How to request a review of a regulatory decision

How to ask us to look at a regulatory decision again.

Published

28 February 2019

Updated

30 April 2019

Overview

Our review process is an opportunity to voice concerns about a decision we’ve made, and for us to explain our thinking.

If you’re unsatisfied with a regulatory decision, we recommend you seek a review before an appeal or a complaint.

An individual, a group of tenants, or a regulated body can ask us to review a regulatory decision which affects them. Our review process is quick, straightforward and informal.In most cases, our regulatory decision will stand pending the review, and we will implement it as usual.

The review process is one of three ways you can challenge a decision affecting you. You can also:

  • appeal a decision: this is a formal re-evaluation of a regulatory decision, carried out by people who are independent of the original decision-making
  • complain: we have a two-stage internal process for complaints, with potential for your case to be moved on to the Scottish Public Services Ombudsman

Find out more about appeals.

You can also seek a judicial review of our actions. Asking for a review or making an appeal of one of our decisions will not stop you from raising legal proceedings.

Which decisions can be reviewed and who can ask for a review?

9.

Our Regulatory Framework explains how we regulate, with our power and duties under the 2010 Act as the keystone. All of our regulatory decisions can be subject to review.

10.

A review can be requested by an individual, group of tenants or regulated body that is directly affected by the decision. The review process is an opportunity for them to tell us their concerns about the decision, ask us to look at it again, and for us to explain our thinking. Some examples of possible situations are provided below. These lists are not exhaustive.

A regulated body might ask for a review where:

An individual might ask for a review where we have made a decision to remove or suspend that individual from the governing body of an RSL.

A group of tenants might ask for a review where:

  • tenants believe that we did not comply with our published approach to considering a reported significant performance failure when we examined a case they put to us; or
  • they believe we have not published data and reports on the Scottish Social Housing Charter in line with what we say we will do in our Regulatory Framework.

11.

Reviews need to co-exist with our ability to take regulatory action quickly where necessary to protect tenants’ and service users’ interests. As such, our regulatory decision stands pending the review, and we will normally proceed to implement it. The one exception to this position is deregistration of an RSL. Because of the nature of this decision, we will put implementation on hold pending the outcome of the review.

How do I request a review?

12.

If you wish a review of a regulatory decision, as an individual (where applicable) or on behalf of a group of tenants or your regulated body, you can simply request it by telephone or in writing. You should submit your request within 10 working days of receiving notification of our decision.

13.

You can contact the SHR staff member you have been dealing with directly, or alternatively you can contact us. We will write to acknowledge and confirm our understanding of your request. We will help make sure you understand how the review process works and assist you where needed.

14.

You should tell us why you believe that the decision is wrong, and refer to any evidence that you think we should consider again.

What happens once I have requested a review?

12.

If you wish a review of a regulatory decision, as an individual (where applicable) or on behalf of a group of tenants or your regulated body, you can simply request it by telephone or in writing. You should submit your request within 10 working days of receiving notification of our decision.

13.

You can contact the SHR staff member you have been dealing with directly, or alternatively you can email or write to the addresses on page four. We will write to acknowledge and confirm our understanding of your request. We will help make sure you understand how the review process works and assist you where needed.

14.

You should tell us why you believe that the decision is wrong, and refer to any evidence that you think we should consider again.

15.

The officer who made the decision will look at it again, along with a more senior person, usually their line manager. They will look at the evidence the officer considered when making their original decision, along with any further information you have provided. They will aim to carry out the review and communicate the outcome within 10 working days of you having requested it. If we cannot meet this timescale, we will write to you to explain why and confirm an alternative date.

16.

When we tell you the outcome of the review we will explain the reasons for our decision. You can request this confirmation in writing.

17.

The review can have two possible outcomes:

  • to uphold the original decision; or
  • to make a new decision.

18.

At the conclusion of the review, we would halt or change the regulatory action in light of the second outcome.

19.

If you remain unhappy with the decision made, and if it is an appealable decision, you can submit a formal request for an appeal in accordance with our published guidance. You can also go straight to submitting an appeal, without requesting a review first, should you wish to do so.

20.

Should you be dissatisfied that we have not acted in accordance with our published policies, you may wish to make a complaint. Where a review has already been carried out, we will consider your complaint at stage two of our internal complaints handling process. The complaints process is not a mechanism for challenging how we have exercised our judgement in relation to a decision arising from regulatory activity. Our complaints handling procedure gives more information.

21.

If you remain dissatisfied once we have considered your complaint at stage two, you can take your complaint to the Scottish Public Services Ombudsman (SPSO). It is for the SPSO to consider whether it is able to take action about your complaint in the specific circumstances of your case.

22.

The SPSO has the power to make recommendations to us once it has concluded its investigation of a complaint. It has no power to overturn our regulatory decisions.

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