The British Association for the Purebred Spanish Horse Ltd Complaint Procedure
This procedure is to be followed when:
- An individual or party wishes to make a complaint about any activity conducted or other matters e.g. behaviour or activity involving misconduct, by the BAPSH Ltd or its’ members; or
- In the unlikely event that a complaint remains unsatisfied under the BAPSH Ltd Rules for Showing.
2.1 In this document the following definitions apply:
- “The Association” is The British Association for the Purebred Spanish Horse Ltd.
- “The Board” is the BAPSH Ltd Board of Directors.
- “The appointed Committee” is the nominated group of officials appointed by the Board when the Board fails to conclude an investigation or when a person or body appeals a finding.
3.0 Submission of an appeal or complaint
3.1 Written complaints should be addressed to the BAPSH Ltd and sent by registered post to The BAPSH Ltd, The Old Stables,Kiln Lane,Leyhill, Buckinghamshire, HP5 3QS within 14 days of the occurrence to which exception has been taken. On receipt all complaints should be logged into a complaints register maintained by the Directors. A written acknowledgement of the receipt of the complaint or appeal will be sent by return of post.
3.2 One of the Directors or named delegated authority, appointed by the Directors, will speak to the complainant to ascertain the context of their complaint, its’ validity and what they deem to be a suitable outcome and whether this is possible or appropriate. If it is not possible or inappropriate the Directors may suggest an outcome that is proportionate to the complaint.
At this time it should be established if there were witnesses to the incident and details taken so, if appropriate at this stage, the one of the Directors may speak to them and shall assess/ judge whether the complaint is valid and whether it should proceed to the next stage.
The initial discussion and outcome will be noted in the complaint log. Within 15 days of receipt of the complaint or appeal the Director handling the complaint will write to the complainant to explain how the complaint or appeal will be dealt with.
3.3 If the complaint is to proceed the Directors or delegated authority will determine when the Board will deal with the complaint. Depending on the circumstances it may be both of the Directors or a specially appointed Committee (see Item 5).
3.4 If during the course of the complaint hearing process Solicitors letters are received that compromise the on-going procedure then the investigation will be suspended until the legal issue is resolved; it maybe that it is never resolved but completed through legal procedures.
4.0 Board of Directors Procedure
4.1 In performing their duties Board Members will fully comply with all aspects of the Code of Conduct and will pay particular regard to Conflicts of Interest and Personal Interest.
4.2 On receipt of a complaint the Board shall communicate the allegations in writing to the person or body against whom they are made and will afford that person or body the opportunity of making reply in writing. In the interest of fairness the complainant may have sight of that reply.
4.3 Witnesses should be asked to submit written statements within 28 days and the Director handling the complaint should speak to them to confirm their submission and ask any further appropriate questions if deemed necessary. The Board shall review all submissions from all parties and obtain further written submissions if necessary. All submissions shall be acknowledged in writing by the Board and if they are not to be used in the investigation the reason shall be given in the letter.
4.4 The Board shall determine within twenty-one days whether the complaint is upheld. If in its opinion the complaint is upheld it will decide the outcome. The Directors shall communicate the Board’s decision on the outcome to each party, in writing by post, to the last known address.
4.5 The person or body against whom the allegation has been made shall have the right of appeal against the decision of the Board. Such an appeal shall be in writing and addressed to the Directors at The BAPSH Ltd, The Old Stables,Kiln Lane,Leyhill, Buckinghamshire, HP5 3QS, within 14 days of receipt of the decision of the Board.
5.0 Convening an appointed Committee
5.1 When the Board is unable to conclude a matter or upon receipt of an appeal by an individual or party, the Directors may nominate an appointed Committee to investigate made up of appropriate Association Officials, or with one or more independent representatives, or they may decide it is more appropriate to refer the matter to an wholly independent appointed Committee.
5.2 Complaint referral: The appointed Committee shall review the investigation and where necessary re-contact all parties including witnesses before concluding their findings and making any decision on the outcome or any recommendations.
5.3 Appeal: In the case of an appeal the appointed Committee shall give reasonable notification to the person or body concerned of the date, place and time of any hearing. At the appeal an appellant is entitled to address the Committee in person and to be accompanied by a supporter (not a legal representative) who will not be heard. If the appellant decides not to attend, they may send a written statement to the Committee and the matter will be dealt with in his or her absence.
5.4 If in the opinion of the appointed Committee the complaint is upheld it may, save where any Rule specifically provides otherwise, impose such penalties or fines as it thinks fit. An unsuccessful appellant may be ordered by the appointed Committee to pay such part of the Association’s costs in respect of the hearing as it thinks fit.
5.5 Whilst any part of such monies remains unpaid the Association may suspend any membership benefits until the whole of the fine is paid.
5.6 The decisions of the appointed Committee shall be final and there will be no further appeal.
6.0 Nomination of Officials for the appointed Committee
6.1 If the association deems that independent parties are required to ensure a fair and objective investigation then it will appoint individuals appropriate that are not involved with the British Association for the Purebred Spanish Horse Ltd but are familiar with the equine world.
Examples of parties that might be requested to assist are:
The British Horse Society
The British Equestrian Federation
The World Health Welfare Charity
6.2 The appointed Committee shall appoint one of its members to act as Chairman.
◊ ◊ ◊ ◊ ◊ ◊ ◊ ◊ ◊ ◊ ◊ ◊ ◊ ◊ ◊