would help us to make a decision. We consider that this may act as an incentive for the complainant to comply with our requests and so support timely review of their complaint. That is in their interests, and the interests of the respondent.
127. The Act will only require us to make a decision on a complaint that is not withdrawn.⁵² We considered the alternative of not permitting the complainant to withdraw a complaint. We discounted that alternative. We do not consider it to be in the interests of the complainant or the respondent to review a complaint that the complainant no longer wishes to pursue.

[51] HERA Schedule 6A 6(1)(b).

[52] HERA Sch. 6A 6(1)(a).