The person taking the complaint needs to gather as much information as possible to enable you to investigate it thoroughly. If it can be resolved within three business days, a summary response letter needs to be sent to the customer and the matter logged on your complaints register.
However, if the issue is more complex, making it impossible to resolve in three business days, then a detailed complaints investigation needs to be launched.
This is also the case if the client does not accept your attempts at resolution. The process for this is detailed below.
It is also worth noting that in most cases PI policies require firms to make them aware of a potential or actual complaint at the earliest opportunity.
How should a complaint be investigated?
Your principal contact for complaints will be responsible for investigating the matter (usually a senior manager). They may delegate some of the work, but retain overall responsibility and will have the final say on whether to uphold or reject the complaint and on any redress to be offered.
If the complaint concerns the principal contact directly, where possible, it should be passed to another senior manager to maintain impartiality.
The investigation process should be handled as follows:
- Send a letter of acknowledgement to the client within five business days of receiving the complaint, summarising the main points and explaining the investigation process.
- Investigate the complaint, considering all available evidence, such as your records of dealings with the client. If necessary, contact the complainant with any queries and interview staff members involved with the customer. Based on your findings, the principal contact will then decide if the compliant is justified and if it should be upheld, partially upheld or rejected.
- If it is deemed the client has been disadvantaged as a result of the firm’s actions, a decision must be made about what redress, financial or otherwise, is appropriate.
Remember, the burden of proof used when investigating complaints is not the same as the ‘beyond reasonable doubt’ principle applied in criminal courts. Neither side has to prove whether a particular event occurred.
If there is conflicting evidence, a decision must be made on a ‘balance of probabilities’, ie what you believe is most likely to have happened.
Notifying the complainant
Once you have reached a decision, a final response letter needs be sent to the client within eight weeks of receiving their complaint.
The letter must explain if the complaint is being upheld, partially upheld or rejected and explain how and why the decision was reached. It should also give details of any redress being offered, financial or otherwise.
