How we handle complaints

If you’re a member with concerns about another member, take a look at our member complaints policy and procedure.

Who we are and what we can do

Resolution is a community of family justice professionals who work with families and individuals to resolve issues in a constructive way.  Resolution members and associates follow a Code of Practice promoting a constructive approach to family issues.

We are a voluntary membership organisation and not a statutory regulator. Many of our members are regulated and choose to join us and sign up to our Code of Practice voluntarily.

We can only consider complaints about our members, not associates.

We can only uphold a complaint where there has been a breach of the Code of Practice.

When a complaint is upheld one or more of the following actions (outcomes) will be taken:

• Apology: members who are asked to apologise must do so within 10 days. Failure may result in review of membership.
• Training: the required training must be completed and confirmation provided within six months. Unjustified failure may result in review of membership.
• Removal of accreditation or award: when accredited status or an award is withdrawn all references to their accreditation or award must be removed from public materials within a set timeframe.
• Suspension of membership: members who are suspended will be told the suspension period. We may also notify their regulator.
• Termination of membership: members whose membership is terminated must remove all references to their Resolution membership their membership of Resolution. Terminations are recorded, and reapplications are reviewed by the Code Standards Panel. Reapplication will not be considered within 12 months of termination. We may also notify their regulator.

We cannot change the outcome of a case, stop a member practising, or make a member provide compensation or a refund for the services they provided.

Principles

We will do our best to:

• Resolve complaints as early as possible, with fair outcomes for you and our member.
• Respond in line with our values and Code of Practice both of which emphasise respect, objectivity, honesty, and integrity.
• Treat you and our member with respect and fairness, with due regard for the confidentiality of sensitive or legal information.
• Consider each complaint fairly, without reference to race, religion, belief, gender, sexual orientation, disability, or age.
• Ensure actions and decisions are transparent and timely and keep both you and our member well informed of progress.
• Give both you and our member the opportunity to raise concerns fully and be listened to.
• Recognise and respond to the vulnerabilities of everyone involved in the complaints process.
• Offer support throughout the process and work to reduce stress.
• Reflect on and learn from each complaint to promote high standards of practice among our members.

Purpose

The procedure aims to:

• Provide a clear, accessible process for resolving valid complaints about breaches of our Code of Practice.
• Encourage cooperative and conciliatory resolution as early as possible.
• Be efficient and meet published timescales wherever possible.
• Ensure full, fair, and balanced consideration of complaints for you and our member.
• Respect confidentiality for all parties, and the duty of members to protect it.
• Ensure members are treated fairly and, where appropriate, resolve complaints at an early stage.
• Provide an effective and appropriate response within the limits of what we can do.
• Uphold and promote adherence to our Code of Practice and high professional standards.
• Identify opportunities to improve information and support for members and professional development.

Keeping everyone safe

If a complaint involves abusive, bullying, harassing, intimidating, or vexatious behaviour towards our member or our staff, we may decide not to investigate it further. In such cases, we may report the behaviour to an appropriate authority to protect the safety of everyone involved.

If at any point during the process we have concerns about anyone’s safety, we may pause or end the process or adjust our next steps to minimise risk for everyone involved.

Step one: raising your concerns with our member

Before making a complaint to us, you must first raise your concerns directly with our member.

When you contact them, ask for a response within a reasonable timeframe (for example, eight weeks). They may ask you to contact another person in their firm, such as the person responsible for handling complaints and they should have their own complaints procedure.

If you are unable to resolve your concerns directly with the member, you can then contact us.

Step two: check whether we can consider your complaint

Before submitting a complaint, please think about these questions:

• Has your case finished?
  If not, please wait until all negotiations, correspondence, or any court proceedings have ended before raising a complaint with us.
• Did your case finish more than 12 months ago?
  If yes, we cannot consider your complaint.
• Have you complained to another organisation or regulator about the same issue?
  If so, please wait for their decision before contacting us. We will take into account any time spent waiting for that outcome.
• Were you directly involved in the matter?
  If not, we cannot consider your complaint.

Step three: make a complaint to us

You can submit a complaint if it involves a breach of our Code of Practice, meets our criteria, and you haven’t been able to resolve it with the member directly. The process is explained below.

1. Submit the complaint form

Complete the complaint form. We will acknowledge receipt within five working days.

The form includes a declaration giving us permission to:

• hold your confidential information,
• share it with our member and the Code Standards Panel, and
• receive relevant information from our member to help investigate your complaint.

Legal professionals must follow strict rules on client confidentiality. Even with your consent, this may limit what information they can share with you or with us.

Please do not send us any court documents or court orders. Sending these could place you at risk of committing contempt of court, which may result in sanctions.

Send us your complaint

2. Initial checks

Once we receive your completed form, we will check that:

• all required information has been provided,
• the complaint meets our criteria, and
• the complaint concerns a current Resolution member.

If these checks are satisfied, we will move to step 5 below.

3. If the requirements are not met

If the requirements are not met, we will contact you within 10 working days of receiving your complaint.

If we cannot consider your complaint, we will explain why and the process will end at this stage.

4. Requests for more information or delays

If we need more information from you, or if your complaint cannot proceed yet, we will contact you within 10 working days. We will explain what is needed or when you may submit your complaint again.

5. Requesting a response from the member

If your complaint meets all requirements, we will send it, along with any supporting material, to the member. We will ask them to provide a response to your complaint.

We normally expect a response within 20 working days, unless we agree a different timeframe.

6. Sharing the response with you

We will send you the member’s response within 10 working days of receiving it and ask whether you are satisfied or whether there is anything further that can be done for you to be satisfied with the response.

If you are satisfied, the process will end.

7. Referral to the Code Standards Panel

If you are not satisfied, your complaint will be referred to the Code Standards Panel.

We will ask both you and the member whether there is any further information the Panel should consider. This might include suggestions that could help resolve the complaint. Any additional information must be provided within 10 working days.

8. Panel consideration

We will send all relevant documents to the Code Standards Panel and arrange a meeting for them to consider the complaint.

We will tell you the meeting date within five working days of it being arranged.

9. Outcome report

The Code Standards Panel will decide whether to uphold the complaint and recommend appropriate actions. An independent reviewer will then review the Panel’s outcome report.

We will send the final report to you and the member within 10 working days of the Panel meeting.

10. Accepting or challenging the outcome

You and the member will have 10 working days to confirm whether you accept the Panel’s findings.

If both parties accept the findings, the process will end.

11. Appealing the decision (complainant only)

If either you or the member is not satisfied, you may appeal by completing an appeal form within five working days. We will send your appeal to an independent appeals officer within 10 working days.

Appeals can only be made on the following grounds:

• the procedure was not followed correctly,
• relevant information was ignored or irrelevant information was considered,
• the conclusion is clearly wrong, or
• the recommended actions are inappropriate.

If the appeals officer decides there are no valid grounds for appeal, the process will end.

12. Appeal decision

If valid grounds for appeal are identified, the appeals officer will review the documents and decide whether different or additional actions are needed. They may contact you or the member and may consider further evidence.

The appeals officer will issue their decision within 20 working days. Their decision is final, and the process will end.

Publication and learning

The Code Standards Panel may recommend publishing a redacted version of the outcome in Resolution’s membership magazine, The Review, or on our website. Anonymised complaint materials may also be used to support learning, improve standards, and promote good practice.