Complaints about regulatory advice - HSE
How to complain, who to contact and what happens after the complaint is made
- If you wish to challenge a formal enforcement notice that has been served on you by a HSE inspector (ie an Improvement notice or Prohibition Notice) then there is a specified legal process you must follow. You should have been notified of this when the notice was served. You must make any appeal promptly because there are strict time limits.
- If you are being prosecuted by HSE then you will be able to challenge them through the courts. HSE has to provide you certain information in advance to allow you to defend yourself.
- If you are a business owner and your complaint concerns HSE’s regulatory activities of a higher hazard workplace or activity you operate, for example where there is a permissioning or licensing regime in place, then there are specific routes to raise your concerns with us.
- If you have contact with us and are unhappy with the way we have dealt with you, we want to know. We want to put things right, and we always welcome suggestions to help us improve our performance.
- If an inspector has given you written advice and required you to take action to put matters right (but has not served an enforcement notice) and you disagree, then in the first instance you should discuss this with them.
- If you cannot sort out the problem with the person you have been dealing with, ask them for the name of their manager (letters from us will also give this information). You can then ask to speak, or if you prefer, write to them. They will certainly investigate your complaint and tell you what they are going to do about it. Most complaints are settled in this way, very often immediately, if this is not the case, we always aim to respond within ten working days.
Having raised the matter with the manager first, if you are still not satisfied then you have some alternative routes to seek resolution either by:
Your initial choice does not preclude you from pursuing the other route at a later stage.
Other means of redress
You can also write and ask your MP to take up your case with us or with Ministers.
Your MP may also ask the The Office of the Parliamentary and Health Service Ombudsman to review your complaint. Their role is to consider complaints that government departments, a range of other public bodies in the UK, and the NHS in England, have not acted properly or fairly or have provided a poor service.
Finally you can go to Judicial review.
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