Transparency data

Independent HS2 commissioner: terms of reference

Published 25 June 2026

Applies to England

The independent High Speed Two (HS2) residents’ and construction commissioner (the commissioner) is responsible for making sure HS2 Ltd and their contractors act fairly and equitably and holds the company accountable to their commitments to treat people directly affected by the HS2 scheme with sensitivity and respect. 

The primary responsibility for investigating the concerns of impacted residents and, where needed, putting things right, is the HS2 Ltd helpdesk, HS2 Ltd complaints team, its land and property teams and their suppliers.

The commissioner, who is independent of the Department for Transport (DfT) and HS2 Ltd, can become involved to help resolve disputes, where residents believe that having made their claim or complaint, HS2 Ltd is failing to meet its commitments.

The commissioner can be contacted by email: HS2commissioner@dft.gov.uk.

Commissioner engagement with residents

The commissioner engages with affected residents in 4 principal ways:

• seeking to ensure residents and others affected by the scheme are dealt with fairly and equitably by HS2 Ltd and monitoring complaint trends
• complaints resolution and appeals in matters related to HS2 construction
• support for residents with land and property matters
• mediation

Ensuring fair and equitable treatment and monitoring complaints

The commissioner seeks to ensure residents and others affected by the construction of the new railway are dealt with fairly and equitably by HS2 Ltd.

The commissioner undertakes thematic reviews of complaints and monitors complaint handling to ensure it is in accordance with the published HS2 Ltd complaint procedure and meets regularly with DfT ministers and officials and senior HS2 Ltd executives to discuss findings and recommendations for improvement.

The commissioner:

• responds to enquiries and requests received from members of the public
• provides advice to members of the public about how to make complaints about construction
• periodically carries out site visits to investigate areas of community concern

Complaints resolution and appeals in matters related to HS2 construction

The commissioner provides independent decisions and/or recommendations between the project and individuals or bodies in the following ways.

Unresolved complaints about HS2 construction work

The commissioner is responsible for handling instances where responses to complaints about HS2 Ltd’s construction work are considered unsatisfactory or remain unresolved. They provide independent recommendations on unresolved construction-related disputes between HS2 Ltd and individuals or bodies.

HS2 Ltd has a robust published complaint procedure. This will make sure the right person deals with complaints as quickly as possible.

If a complainant is dissatisfied with the outcome of a complaint and has exhausted step one of the HS2 Ltd complaint procedure for construction, they can ask for their complaint to be reviewed by the commissioner.

Dealing with escalation requests

Referral

If a complainant remains dissatisfied with the outcome of a complaint, they can ask for it to be referred to the commissioner. They can ask HS2 Ltd to do this, or they can contact the commissioner directly by emailing: hs2commissioner@dft.gov.uk.

If they contact the commissioner directly, the complainant needs to provide the commissioner with details of their complaint, including their thoughts on how they would like HS2 Ltd to put things right.

If they choose to request escalation by advising HS2 Ltd, HS2 Ltd will refer the case file to the commissioner. 

When the commissioner receives a referral request, the commissioner will agree with the complainant whether they should seek to mediate (for example, seek to reach an agreed solution to) the issue between the complainant and HS2 Ltd or whether they should review the complaint as a complaint escalation, providing an outcome along with any recommendations (if appropriate).

Once the commissioner has accepted a complaint escalation, they will meet with HS2 Ltd monthly to ensure there are clear lines of communication.

Timescales

Table 1: Escalation target timescales

Action	Timeline
Commissioner to acknowledge request to escalate complaint to step 2 of the HS2 Ltd complaint procedure	5 working days of receipt of escalation request
HS2 Ltd to prepare and submit a case file to the commissioner	10 working days from receipt of request from the commissioner to HS2 Ltd
HS2 Ltd to answer queries raised by the commissioner	10 working days of receipt of query
Commissioner to issue final report to the complainant and HS2 Ltd	3 months from receipt of completed escalation request

Outcome and remedies

Upon deciding on a complaint, outcomes from the commissioner may include the following.

Not upholding the complaint

The commissioner will set out why in their decision.

Upholding or partially upholding the complaint

The commissioner will set out their decision and may recommend any of the following remedies:

• requiring HS2 Ltd to apologise

• making a recommendation to HS2 Ltd or a contractor working on HS2 Ltd’s behalf

• making a recommendation for a consolatory payment, if this is proportionate and necessary, to reflect the inconvenience, injustice, hardship or delay experienced by the complainant because of HS2 Ltd’s decision, action or failure to act

When making a recommendation for any financial payment, the commissioner will consider the relevant HM Treasury guidance (currently managing public money) and relevant Parliamentary and Health Service Ombudsman (PHSO) documents, in particular the: 

• principles for remedy and our guidance on financial remedy
• UK central government complaint standards

This is the end of the involvement of the commissioner in construction complaints about the building of the new railway. If a complainant remains unhappy at this stage, believing that HS2 Ltd and/or the commissioner has not acted properly or fairly or has given them a poor service and not put things right, then they may refer the matter to the PHSO.

Small claims appeals

Unresolved damage to property claims as a result of HS2 construction work (less than £10,000).

The commissioner will review and adjudicate on small-value property damage claims that are alleged to be a result of HS2 construction work, as set out within the small claims scheme C10 (PDF).

Dealing with escalation requests

Referral

If a claimant remains dissatisfied with the outcome of a claim for property damage (less than £10,000), they can ask HS2 Ltd to refer their claim to the commissioner.

Upon receiving the escalation request, HS2 Ltd will send the claimant an appeals form for them to complete. 

Upon receipt of the completed appeals form, HS2 Ltd will refer the appeal to the commissioner.

Timescales

Table 2: Escalation target timescales

Action	Timeline
HS2 Ltd acknowledges receipt of the completed small claim appeals form with the claimant	2 working days of receipt of the appeals form
HS2 Ltd to prepare and submit a case file to the commissioner	10 working days from receipt of appeals form
HS2 Ltd to answer queries raised by the commissioner	10 working days of receipt of query
Commissioner to issue final report to the claimant and HS2 Ltd	3 months from receipt of completed small claims appeal form

Outcome and remedies

When the commissioner decides the claim, outcomes may include the following.

Not upholding the complaint

The commissioner will set out why in their decision.

Upholding or partially upholding the complaint

The commissioner may determine claims and then:

• recognising that damage has been caused, decide the amount to be paid to the claimant as the appropriate remedy
• recommend a consolatory payment be made, if this is proportionate and necessary, to reflect the inconvenience, injustice, hardship or delay experienced by the complainant because of HS2 Ltd’s decision, action or failure to act

When making a recommendation for any financial payment, the commissioner will consider the relevant HM Treasury guidance (currently managing public money).

This is the end of the involvement of the commissioner in damage to property claims. If the claimant remains unhappy at this stage, believing that HS2 Ltd and/or the commissioner have not acted properly or fairly or have given them a poor service and not put things right, then they may refer the matter to the PHSO.

Special cases appeals

Unresolved special case applications

The commissioner chairs the special case appeals panel, which reviews HS2 Ltd’s decisions on requests for additional support due to individual circumstances or medical conditions.

The HS2 Ltd special cases panel’s role is to proactively oversee and manage the assessment of all special case applications when a building and/or its inhabitants are not adequately protected by established thresholds as set out in the control of construction noise and vibration (E23) (PDF), or where persons who possess one or more protected characteristic require a reasonable adjustment during the construction of HS2.  

If an applicant disagrees with the special cases panel’s decision, they can submit an appeal. They will be advised how to do this in the panel outcome letter, which is provided by HS2 Ltd. They will need to provide details of why they do not agree with the panel’s decision and provide evidence to support their case.

The special cases secretariat will advise the commissioner that an appeal has been received.

The commissioner will agree a date within 8 weeks of receipt of the appeal. This will allow the applicant time to provide any additional information/ evidence and the commissioner to consider the submission and seek any additional information from HS2 Ltd and the contractor working on behalf of HS2 Ltd.

The appeals panel is made up of the commissioner, senior HS2 Ltd staff who will not have been involved with the original decision and an independent equality, diversity and inclusion advisor.

The commissioner can:

• uphold the panel’s decision
• overturn the panel’s decision
• ask the panel to consider new evidence (not previously provided)
• make recommendations to HS2 Ltd and the contractors

The commissioner cannot:

• endorse mitigation without the appropriate evidence
• act in contradiction to the E23 information paper or relevant government policy (managing public money)
• direct HS2 Ltd or their contract partners to make compensation payments

The commissioner will write to the applicant informing them of the outcome of their appeal within 5 working days of the appeal hearing date.

Support for residents with land and property matters

The commissioner will make themselves available to intervene in unresolved land and property disputes, such as valuation disputes and other disputes arising from compulsory purchase of land. The commissioner’s role is as an objective and independent voice, focusing on providing advice to residents and supporting timely settlement to save costs on both sides.

However, any formal complaints about HS2 Ltd’s service in relation to Land and Property cases cannot be considered by the commissioner. All complaints relating to HS2 Ltd service have a different escalation process, should a complainant remain dissatisfied with the way HS2 has handled their complaint.

See HS2’s how to complain page for more information.

Mediation

The commissioner may offer to mediate between the project and individuals or bodies when they feel it is appropriate.

When choosing to use mediation, the commissioner will follow the general principles of mediation from Advicenow and PHSO mediation guidance.

What the commissioner cannot consider

The commissioner’s role does not cover:                                         

• complaints that have not first been considered by the nominated undertaker’s/HS2 Ltd’s helpdesk
• complaints relating to works that are not part of, or associated with, the HS2 project
• complaints relating to planning conditions and other matters that are subject to the approval of statutory authorities
• complaints relating to HS2 Ltd service: these have a different escalation process see HS2’s how to complain page for details
• matters considered by Parliament in approving the project
• matters dealt with by the Office of Rail and Road (ORR) and operational rail matters dealt with by train operating companies and passenger watchdogs
• matters under investigation by the Health and Safety Executive (HSE)
• property damage claims for losses over £10,000
• complaints relating to settlement deeds
• the future operation of the HS2 railway or services
• matters relating to HS2 safeguarding directions
• matters set out in a contract with HS2 Ltd or their supply chain, such as a licence for access to land or property
• matters set out in UK law, such as the process for dealing with blight notices
• complaints about alleged personal injury
• reviews or appeals about decisions under any of our statutory or discretionary property schemes
• issues arising from decisions taken by the select committee
• complaints regarding compliance with an undertaking or assurance made by the Secretary of State for Transport to petitioners or Parliament
• complaints about the criteria for property schemes, eligibility and decisions relating to acceptance for property compensation schemes
• complaints about the government’s decision to build the railway
• whistleblowing
• complaints about the actions of High Court enforcement officers or the national eviction team
• complaints about the refusal or handling of a subject access request, freedom of information act request, or environmental information regulations request
• complaints from members of staff

The commissioners’ role in scrutinising HS2 Ltd’s performance

The commissioner provides independent scrutiny and produces regular reports, publicly outlining their views and recommendations to HS2 Ltd and DfT.  In fulfilling this part of the role, the commissioner will regularly engage with residents, their representatives, local communities, local authorities and others impacted by the HS2 project. The commissioner meets regularly with HS2 Ltd’s senior leadership to raise any concerns or emerging trends across the project.

The commissioner holds HS2 Ltd accountable to the commitments made in the HS2 residents’ charter and oversees and monitors HS2 Ltd’s community engagement strategy, making sure they fulfil their commitment to oversee communication standards regarding both statutory and non-statutory property schemes applicable along the route of HS2.

PHSO

If a member of the public remains dissatisfied with an outcome relating to their complaint or concern, and following investigation from HS2 Ltd and the commissioner, they may ask a member of parliament (MP) to refer their complaint to the PHSO.

PHSO is an independent body that investigates complaints about UK government departments, agencies and the NHS where individuals believe they have been treated unfairly or have suffered injustice due to poor administration or service failure.

As the PHSO is the final stage for unresolved complaints, they usually expect that a complaint will have been fully considered by the public body first, so that it has the chance to look into concerns and, where needed, put things right.

See PHSO’s making a complaint page for more information.

Should the PHSO agree to investigate a case that has been considered by the commissioner, DfT will notify the commissioner and secure their cooperation in any investigation and in addressing any subsequent recommendations that the PHSO may make.

Commissioner’s steering group

An independent body oversees the commissioner’s work to support, steer and monitor the commissioner’s performance throughout the HS2 construction period. The group provides independent oversight and advises DfT ministers on requirements for the commissioner’s office.

The commitment to establish the steering group is set out in HS2 Phase One construction commissioner (G3) (PDF).

Reporting

The commissioner provides independent scrutiny and produces periodic reports, publicly outlining their views and recommendations to HS2 Ltd and DfT. The commissioner meets regularly with HS2 Ltd’s senior leadership to raise any concerns or emerging trends across the project.

The commissioner produces a report 3 times a year. This sets out:

• key developments in the project that impact the commissioner’s role
• a summary of complaints and claims made since the previous report, together with any analysis of any trend
• details of meetings and visits undertaken by the commissioner
• a note of any thematic issues observed

See the independent HS2 commissioner reports for more information.

Mutual respect statement

The commissioner will behave in a respectful manner and, in return, will expect the same. They will not tolerate behaviour that creates an intimidating, abusive or offensive environment that undermines the safety or wellbeing of themselves, HS2 staff and others.

If the commissioner feels the behaviour is unreasonable, they will take appropriate steps to address the situation.

Equality

The commissioner should be as widely accessible as possible to all sectors of the community. If, while making a referral, HS2 Ltd considers the member of the public has any protected characteristic as outlined in the guidance for the Equality Act 2010 that might require the commissioner to adjust their approach to handling the case, HS2 Ltd will tell the commissioner as soon as possible.

Personal information charter.

See the independent HS2 commissioner’s personal information charter for more information about data protection.