If a person complains to the Commissioner about an alleged failure to comply with a Standard, and if the Commissioner decides not to investigate the complaint (or decides, after starting an investigation, to discontinue that investigation) the person who made the complaint can within 28 days, apply to the Tribunal for a review of the Commissioner’s decision.
The Tribunal will deal with the application “as if it were an application for judicial review made to the High Court” i.e. consider whether the Commissioner has used the discretion not to investigate in a legal manner.
The Tribunal must first decide whether to give permission for such an application. The Tribunal will give permission to apply where it considers that:
- the application would have a reasonable prospect of success, or
- there is some other compelling reason why the application should be heard.
For a review of a decision made by the Commissioner not to investigate a complaint, please tick box 3e on the Notice of Application form.