What you can complain to the Ombudsman about

The Ombudsman can consider complaints about injustice caused to the complainant by maladministration or unfairness by British Waterways or its subsidiaries (including BWML – British Waterways Marinas Limited).

Maladministration covers a wide range of failings including:

• unreasonable delays;
• doing something the wrong way;
• doing things which should not have been done;
• failing to do something which should have been done.

However generally the Ombudsman cannot consider complaints which are simply disagreements with a decision made by British Waterways (if there is no maladministration or unfairness involved) or intervene on your behalf during a consultation.

Complaints can be considered about most aspects of the work of British Waterways. However the Ombudsman cannot consider complaints about:

• matters which have been or are being considered by a court, a tribunal or regulatory body;
• matters relating to employment.

If you have a complaint about the waterways responsibilities of the Environment Agency, the Parliamentary Ombudsman may be able to consider your complaint. For details of the Parliamentary and other Ombudsmen please use the link to the British and Irish Ombudsman Association.

Who can complain

Any person can complain and the service is free. Businesses, charities and trusts can generally only complain to the Ombudsman if their annual turnover is less than £1m, though the turnover limit does not generally apply to members of the British Waterways Advisory Forum, or to complaints about observance of the marinas protocol.

When to complain

The Ombudsman can generally only consider complaints which have already completed the final stage of British Waterways’ own complaints procedure i.e. where you have had a response from a Director. You can find information about that procedure by following this link to the British Waterways internal complaints procedure. The only exceptions are:

• complaints which are deemed to have completed the procedure because it has failed (eg if you do not receive a final response from a Director within the relevant time);
• complaints about the way complaints have been handled.

You need to complain to the Ombudsman within six months of completing British Waterways’ procedure and you need to have complained to British Waterways within 12 months of finding out about the issues involved in your complaint.

How to complain

If you are not satisfied with the response from the Director (or do not get one in time) you should contact the Ombudsman. Complaints can be sent by post or by email. In your complaint you need to say:

• what you think has been done wrongly;
• what you think should be done to put things right. It is helpful if you include copies of any relevant documents, such as previous complaints correspondence, especially the final letter from the Director.

If you would like advice before making your complaint please feel free to email or telephone the Ombudsman.