Handling Editorial Complaints
The BBC's programme complaints process is designed to be open, responsive and accountable to our audiences. The website www.bbc.co.uk/complaints makes it easier for people to send complaints direct to the BBC, and the overwhelming majority of complaints are dealt with in this way.
Independent producers who receive complaints from viewers on programmes made for the BBC need to be aware of the process. How we handle complaints demonstrates how open we are.
If somebody complains to the BBC (eg via the website), normal practice is for the commissioning department to respond to the complainant. They'll let you know that a complaint has been received, and will typically consult you about the response.
When someone complains directly to the independent producer:
- the producer should inform their commissioning contact about the complaint and provide a copy
- The BBC should be informed of all complaints (rather than simply comments or suggestions)
- you'll also need to take a view on whether to 'red-flag' the case based on the seriousness of the complaint and whether it might affect the transmission or future transmission of the show
If in doubt, ask! In most cases it will make sense for the commissioning department to respond, since this ensures the complaint is dealt with consistently, including offering the option of taking the complaint further in the process.
But if you do respond, the complaint should be responded to by a senior figure involved in the production, within 10 days of receipt, in consultation with the commissioning executive, and forwarded on to BBC Information for logging. Keeping track of a complaint is vital to us - we want to make sure that we learn from complaints and feed through any lessons into our editorial processes.
There are three levels of handling editorial complaints:
- Stage 1) handling at point of initial contact - a complaint sent to a production company, BBC Information, or the BBC commissioning contact.
- Stage 2) the complainant can appeal to the Editorial Complaints Unit, which is independent of the commissioning/programme making areas.
- Stage 3) the complainant can appeal to the BBC Trust Editorial Standards Committee.
We should always try to resolve the complaint at Stage One; but after two exchanges of correspondence you should take advice from the commissioning department about whether to offer the next stage in the process - the appeal to the ECU. In that instance, you can use this form of words to advise the complainant about the process:
'The BBC's complaints system allows for complainants to take their comments further, should they wish, to the Editorial Complaints Unit, which is independent of the programme making areas. You can contact the ECU at the following address, who will decide whether to undertake an independent investigation of the programme. BBC Editorial Complaints Unit, Media Centre, Media Village, 201 Wood Lane, London W12 7TQ'
Fairness and Privacy Complaints
In Fairness & Privacy cases where individuals complain direct to the BBC (or to an independent production company commissioned by them) we are now required to retain all supporting material and documentation (including rushes etc) for at least 90 days after responding to the initial enquiry. The reason for this is that should the complainant subsequently take their case to OFCOM, the regulator can request all relevant recordings and other supporting material from the broadcaster to assist their own investigations.
NB: 'Fairness' covers any alleged unfair treatment of, or to, contributors in programmes. 'Infringement of privacy' covers the 'obtaining of material included in programmes' and can extend to when the relevant material is re-used in further programmes, in addition to the one for which it was originally obtained. Fairness or privacy complaints can be made by any person or organisation affected by the programme, or by a third party authorised to make the complaint on behalf of the person or organisation affected.
Complaints from Independent Producers about the Commissioning Process
This procedure is for independent production companies with complaints about BBC Vision's commissioning process, which have not been able to be resolved by the commissioning genre. There are three stages in the complaints procedure.
Stage 1 - Refer to Independents Executive (4 weeks)
Complaints should be submitted in writing to the Independents Executive (contact details below).
To be eligible at this stage, the complaint needs to fulfil the following criteria, that is, to be:
- Regarding a network idea
- Submitted by a bona fide independent production company through the established BBC processes
- About an issue on which BBC commissioning has fallen short of its published commitments on fair and meritocratic processes
- Not involving BBC's Fair Trading policy (this is a separate process)
If the complaint doesn't meet these criteria, the complainant will be informed in writing of the reason why, and where appropriate the complaint may be handled by:
- the relevant genre, or a line manager
- BBC Litigation
- Audience Services (for example if it is an editorial complaint)
- Fair Trading
The Independents Executive will take an impartial view of the case with reference to the BBC's published commitments on commissioning, discuss it with both the company concerned and the relevant BBC commissioning or business affairs representative, and seek a resolution.
The investigation includes the gathering of evidence by the Independents Executive, involving interviews, written correspondence/evidence, and the construction of a timeline of events. The issues forming the complaint will be agreed with the complainant in writing.
This process would generally take 6 weeks*. Based on that evidence, the Independents Executive will write a response to the complainant. Other BBC executives may become involved to consider the complaint, offer solutions, or respond on behalf of the Indies Exec (for example if he or she is conflicted).
Stage Two - Appeal to Vision Complaints Panel
Should the complainant not be satisfied with the response from the Independents Executive, they may appeal to the Vision Complaints Panel.
The panel is managed by Jo Korn, and comprises:
- Director of BBC Vision Jana Bennett
- Director of Vision Operations and Rights Bal Samra
- Director of Archive Content, Roly Keating
Appeals to the panel should be made within two weeks of receipt of the response from the Independents Executive, to the Vision Complaints Panel manager. She will consider if there are issues that have not been fully addressed at Stage 1, or fundamental process issues, such that an appeal to the VCP is warranted.
The Vision Complaints Panel will:
- Review the evidence collected by the Independents Executive, and the decision reached.
- At their discretion, hear evidence in person from the complainant.
- Uphold or reject the appeal
- Write a response, through the VCP manager
- Ensure that lessons learned are fed into BBC editorial and managerial processes
- At their discretion, request more information.
We aim for this investigation and hearing to take 6 weeks.*
Stage Three - Commissioning Compliance (4 weeks)
Should the complainant not be satisfied with the response from the VCP, then cases which relate to the fairness of the commissioning system can be appealed outside BBC Vision to Controller, Fair Trading (Balbir Binning), and investigated by the compliance team.
A request to appeal should be made to the VCP Manager within two weeks of receipt of the decision of the Complaints Panel, who will inform Balbir Binning.
Should the Controller, Fair Trading believe that the complaint merits investigation, the unit will conduct their own investigation, drawing on the response and evidence considered by the Complaints Panel.
This investigation will generally take six weeks.*
*Note
- Six weeks is the average length of time taken for the relevant investigation, but will also depend on factors such as the availability of key personnel or the need for supplementary information. If for any reason this timescale cannot be met, you will be informed of the reason for delay, and the likely timescale for completion.
- The Complaints process that applies at each stage is the published one.
- If there are any subsequent published changes to the complaints process, they will apply to each stage at the point that the complainant decided to activate it, but will not apply retrospectively to a stage that is currently active.
Contact
Krishan
Arora,
BBC Independents Executive,
Room 6239, BBC Television Centre, Wood Lane,
London, W12 7RJ
Phone: (020) 8576 1359
Email: krishan.arora@bbc.co.uk
Page last updated 26 November 2009
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