Request a review of a legal or enforcement decision

You can ask us to review our decision to:

• launch a formal inquiry (Section 16 Equality Act 2006)
• launch a formal investigation (Section 20 Equality Act 2006)
• issue an unlawful act notice (Section 21 Equality Act 2006)
• enter into an agreement not to commit an unlawful act (Section 23 Equality Act 2006)
• begin legal proceedings to prevent or restrain an unlawful act (Section 24 Equality Act 2006)
• bring a claim for judicial review (Section 30 Equality Act 2006)
• conduct a formal assessment of compliance with the public sector equality duty (Section 31 Equality Act 2006)
• issue a compliance notice (Section 32 Equality Act 2006)

You can also request that we review a decision to require you or your organisation to provide information or take steps to avoid us using one of these powers.

We will review a decision to use our powers if:

1. you can supply new and significant information that directly affects the decision

or

2. you are able to provide reasons why you consider that the decision fails to satisfy one or more of our principles - proportionality, accountability/transparency, and consistency.

What you need to do

1. You must put the request for a review and full reasons for it in writing, providing any new information for us to consider. This must be received by us within one calendar month of the decision it relates to.
2. We will acknowledge receipt of the request within five working days.
3. A senior lawyer at the Commission, not previously involved in the matter, will assess whether the request meets one or both of the review criteria. Before doing so, they may first write to you asking for more information, or for clarification of new information already provided.
4. The senior lawyer will respond within 20 working days of receiving the request or within 10 days of receiving any additional information from you, whichever is later. If they consider that the conditions for a review have not been met, they will inform you of this and the decision will be final.
5. If they decide that the conditions for a review have been met, they will draft a report and recommendation for the Legal Director, then inform you that this has happened and give you an indicative date for a final response.
6. Within five working days of the Legal Director’s decision, the senior lawyer will write to inform you of the outcome of the review.
7. If you are dissatisfied with the outcome of the review, you may appeal in writing within 10 working days of receiving the decision. The appeal will be considered by the Chair of our Audit and Risk Assurance Committee within one calendar month. The Chair’s decision will be final.

There is no process for appealing against a decision by us to refuse financial support for a case. However, you can ask us to review our decision to:

• refuse legal assistance (under section 28 Equality Act 2006)
• not follow up – or to cease following up – a complaint about a third party’s alleged non-compliance with the Equality Act 2010,  including in relation to the public sector equality duty (PSED)

We will review a decision to refuse legal assistance or not to follow up on a complaint against a third party if:

1. you can supply new and significant information that directly affects the decision

or

2. you are able to provide reasons why you think our decision fails to satisfy one or more of the principles in our litigation and enforcement policy.

What you need to do

1. You must put the request for a review and full reasons for it in writing, providing any new information that we are being asked to consider. This must be received by us within one calendar month of the decision it relates to.
2. We will acknowledge receipt of the request for a review within five working days.
3. A senior lawyer at the Commission, not previously involved in the matter, will assess whether the request meets one or both of the review criteria. Before doing so, they may first write to you asking for more information, or for clarification of new information already provided.
4. The senior lawyer will respond within 20 working days of receiving the request or within 10 days of receiving any additional information from you, whichever is later. If they consider that the conditions for a review have not been met, they will inform you of this and the decision will be final.
5. If they decide that the conditions for a review have been met, they will draft a report and recommendation for the next meeting of our legal decision making group. They will inform you that this has happened, giving you an indicative date for a final response.
6. Within five working days of the legal decision making group meeting, the senior lawyer will write to inform you of their decision, which will be recorded in the minutes and will be final.

We will accommodate any reasonable adjustments you may have to help you through the review process, such as sending emails or letters in alternative formats.