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Appealing against the result of an investigation by the Commissioner

Appealing against the result of an investigation by the Commissioner

In some cases, it's possible to appeal against the result of an investigation by the Welsh Language Commissioner.

Under section 71 of the Measure, the Welsh Language Commissioner can investigate a complaint that a person has failed to comply with a Standard.

After completing the investigation, the Commissioner will determine:

  • whether there was a failure
  • if so, what enforcement action to take

The person who was the subject of the investigation can appeal to the Tribunal (within 28 days) under section 95 of the Measure, on the grounds that:

  • the Commissioner was wrong to determine that there was a failure to comply (section 95(2) )
  • that the Commissioner’s proposed enforcement action is unreasonable or disproportionate (section 95(4) ).

In an appeal against proposed enforcement action, the Tribunal can vary that action.

For an appeal on the grounds that the Commissioner was wrong to determine that there was a failure comply, please tick box 3b on the Notice of Application form.

For an appeal on the grounds that the Commissioner’s proposed enforcement action is unreasonable or disproportionate, please tick box 3c on the Notice of Application form.

Appeal by a complainant

A complainant (i.e. a person who made a complaint to the Commissioner that led to an investigation) can appeal to the Tribunal (within 28 days) under section 99 of the Measure if the Commissioner has determined, following the investigation, that there was no failure to comply.

For an appeal against the Commissioner’s determination that there was no failure to comply, please tick box 3d on the Notice of Application form.

You can download our application form.  If you have problems downloading the form or you would like it in a different format please contact us.

Appealing against an evidence notice

If you have received an evidence notice from the Commissioner and wish to appeal against it, use the Notice of Application form. You will not need to tick one of the boxes in the first part of section 3 of the Notice, but you should include a statement of the nature of your application, together with the reasons for making it, in the box for giving those reasons (or in a separate document if necessary). If you need more information about this kind of appeal please contact the Tribunal.

Related links

The Tribunal's procedures are governed by the Tribunal Rules and Tribunal Practice Directions.
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