Complaints process

It is sometimes the case that, having been informed of the Code of Practice Panel’s ruling in a case, one or other of the parties will request further information from the Panel as to the reasoning behind its ruling. Occasionally amendments to the Panel ruling might be suggested.

The PMCPA aims to deal with all complaints under the Code in a timely manner. The following is intended to guide complainants so that their submissions will help the Authority in this regard.

Companies are reminded that the ‘Guidance on Appeal Procedures’ states, inter alia, that new material, ie material which has not been included in the papers submitted in relation to the case, cannot be introduced at the appeal hearing as set out in Paragraphs 7.4 and 7.5 of the Constitution and Procedure. Presentations at an appeal can only refer to data previously submitted, by either party, in writing to the Authority. It is unacceptable to introduce new material at the appeal hearing itself.

When preparing an appeal against a decision of the Code of Practice Panel or responding to an appeal care should be taken as to the nature and quantity of material to be submitted as evidence.

Brevity may not always be possible when complex matters are appealed but a clear and concise exposition of the facts should be aimed at. Repetition of the same point should be avoided. All points should be covered in the main text without the use of footnotes.