Complaints procedure

The Vegan Society Complaints Procedure

Approved by Council on 11 February 2022

Our policy is:

1. A complaint is an expression of dissatisfaction requiring a response from the organisation as a whole. Where it is unclear about whether a communication raises an issue to be dealt with routinely by those directly involved, e.g. a damaged pot of VEG 1 or a detailed comment on an article in The Vegan, or a complaint requiring formal handling through this procedure, we will seek additional information from the correspondent; if we cannot clarify, then we will err on the side of caution and treat the correspondence as a complaint.
2. This policy does not cover complaints from staff, who should refer to the internal policy on such.
3. All complaint information will be handled sensitively, telling only those who need to know and following any relevant data protection requirements.
4. Overall responsibility for this policy and its implementation lies with the Council of Trustees of The Vegan Society. It will be reviewed regularly and updated as required.
5. This procedure does not cover whistleblowing. Whistleblowing is dealt with through a separate policy [filed under ‘CULTURE – Whistleblowing’ on Breathe] and is only applicable to employees of The Vegan Society.
6. If a trustee of The Vegan Society, or an external complainant, feels they need to make a complaint which cannot be dealt with through this complaints procedure (for example, an issue which could seriously harm the charity), they may wish to contact the Charity Commission. The Charity Commission provides details of what qualifies under ‘serious harm’ on their website.
7. We will start with the assumption that a complaint is made in good faith. Having received a complaint, the person/people responsible for responding will need to consider whether it could be vexatious^[1] or malicious^[2]. Even if there are concerns that this is the case, there may, exceptionally, still need to be an investigation to determine the validity of the complaint.

1. Complaints should be made in writing. Complaints should be sent to the Chair (chair[at]vegansociety[dot]com) for complaints about society policy, the CEO, or about trustees (other than the Chair). Other complaints should be sent to the CEO (ceo[at]vegansociety[dot]com). Complaints can also be sent to these individuals by post at Donald Watson House, 21 Hylton Street, Birmingham, B18 6HJ. 
2. Complainants should provide contact details (name, e-mail address, and contact number, if possible), and provide the facts of the complaint, the relevance to The Vegan Society, and any outcome or remedy they may be seeking. If a complaint is received verbally, the person receiving the complaint should note these details and pass them on to the relevant person as defined in 2a (and suggest that the complainant send a written account by e-mail or post so that the complaint is recorded in their own words). When a complaint is received, we will tell the complainant what will happen next and how long we expect that it will take to conclude.
3. The Vegan Society will keep a record of all complaints received, and the outcomes, along with minutes of meetings and similar records.
4. It is often best to try and deal with complaints informally and we encourage people to raise any issue with those directly involved in the matter causing concern, who may be able to resolve it swiftly and should do so, if possible, and appropriate. For example, a missing magazine delivery, if promptly remedied, would not normally involve this complaints process at all, but dissatisfaction with the response to such a problem might well merit a formal complaint. Feedback and review will help us improve our working practices and ensure The Vegan Society is able to function effectively.
5. If an issue cannot be resolved informally there are three possible stages for complaints once they have been received and recorded:

Stage One

• For complaints relating to policy, or trustees, or the CEO, either the Chair will carry out initial screening and fact-finding, or it will be delegated to a trustee or trustees who have authority from the Council of Trustees to deal with complaints. If the complaint relates to the Chair, it will be dealt with in the first instance by the Vice-Chair. If the complaint also involves the Vice-Chair it will be delegated to a trustee or trustees authorised by Council.  For other complaints, either the CEO will carry out initial screening and fact-finding, or they will delegate this to another person.

Those carrying out the first stage evaluation of complaints will at all stages look for opportunities to resolve the complaint informally by agreement with those involved.

• Complaints brought by someone whose identity we cannot verify, or complaints based on hearsay brought by someone not directly involved, or complaints for which the complainant wishes to withhold their identity from the subject of the complaint will only be taken further in exceptional circumstances.
• The person handling the complaint will consider the complaint and the evidence provided and consider whether additional information may be needed, or will contact the complainant to discuss whether it can be resolved by mutual agreement. They will also consider whether there is a case to answer (for example, whether it is clear there is a complaint being made and whether the complaint falls within the responsibilities and capabilities of the society).
• Complaints should be acknowledged by the person handling the complaint within five working days, with information about who is dealing with the complaint and when the complainant can expect a reply (with a copy of the complaints procedure included). Ideally, complainants should receive a definitive reply within a month. If this is not possible because, for example, an investigation has not been fully completed, a progress report should be sent with an indication of when a full reply will be given.
• If the complaint relates to a specific person, they will be informed and given a fair opportunity to respond unless there is a legitimate reason they cannot be informed. The Council has a duty of care to staff or trustees being complained about as well as to complainants, and anyone against whom a complaint has been made should have the opportunity to provide a response to those dealing with the complaint.
• Complaints will be investigated fairly and proportionately to their relevance and potential significance, including, as appropriate, reviewing relevant evidence and speaking to any individuals complained about, the complainant and relevant third parties.
• A complaint may be rejected if the complainant does not respond to reasonable requests to provide evidence or to clarify their complaint.
• If necessary, complaints at this stage may be considered by all trustees in order to respond to the issues raised.
• If a complaint is found to be vexatious or malicious, we will only proceed with the complaint in exceptional circumstances. We reserve the right to take action against the complainant if there is clear evidence of malicious intent and they have a direct involvement with the society.
• Whether the complaint is upheld or not, the reply to the complainant should describe the action taken to investigate the complaint, the conclusions from the investigation, and any action taken as a result of the complaint. If the complaint relates to a specific person, they will be informed of the outcome.

Stage Two

• If the complainant feels that the complaint has not been resolved satisfactorily at Stage One, they can request the complaint is reviewed at Council level. The request for Council level review should be made within five working days of receiving the Stage One response and any request should be acknowledged within five working days of receiving the request. The acknowledgement should say who will deal with the case and when the complainant can expect a reply.
• The Council of Trustees may investigate the facts of the case themselves or delegate to a sub-group for consideration. This may involve reviewing the paperwork of the case and speaking with the person who dealt with the complaint at Stage One.
• If the complaint relates to a specific person they should be informed and given a further opportunity to respond, unless there is a legitimate reason they cannot be informed.
• Ideally, complainants should receive a definitive reply within a month. If this is not possible because, for example, an investigation has not been fully completed, a progress report should be sent with an indication of when a full reply will be given.
• Whether the complaint is upheld or not, the reply to the complainant should describe the action taken to investigate the complaint, the conclusions from the investigation, and any action taken as a result of the complaint. If the complaint relates to a specific person, they will be informed of the outcome. The decision taken at this stage is final, unless Council decides it is appropriate to seek external assistance with the resolution. Any decision to take external advice using charity funds will need to be supported by 75% of all trustees.

External Stage

• As The Vegan Society is a charity registered in England with the Charity Commission, the complainant can complain to the Charity Commission at any stage. Information about the kind of complaints the Charity Commission can involve itself in can be found on their website at https://forms.charitycommission.gov.uk/raising-concerns/.

6. The Council of Trustees may vary the procedure for good reason. This may be necessary to avoid a conflict of interest, for example, a complaint about a Chair or trustee should not also have the Chair and/or trustee involved as a person leading at either stage.
7. Complaints will be reviewed annually to identify any trends which may indicate a need to take further action. Reports on all complaints will be reported regularly to the Senior Management Team and Council of Trustees on the number and nature of complaints received and the outcome of those complaints, including whether they should lead to a change in services, policies or procedures.

Support for people involved in the complaints process

The complaints process can, in some cases, be stressful for those involved. If a complaint has an apparent potential to be personally stressful to individuals connected to the society as staff, trustees or other volunteers, then those affected will be put in contact with a member of staff who will explain what support is available.