A. Complainant Referral
If an investigated complaint is not upheld, the complainant can refer their matter to the Independent Reviewer within a specific timeframe for her review of the matter. This involves a review of the relevant documentary evidence. It is not inquisitorial at first hand as the investigation has already concluded and the decision on it has been disseminated. The Independent Reviewer provides an independent adjudication within the scope of the applicable remit.
If significant new information comes to light, the Independent Reviewer will requisition the investigator/investigation committee to re-open the matter. Or, if the Independent Reviewer considers that the investigator/investigation committee did not meet her satisfaction, the matter can be remitted to it for further consideration. Where feasible, the Independent Reviewer will request that new members of the organisation or body further investigate.
A complainant must submit a signed letter or email (as agreed per applicable remit) stating their postal address and the organisation or body’s reference number. This will be to adhere to the Independent Reviewer’s data protection and compliance criteria.
B. Body/organisation referral
If an investigator/investigation committee determines a decision on a matter relating to its business, an employee, or worker under the protected disclosures legislation, it may choose to have an independent review of its decision. Equally, this involves a review of the documentary evidence. It is not inquisitorial at first hand as the investigation has already concluded. The Independent Reviewer solely provides an independent adjudication on these decisions, as applicable within individual remit, and their handling.