Complaints procedure

How to make a complaint about the Groceries Code Adjudicator.


Introduction

The office of the Groceries Code Adjudicator (the GCA) seeks to carry out its functions which are set out in the Groceries Code Adjudicator Act 2013 (the Act) in an efficient and impartial manner. We will treat all parties we deal with, with courtesy and as helpfully as possible. However, if you believe that things have gone wrong, please tell us. We will take all complaints seriously.

Scope of policy

This policy explains how the GCA will deal with any complaints about the behaviour, or conduct, of the Adjudicator or any member of the GCA team and how the GCA will ensure that every complaint is dealt with fairly and impartially.

This policy does not cover how to complain about or appeal against the outcome of a GCA statutory function (e.g. advice given; an arbitration award; the launch, conduct or outcome of an investigation; the application of an enforcement measure or the content of published guidance), as the usual recourse in this situation is through the courts.

It also does not cover complaints about the scope of the GCA’s responsibilities as set out in the Groceries Supply Code of Practice (the Code) and the Act.

Where a complaint is made about the Head of Operations, replace “Head of Operations” with “the Adjudicator”.

Informal Stage

If a retailer, supplier, or member of the public states they are unhappy with any aspect of a GCA team member’s conduct, then that team member should attempt to resolve the matter directly with the complainant.

Stage One

If the complainant is not satisfied, they should contact the Head of Operations in writing, providing:

  • Their name and address;
  • The nature of the complaint;
  • Details of the member(s) of staff involved;
  • Copies of any correspondence relevant to the complaint; and
  • Information about what they believe has gone wrong.

Whilst complaints may be made orally (either over the telephone or in person); where possible, complainants should submit complaints in writing, so that they can be fully addressed and provide the GCA with a better understanding of the issues.

The Head of Operations (or in their absence their nominated deputy) will acknowledge all oral and written complaints, in writing, within 5 working days, giving their understanding of the complaint and an indication as to when complainants should expect to receive a substantive reply.

The Head of Operations will conduct a review of the complaint and then notify the complainant, detailing:

  • The outcome of the review (whether the complaint has been upheld or not);
  • The reasoning behind the decision;
  • Where appropriate, what the GCA will do to put things right; and
  • The steps to take if the complainant is not satisfied with the outcome.

Stage Two

If the complainant is not satisfied, the matter will be reviewed by the Adjudicator, who will conduct their own review of the complaint. The Adjudicator will issue a final outcome letter detailing:

  • The outcome of their review (whether they have changed the Stage One outcome);
  • The reasoning behind the decision;
  • Where appropriate, what the GCA will do to put things right; and
  • The Final Stage of the complaints process.

The GCA team is small and therefore there may be cases where there is no-one impartial to conduct stage two of the process. In these cases, the complainant will be directed to the Final Stage.

Final Stage

Within the final outcome letter, or a letter declining to reopen a complaint, details of how to complain to the Parliamentary and Health Service Ombudsman (the Ombudsman) will be provided. The Ombudsman’s role is to investigate complaints that individuals have been treated unfairly or received poor service from government departments and other public organisations. Further details can be found on the Ombudsman’s website.

By law, the Ombudsman can only look at complaints about UK government departments and other UK public organisations if a Member of Parliament (MP) refers the complaint. Complainants can complete an online complaint form and ask an MP or their office to sign it. Information as to who a complainant’s MP is can be found online (it is also available through their local library and Citizens Advice Bureau).