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Proposed timescales for handling complaints

The timescales proposed below set out the optimum deadlines for processing a case. But delays caused by the member or the complainant, or the volume or complexity of paperwork, may prevent deadlines from being met.

Activities prior to IC hearing (all carried out by Reviewer)

Day 1: Receive letter of complaint
Day 5: Send off complaint form-response sought within 15 days
Day 20: On receipt of complaint form, decide whether complaint out-of-time, outside TDB jurisdiction, frivolous, vexatious or suitable for conciliation; if so inform complainant and/or Conciliation Officer Decide whether complaint suitable for Fixed Penalty and write to member. If no complaint form, send reminder with 15 days' deadline
Day 25: Forward complaint to member-response required within 21 days
Day 35: Receipt of any appeal against decision to reject complaint Receipt of any appeal against a Fixed Penalty decision
Day 40: If appeal against rejection, appoint and send papers to Investigatory Assessor
Day 45: Send to DT secretary any appeal against a Fixed Penalty decision If no response from member, send reminder requiring response within 15 days
Day 50: Otherwise forward member's response to complainant-observations sought within 15 days
Day 55: Receive report from Assessor
Day 60: Send Assessor's report to complainant
Day 65: Receive complainant's observations on member's response
Day 70: Forward complainant's observations to member-comments sought within 15 days
Day 85: Receive member's further comments
Day 90: Forward member's further comments to complainant for information only
Day 110: Prepare case summary for IC
Day 145: IC meeting (to hear complaint within 2 months of receiving second set of comments from member)

Activities following IC hearing (all carried out by Executive Director)

Day 5: Prepare IC report

If IC decide on no further action

Day 10: Inform member and complainant of IC decision
Day 25: Receive any appeal against IC decision
Day 30: Appoint and send papers to Assessor
Day 45: Receive report from Assessor
Day 53: Send Assessor's report to complainant and member
Day 105: If so decided by Assessor, Second IC meeting to consider report

If case referred to DT

Day 10: Inform member and complainant of IC decision Send DT secretary case papers

Activities prior to DT hearing (all carried out by DT secretary)

Day 15: Select barrister as presenter
Day 21: Send papers to presenter
Day 50: Receive charges from presenter
Day 55: Select Tribunal Chair and members
Day 60: Inform member of charges and date of hearing (via Guidance Notes and Response Form)
Day 60: Discuss with DT Chair arrangements for DT hearing
Day 90: Member returns Response Form
Day 100: Serve statements and other documents on the defendant
Day 120: Receive defendant's statements and other documents
Day 130: Exchange of bundles
Day 160: DT hearing

Activities following DT hearing

Day 10: DT Chair sends DT report to secretary DT secretary informs member, complainant and ED of DT decision
Day 31: DT secretary receives any request for appeal

If no appeal:

Day 35: DT secretary confirms DT decision to member DT secretary informs ED
Day 40: ED arranges to publicise decision
Day 40: ED seeks to collect fines, costs or compensation ordered by DT

If appeal:

Day 35: DT secretary notifies ED of appeal
Day 40: ED appoints and sends papers to Disciplinary Assessor
Day 55: ED receives report from Disciplinary Assessor
Day 60: If grounds for appeal rejected, ED informs appellant If grounds for appeal upheld, ED selects Appeal Tribunal Chair and members
Day 65: ED arranges date for hearing
Day 90: AT hearing
Day 100: AT Chair sends AT report to ED ED informs member, complainant and participant body of AT decision
Day 105: ED arranges to publicise decision ED seeks to collect fines, costs or compensation ordered by AT

Abbreviations

AT: Appeal Tribunal
DT: Disciplinary Tribunal
ED: Executive Director
IC: Investigation Committee