The Complaints Process: Step-by-step

Abbreviations used:

SOPD – Standing Orders for Party Discipline

DCRG – Disputes and Complaints Referral Group

DC – Disciplinary Committee (called The Committee in SOPD)

GPRC – Green Party Regional Council, responsible for Party wellbeing (including Complaints and Disciplinary process)

AC – Appeals Committee; a sub-committee of GPRC

The Complaints Process step-by-step:

The complaint form is sent to the Complaint Manager inbox.
The Complaints Manager checks it is properly completed in line with SOPD. If not, it is sent back to the complainant for resubmission.
The Complaint Manager supplies it to DCRG for consideration.
DCRG considers whether it is properly brought; whether it pertains to disciplinary matters; and which group to refer it to (either DC for investigation or DRC for mediation). They also have the right to dismiss it.
DCRG will consider any requests for anonymity by the complainant, but they may not always be approved.
The minutes of the DCRG meeting and outcomes are supplied to Complaint Manager.
The complainant is then notified of CRG’s decision.
There is no right to appeal a DCRG dismissal at this stage.

Where a complaint requests immediate suspension of the respondent, the following occurs:

The complaint form is sent to GPRC for immediate consideration and voting within 24 hours.
The complaint must satisfy GPRC that the grounds for immediate no-fault temporary suspension are met – immediate risk to individual, party bodies, or party. GPRC decision to suspend or not, is based on the complaint form and the evidence supplied.
Their decision is then communicated to the Complaints Manager.
The Complaints Manager notifies the complainant of the outcome.
There is no right of appeal of that decision.
If immediate temporary no-fault suspension is applied, the respondent will be informed and membership, local party coordinator, regional party coordinator, and any co-chairs of liberation groups notified. At that point the respondent cannot engage in any party activities or volunteering.
The complaint is sent to DCRG as per process outlined above.

If a complaint is referred to DC for investigation:

The complainant and respondent (the person named in the complaint) are notified by Complaint Manager and the complaint is sent to DC to appoint their investigators.
The DC investigators contact the complainant, respondent and any relevant witnesses, and undertake an investigation.
They will prepare a final report for DC to consider at the hearing of the complaint. This is intended by SOPD to be within 3 months.
A DC hearing date will be set via liaison between the DC and Complaints Manager.
The Complaint Manager invites the complainant and respondent to attend the DC hearing with 3 weeks’ notice and asks if there are any reasonable adjustments for that DC hearing (under the Equality Act).
If any reasonable adjustments are requested, DC and the Complaint Manager will discuss and implement where possible and reasonable.
The Complaint Manager then confirms any adjustments to the complainant / respondent.
The complainant and respondent are sent a copy of the final report for review and comment 2 weeks before the hearing, and if they want to send a written response to that report, do so no later than 3 days before the DC hearing.
Both complainant and respondent have the right to attend and their verbal comments in the meeting will be factored into DC decisions as appropriate.
DC make their decision on any applicable sanction once the complainant and respondent have left the meeting – in a closed session.
DC supply minutes of the hearing and the outcome of the decision to the Complaints Manager.
Once the minutes are received and confirmed as approved, the complainant and respondent are notified of the outcome of the hearing.
Any sanctions are then implemented and the various aspects of the system are informed IF that sanction is a removal from office, barring from future office, suspension or expulsion – membership, local party coordinator, regional party coordinator, any co-chairs of liberation groups.

If an appeal is submitted against the DC decision:

Both the complainant and respondent have the right of appeal and must submit their appeal within 21 days (3 calendar weeks, not working days) to the Complaints Manager. The 3 weeks starts from the notification date, NOT from the date of the DC hearing.

The person (complainant or respondent) who submits the appeal, then becomes known as the Appellant.

The criteria for appealing a DC decision are:

The criteria are:

i) That from the information presented before the Committee it was unreasonable for the Committee to find the ground of the complaint to be established or dismissed.

ii) That there is relevant, reliable, and significant information that was not been presented before the Committee and which would have been likely to cause the Committee to find that the ground of the complaint was or was not established.

iii) That the Committee’s consideration of the complaint was procedurally unfair to the member.

iv) That from the information presented before the Committee it was unreasonable for the Committee to award the sanction or sanctions it has imposed.

If we break that down, good Qs to consider are:

i) That from the information presented before the Committee it was unreasonable for the Committee to find the ground of the complaint to be established or dismissed.

Was it unreasonable of DC to dismiss the complaint? Why? Did they miss a crucial piece of evidence or not refer to everything you submitted? Should the decisions of GPRC have been factored into their decision?

Was there anything missing in the report or final papers pack that was sent to you before the hearing? Was there anything leading or biased in the report? Did they make enough reference to all the issues raised in the complaint?

iii) That the Committee’s consideration of the complaint was procedurally unfair to the member.

Was there anything procedurally unfair or unjust? Did the DC show bias toward or against you? Did they miss a step in the investigation?

iv) That from the information presented before the Committee it was unreasonable for the Committee to award the sanction or sanctions it has imposed.

Did they make an error in their decision? Why?

IF a suspension, expulsion or ban / removal from office has been given by DC, that sanction applies until the Appeals hearing outcome is communicated to the original complainant and respondent (regardless of who submitted the appeal).

The appeal statement is submitted to the Complaints Manager by the 21 day deadline (see above).
The Complaints Manager confirms receipt.
The Complaints Manager notifies the Appeals Committee and DC that an appeal has been lodged.
Appeals Committee convenes a closed meeting to discuss whether to hear the Appeal or dismiss it.
That outcome is then submitted to the Complaints Manager, who notifies the Appellant and the other person (so in effect, both complainant and respondent know an Appeal has been accepted).
A date for the Appeals hearing is set by the Appeals and the notification made to the Complaint Manager.
The Complaint Manager then notifies the Appellant and other person of the date of hearing and invites them to attend if they wish.
The Appeals hearing is held.
The Appeals panel meet in a closed session to decide whether to uphold the appeal or not.
The decision is sent by Appeals Committee to the Complaint Manager to notify the complainant and respondent.
If an appeal is upheld and a sanction removed, the relevant notifications will be sent out – to membership, local party coordinator, regional party coordinator and any co-chairs of liberation groups.
There is no right of appeal to the final Appeals Committee decision.