Complaints and Appeals

Complaints

Refcom has policies and procedures for the resolution of complaints, appeals and disputes and is dedicated to ensuring an appropriate managed outcome.  Refcom strives to learn from any dispute, complaint, or appeal, and we will update our Schemes accordingly. We value your feedback as we work towards regularly engaging with our customers to ensure a positive user-friendly service.

Your legal rights are not affected by participating in Refcom’s complaints process.

Complaints may be received from any source. These may originate from clients, environmental control officers, Trading Standards departments, insurance companies, or similar organisations or persons.  The complaint may be against Refcom, one of its Members, or a Refrigerant Handler, or other individual.  A complaint may be made as or on behalf of a Business, Charity or Trust, or on behalf of an individual as a solicitor or relative. In these cases please ensure that all relevant parts of the complaints form are fully completed including your contact details and those of the individual or organisation that the complaint is being made on behalf of.

The scheme manager initially investigates the complaint to obtain comments from all of the parties involved. Complaints may be referred to Refcom’s Complaints and Appeals Panel, where appropriate, and in all cases the independent and impartial Refcom Advisory Board will be informed.

The Complaints and Appeals Panel will consider the seriousness of the complaint about the business or individual in question. They will also look at any other information, relevant to the complaint, which may have become available, including whether there have been previous complaints.

A serious complaint is one where there is evidence:

• Of a deliberate disregard of the requirements of the F-gas regulations
• That an act or omission may have, or has, endangered life
• Of deliberately misleading or false information being given to Refcom
• Of a failure to comply with Refcom’s rules

Refcom makes every effort to notify members, or individuals, to try to resolve the problem with them in an effective and timely manner. Failure to resolve the complaint, particularly if it is a serious complaint, may result in the member’s registration being suspended or withdrawn. Should this happen, the registrant or individual will be given details of how they can appeal against the decision, should they wish to do so.

If the complaint is about Refcom, and it is upheld, then the Complaints and Appeals Panel will notify the Refcom Advisory Board and recommended action to recover the situation will be given. Refcom strives to avoid a similar occurrence in the future.

Complaints must be made in writing using our complaint form.

Complaints Process

A formal complaint must be submitted to the scheme manager in writing using the complaints form (download one here).

In order to ensure that the process is transparent and that all complaints are treated appropriately it is important to follow the complaints process. Further details may be requested before a complaint can be considered if sufficient evidence has not been provided.

REFCOM will acknowledge the receipt of a complaint within 7 days. An appropriate manager will investigate and respond in full within 28 days of the complaint being received.

Complaints should be sent for the attention of:

The Scheme Manager
REFCOM
Old Mansion House
Eamont Bridge
Penrith
Cumbria
CA10 2BX

Appeals Process

You have the right to appeal when:

• An applicant is refused certification, or a Registrant is given notice that its registration is to be suspended or withdrawn, or
• An individual is refused Refrigerant Handler or similar status, or is given notice that their Refrigerant Handler status is to be suspended or withdrawn.

In these cases the Refcom Schemes Manager will obtain necessary information from all of the parties involved. The appeal will then be referred to Refcom Complaints and Appeals Panel and the Refcom Advisory Board informed of the outcome.

The Complaints and Appeals Panel will consider the grounds for the appeal; why the previous decision was made; and any additional information that may have become available since then.

Where the appeal is unsuccessful, the business or the individual will be given the reason(s) why the appeal has failed. They will also be given details of how they can appeal against the decision to an arbitrator, appointed by the Chartered Institute of Arbitrators, should they wish to do so.

Any appeal shall be made within 15 days of the original decision, it shall be made in writing, and it shall contain the following information:

• The decision that is appealed
• The requested change and include sufficient evidence as to the subject of the appeal
• Name, address, and telephone number of the appellant.

Appeals should be made in writing and sent for the attention of:

Refcom Schemes Manager
Old Mansion House
Eamont Bridge
Penrith
Cumbria
CA10 2BX

An appeal is initially handled as a written appeal. It is expected that the majority of appeals will be resolved in writing without the need to progress further. Should the outcome of this be unsatisfactory to the appellant there is an option to progress to arbitration.

Refcom will send an acknowledgement that an appeal has been received and commit to responding in full within 20 days.