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Complaints Procedure & Privacy Notice

We hope that you will not find any reason to complain about the service you receive from us. However, we acknowledge that sometimes things do go wrong. If you are unhappy about any aspect of the service, we would like to know about it so that we can immediately address any problems as we are always striving for excellence.

Our Internal Complaints Procedure is set out below so that you know what to expect if you do have a complaint.

Who deals with the complaint?

  1. In the first instance, all complaints, whether in writing, over the telephone, or in person will be dealt with by the mediator concerned, at first instance.

Time limitation period

  1. If the complaint relates to breaches of the Family Mediation Council’s Codes of Practice or Standards framework Part 5 they must have occurred in the 3 months prior to the date the complaint was received by us in writing. For the avoidance of doubt, if the complaint relates to the way a mediation was conducted as a whole, the period of 3 months runs from the date of the last mediation session.

Acknowledgement of complaint

  1. Your complaint will be acknowledged in writing no more than 10 working days* from the date we receive it. We may send you a form to complete to clarify what the complaint is about asking you to give specific details as best you can so that we can ensure the complaint is adequately comprehended and documented.
  2. The other party to the Mediation will be informed in writing that a complaint has been received and that the Complaints Procedure has been invoked.

Internal Resolution process

  1. Your mediator will aim to resolve your complaint within 10 working days* of the date of receipt of the complaint. We may send you a form to complete if we need to ensure we understand what your complaint is about because clarity is important to us to be able to respond to you adequately.
  2. If the matter is not resolved in that time, please notify us and your mediator will refer it to their Professional Practice Consultant (PPC) to respond within a further 10 working days*.
  3. If the matter cannot be resolved in that period please notify us and it may then be referred for review with a senior independent mediator who will aim to resolve your complaint within a further 10 working days*. While we endeavour to resolve matters within a total of 30 working days from the date the complaint was received, further time may be needed of which you will be notified in writing with an explanation of why that time is needed.
  4. The mediator against whom the complaint has been made will provide, if appropriate, the PPC and the senior independent mediator with a copy of their file and a brief written report regarding the complaint if the matter is referred to either of them. (see para 6 above).

External resolution by the Family Mediation Standards Board

If you are still unsatisfied, your complaint may be referred to the Family Mediation Standards Board (FMSB), if the complaint alleges breach of the FMC professional standards (e.g. Code of Practice, PPC Code of Practice, FMC Standards Framework).

Appeal

The complaints process includes the potential for an appeal against the FMSB Complaints Panel’s decision.

  1. You or the mediator may appeal on the following grounds:
  2. That the FMSB Complaints Panel did not take into account relevant evidence, or did not give sufficient weight to that evidence.
  3. That the correct process was not followed by the FMSB Complaints Panel.
  4. A mediator may also appeal on the grounds that any disciplinary action taken was not in proportion to the nature of the misconduct.
  5. Where an appeal against an unsuccessful complaint is upheld (meaning the original complaint is upheld), the Appeals Panel may take disciplinary measures.
  6. Where an appeal against a disciplinary decision is made, the Appeals Panel may consider taking disciplinary measures.
  7. A decision by the Appeals Panel may be the same as or different to that reached by the Complaints Panel.

*Working days are defined as Monday-Friday excluding Bank Holidays.

PRIVACY NOTICE

Contact Details:   Jane M Cooksey           contact@berkeleysquaremediation.com

We only use email, never land mail (except in rare cases when requested to, by a party to mediation or potential mediation). Our contact number is: 0773 098 2140.

Jane M Cooksey is the registered data controller with the Information Commissioner’s Office (ICO) . The ICO registration number is ZN855728.

We may keep information for up to 6 years after the relationship with the person who is the subject of the data has ceased. Usually, private documentation is destroyed within 6 months.

Under UK data protection law, we must have a “lawful basis” for collecting and using your personal information. There is a list of possible lawful bases in the UK GDPR. You can find out more about lawful bases and your rights in relation to your data on the ICO’s website (details below).

If you wish to make a data protection request, please use the contact details at the top of this privacy notice. We must respond to you without undue delay and in any event within one month. If you have any concerns about our use of your personal data, you can make a complaint to us using the contact details at the top of this privacy notice. If you remain unhappy with how we’ve used your data after raising a complaint, you can complain to the ICO at:

Information Commissioner’s Office
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

Helpline number: 0303 123 1113                     Website: https://www.ico.org.uk/make-a-complaint