Evolving standards in the complaints branch

It is well known that dispute resolution schemes in the complaints branch, including ombudsman schemes and complaint-handlers, operate a very different dispute resolution methodology to that typically applied in the courts and tribunals. This methodology is widely accepted, but concerns have always existed regarding the fairness of the procedural safeguards deployed in the complaints branch. This article investigates two specific areas of procedural practice in the complaints branch: the openness of the sector in terms of the decisions that it makes and the grounds upon which they are made; and the capacity to review decisions made in the sector. The article argues that there is evidence that, whilst further refinement could be introduced, procedural safeguards in the sector are more robust than hitherto has been understood.