Making a complaint
The complaints process
The flow diagram gives a summary of how the Tribunal handles complaints. There is no set process or time limit for responding to a particular complaint. This is because all cases vary in scope and detail and we deal with each on its own merits. The amount of time the Tribunal takes can also depend on the responses we receive to enquiries, which might mean we ask for more information from the complainant, or the organisation which is the subject of the complaint.
Please note that the Secretariat cannot provide an update while an investigation is ongoing.
Do you believe you have been the victim of unlawful interference by public authorities using covert techniques and/or have a complaint about the conduct of, or on behalf of, the UK intelligence agencies?
Complainants are entitled to lodge either a complaint, or a claim under the Human Rights Act, or both, using the relevant form(s).
Please refer to the information leaflets and the T1 and T2 forms to work out which is the appropriate form to submit. It may be appropriate in some cases to submit both forms.
If your complaint/claim falls within jurisdiction, is in time and isn’t unsustainable or vexatious, the public authorities you have complained about will be contacted and ordered to provide any information relating to you and the details of your complaint/claim. All organisations under the Tribunal’s jurisdiction are obliged by legislation to provide this information.
The Tribunal can consider investigating complaints against any public authority which holds RIPA/IP Act powers (or other legislation which can be investigated by the Tribunal). If you wish to make a complaint, please complete Form T2. Please make sure you sign the form yourself.
Upon receiving your completed form(s), you will receive an acknowledgment and a reference number.
If your complaint/claim falls within jurisdiction, is in time and isn’t unsustainable or vexatious, the public authorities you have complained about will be contacted and ordered to provide any information relating to you and the details of your complaint/claim. All organisations under the Tribunal’s jurisdiction are obliged by legislation to provide this information.
Most of the Tribunal’s determinations can be made on paper, but if it decides to hold an oral hearing which you should attend it will inform you
The Tribunal can hold hearings, but are under no obligation to do so. If the Tribunal decided a hearing is appropriate in your case at which your attendance is required and permitted, you will be informed.
If the Tribunal finds no contravention of the legislation, or finds that an organisation has acted reasonably, then they cannot uphold a complaint or claim.
This may mean that any conduct has been properly authorised and guidelines complied with, or that the Tribunal are satisfied that the conduct complained of has not taken place.
If the Tribunal decides that there has been contravention of any relevant legislation and the organisation has not acted reasonably, they may uphold your complaint or claim.
The Tribunal has available a range of remedies such as compensation or other order as the Tribunal thinks fit including quashing a warrants and/or destruction of any records held.
If the Tribunal decides that a complaint or claim is
- unsustainable or vexatious,
- out of time and that the time limit should not be extended, or
- outside the Tribunal’s jurisdiction
they will inform the complainant that a decision to dismiss the complaint/claim has been made on this basis.
Section 242 of the Investigatory Powers Act 2016 (IPAct) amends the Regulation of Investigatory Powers Act 2000 (RIPA) to provide a right of appeal from decisions and determinations of the Tribunal on points of law that raise an important point of principle or practice, or if there is some other compelling reason for granting leave to appeal.
An application for leave to appeal must be made in writing within 21 days from the date on which notice has been given of the decision. The form can be found here.
There is no avenue to appeal the decision of the Tribunal on a procedural matter or if your complaint or claim has been decided as:
- Unsustainable or vexatious,
- Out of time and that the time limit should not be extended
Communication with the Tribunal will only be received via the Secretariat, through the email address, postal address or telephone number listed on this website. On no account should direct contact be attempted with Tribunal members.
Do you believe you have been the victim of unlawful interference by public authorities using covert techniques and/or have a complaint about the conduct of, or on behalf of, the UK intelligence agencies?
Complainants are entitled to lodge either a complaint, or a claim under the Human Rights Act, or both, using the relevant form(s).
Please refer to the information leaflets and the T1 and T2 forms to work out which is the appropriate form to submit. It may be appropriate in some cases to submit both forms.
If your complaint/claim falls within jurisdiction, is in time and isn’t unsustainable or vexatious, the public authorities you have complained about will be contacted and ordered to provide any information relating to you and the details of your complaint/claim. All organisations under the Tribunal’s jurisdiction are obliged by legislation to provide this information.
Or
The Tribunal can consider investigating complaints against any public authority which holds RIPA/IP Act powers (or other legislation which can be investigated by the Tribunal). If you wish to make a complaint, please complete Form T2. Please make sure you sign the form yourself.
Upon receiving your completed form(s), you will receive an acknowledgment and a reference number.
If your complaint/claim falls within jurisdiction, is in time and isn’t unsustainable or vexatious, the public authorities you have complained about will be contacted and ordered to provide any information relating to you and the details of your complaint/claim. All organisations under the Tribunal’s jurisdiction are obliged by legislation to provide this information.
Most of the Tribunal’s determinations can be made on paper, but if it decides to hold an oral hearing which you should attend it will inform you
The Tribunal can hold hearings, but are under no obligation to do so. If the Tribunal decided a hearing is appropriate in your case at which your attendance is required and permitted, you will be informed.
If the Tribunal finds no contravention of the legislation, or finds that an organisation has acted reasonably, then they cannot uphold a complaint or claim.
This may mean that any conduct has been properly authorised and guidelines complied with, or that the Tribunal are satisfied that the conduct complained of has not taken place.
Or
Section 242 of the Investigatory Powers Act 2016 (IPAct) amends the Regulation of Investigatory Powers Act 2000 (RIPA) to provide a right of appeal from decisions and determinations of the Tribunal on points of law that raise an important point of principle or practice, or if there is some other compelling reason for granting leave to appeal.
An application for leave to appeal must be made in writing within 21 days from the date on which notice has been given of the decision. The form can be found here.
Or
If the Tribunal decides that a complaint or claim is
- unsustainable or vexatious,
- out of time and that the time limit should not be extended, or
- outside the Tribunal’s jurisdiction
they will inform the complainant that a decision to dismiss the complaint/claim has been made on this basis.
There is no avenue to appeal the decision of the Tribunal on a procedural matter or if your complaint or claim has been decided as:
- Unsustainable or vexatious,
- Out of time and that the time limit should not be extended
Communication with the Tribunal will only be received via the Secretariat, through the email address, postal address or telephone number listed on this website. On no account should direct contact be attempted with Tribunal members.