Making a complaint about OSCR
At the Scottish Charity Regulator (OSCR), we are committed to providing a high-quality service. Our Service Standards set out the level of service you can expect from us.
We understand, however, that sometimes things can and do go wrong. When this happens, we would like to know so that we can try to put things right and improve our services.
Please note:
This page relates to making a complaint about OSCR. We deal with complaints and concerns about charities through a separate process. Please visit our Raise a Concern page to find out more about how we deal with concerns about charities.
Our definition of a complaint is:
An expression of dissatisfaction by one or more members of the public about OSCR’s action or lack of action, or about the standard of service provided by or on behalf of OSCR.
This Complaints Handling Procedure explains:
- What you can make a complaint about
- How you can make a complaint
- How we deal with complaints
- What you can expect after making a complaint
What can I complain about?
A complaint may relate to the following, but is not restricted to this list:
- OSCR’s failure to act in accordance with a published policy or guidance
- Mistakes in how we handled your request
- Rude or unprofessional behaviour from OSCR staff or contractors
What can’t I complain about?
There are some things we cannot deal with as part of our complaints handling procedure. These include:
- Complaints about charities (these are handled through OSCR’s concerns process)
- Dissatisfaction with the outcome we have reached following an inquiry into concerns about a charity – please refer to OSCR’s inquiry policy for detailed information on how we consider and respond to concerns
- A routine first-time request for a service
- Requests for compensation only
- Issues that are in court or have already been heard by a court or tribunal
- Requests for information under the Data Protection or Freedom of Information (Scotland) Acts
- Staff employment or recruitment issues
- Internal staff concerns (unless it’s about a service they received)
- Trying to reopen a complaint we’ve already closed
- Problems with another organisation we’re not involved with (unless they’re delivering services on our behalf)
Who can make a complaint?
Anyone who receives, requests, or is affected by our services can make a complaint, as long as it is within the context of the ‘what can I complain about’ section.
We also accept complaints from the representative of a person who is dissatisfied with our service (for example, a relative, friend, advocate or advisor).
How do I complain?
Complaints can be made verbally or in writing, including face-to-face, by phone, video call, letter or email.
We do not accept complaints through our social media channels.
To help us deal with your complaint as quickly and efficiently as possible, please include the following information:
- Your name and contact details
- Details of the issue
- If you have previously reported this issue or not
- If yes, include the date you previously raised this issue, how your raised it, and who you spoke to
How long do I have to make a complaint?
You must raise your complaint within six months of when you first knew of the problem.
In exceptional circumstances, we may be able to accept a complaint after the time limit.
What happens after I make a complaint?
Our Complaints Handling Procedure aims to provide a quick, simple and streamlined process for responding to complaints as quickly as possible. Where possible, we will resolve the complaint to your satisfaction. If this is not possible, we will give you a clear and reasoned response to your complaint, and will let you know what steps you can take if you are still dissatisfied with our decision.
Our Complaints Handling Procedure has two main stages:
- Stage 1: Frontline response
- Stage 2: Investigation
Stage 1: Frontline response
A frontline response aims to respond quickly to straightforward complaints that require little or no investigation.
- Timescale: within 5 working days
- Handled by: staff closest to the issue
- Aim: quick resolution through explanation, apology or immediate action
- Outcome: if resolved, complaint is closed.
Complaints which are either not suitable for a frontline response, or were not resolved at stage 1, will be processed as a stage 2 complaint.
Stage 2: Investigation
If a complaint is not straightforward, requires investigation, or relates to high-risk issues, it will immediately be processed as a stage 2 complaint. In addition, if you are dissatisfied with a stage 1 response and the complaint is not resolved at the frontline stage, it will be progressed to stage 2.
- Timescale: within 20 working days
- Handled by: senior staff who were not involved in the complaint
- Aim: full and fair investigation with a written response
- Outcome: final decision with explanation and any remedial actions.
What if I’m still dissatisfied?
After we have given you our final decision, if you are still dissatisfied with the outcome or the way we dealt with your complaint, you can raise it with the Scottish Public Services Ombudsman (SPSO).
You can ask the SPSO to look at your complaint if:
- You have gone all the way through the OSCR’s Complaints Handling Procedure
- It is less than 12 months after you became aware of the matter you want to complain about, and
- The matter has not been (and is not being) considered in court.
The SPSO will ask you to complete a complaint form and provide a copy of our final response to your complaint). You can do this online at www.spso.org.uk/complain or call them on Freephone 0800 377 7330.
Where can I get help to make a complaint?
The SPSO are an independent organisation that investigates complaints. They are not an advocacy or support service.
There are, however, other organisations who can help you with advocacy or support, for example:
- Scottish Independent Advocacy Alliance – www.siaa.org.uk
- Citizens Advice Scotland – www.cas.org.uk
Our contact details
Please see our Contact Us page to get in touch with us. The best way to submit your complaint is by filling out our online contact form.
Unacceptable Actions Policy
Occasionally the behaviour or actions of individuals using our services make it difficult for us to deal with them. In a small number of cases, the actions of individuals become unacceptable because they involve abuse of our staff or processes.
When this happens, we will take action to protect our staff. Our Unacceptable Actions Policy explains how we will approach these situations.