APL Complaints Procedure

In the unfortunate event that during / on completion of works or a realistic time post completion there seems the need to raise a complaint, the client or the member may contact The Association of Professional Landscapers (APL) directly. This contact can form the start of the APL’s “Complaints Resolution Procedure”. Complaints are treated seriously and are responded to within 2 working days of their receipt. All APL members are required to have a complaints procedure. In the light of a complaint where their own procedure fails, and a resolution cannot be achieved, APL members are required to follow the agreed APL procedure.  

It is important to note that complaints are contractually between the parties involved and that the APL is simply acting as a facilitating 3rd party during the duration of this procedure. 

COMPLAINTS RESOLUTION PROCEDURE

1. Unresolved complaint arrives from a client or member by email, telephone or post to the APL.
2. The APL administrator or General Manager (GM) will check current membership status of the landscaper in question.
3. If the business has never been an APL member the APL is unable to assist further in regard to the complaint however, it will advise the complainant to either contact their local Trading Standards office or Citizen Advice service for further help; https://www.citizensadvice.org.uk/.Similarly, if the business was a member or is a current member, but the works within the complaint have been done outside of the actual current membership status. The same action will apply. 
4. If for any reason the landscaper in question is not a current APL member but is using any of its associated logos i.e. APL, HTA or TrustMark, the APL administrator or GM will initiate the infringement policy procedure. A letter and email will be forwarded to the landscaper instructing them to remove all references immediately.  If the landscaper does not comply within the deadline set (usually 30 days), the APL administrator will inform the local Trading Standards office, and TrustMark directly. 
5. If the landscaper in question is an APL member and the works have been completed during their membership, the APL administrator or GM will establish what communication, if any, has taken place between both parties. If no communication has taken place, where possible the APL will instruct the complainant to attempt to resolve the issues either verbally with written confirmation, or in writing (by hand or email). This needs to be completed within 7 days. 
6. In the meantime, the APL administrator or GM will contact the respondent to notify them of the complaint, and to recommend they communicate with the complainant to resolve the issues. 
7. If there is no response within 7 days, the APL will contact the respondent and advise them of the next steps. It is important to note that both parties must engage in the process. If not, alternative actions will be suggested by the APL and the case will be closed. If it is the member who failed to comply, then the APL disciplinary panel will be notified, and the disciplinary procedure may be instigated. 
8. If the issues cannot be resolved through this stage, the APL administrator or GM will send the APL Complaints Initiation Form to the complainant to detail their complaint. The form and any relevant supporting information i.e. contract documentation, email communications, photographic evidence etc., must be returned to the APL by post or electronically within 7 days. 
9. On receipt of a completed APL Complaints Initiation Form from either party, the case is then classed as an official complaint. A Complaint Response Form is then sent to the respondent to reply within 7 days. 
10. At this point, the APL administrator or GM will create a case file on the member’s CRM record so that all the correspondence details are logged to the system.  
11. It should be noted that if the APL member does not respond to any communication from the APL in connection with the complaint made against them, the case will be referred to the APL disciplinary panel and the disciplinary procedure may be instigated. 
12. On receipt of the completed APL Response Form the APL administrator will forward the case to the APL General Manager and APL Complaints Panel, if necessary, it may also be sent to an appropriate APL Committee Members (dependent on the complaint and technical issues) for their input. The Panel will then undertake a desktop review of the client’s or members complaint and the contractor/designer’s/clients defence material. 
13. On some occasions a member of the APL Team may contact either party to obtain extra images or video to clarify points in the complaint, or may if felt necessary visit the site. This site visit is non-invasive. See point 13.1. This is an extra information gathering exercise and should be responded to in a timely manner so the complaints panel can deliver their response. 
    1. It should be noted that no independent site visit to fully inspect works and provide reports compliant to CPR Part 35 are available as part of The APL free process. If it gets to the stage that this is required, The APL will sign post you to appropriate organisations who can supply this service. The contract would then be between yourselves and this party. The APL would then consider the case closed on their records, but would like to be made aware of the conclusions, so they can decide whether membership is still appropriate.  
14. A report will be drawn up within 7 days after the review and made available to both parties and where possible suggestions of a suitable course of action. Please note, these are just suggestions and have no legal jurisdiction or right to enforce. Both parties may either take this advice or, seek an alternative course of resolution which the APL can advise on.  
15. After the reports have been served, they complete the APL involvement in the case. Reports are advisory and offered strictly as suggestions as part of this facilitation process, they could be usable if the case was taken down a formal or legal route. They are opinions and are not negotiable. At this juncture The APL will step back from the case but will be willing to advise on the next steps via Alternative Dispute Resolution (ADR). The case will be recorded and closed and no further facilitation will take place.
16. The APL will not be able, or willing to facilitate in any financial negotiations on behalf of the client or member. 
17. It should be noted that if it is identified that works within the complaint point to substandard performance by the member and there is a resistance by said member to correct their work. The member will be requested to attend a meeting (either in person or via internet) with the disciplinary panel. This could result in suspension, whilst a full investigation is conducted. This could lead to possible expulsion from the APL membership. 
18.  If at any stage during this process either party take legal action, the APL will not be able to take any further part in the process and will step down. However, dependent on the final outcome, the APL Disciplinary Panel will review the APL Member’s membership status, to ensure they continue to comply with TrustMark and the APL Code of Conduct.   
19. It should be noted that if a member receives more than 1 complaint against them in a 12 month period, this will be investigated by the APL disciplinary panel and could result in suspension as per the APL disciplinary procedure. 
20.  All complaints remain live on the members file for 12 month period and archived for a further two years to ensure a pattern of complaints are not being formed. 
21. There are no rights to appeal the panels decision, as they are simply suggestions based on the evidence provided. However, as a member, if you feel your case has not been dealt with in a correct manner, you do have the right to raise a formal complaint via the HTA complaints process. https://hta.org.uk/about-us/complaints-policy