How to appeal over a fair trading complaint
Fair trading complaints are handled by the BBC Executive in the first instance. Only if complainants are not satisfied by the BBC Executive's response can we get involved as BBC Trustees in considering appeals.
What does fair trading cover?
A fair trading complaint is a complaint about the way the BBC has interacted with commercial markets or conducted its commercial activities. A complaint can be about public service activity or the activities of the BBC's commercial subsidiaries. Typically a complaint may arise from a perceived failure to comply with the Trust’s Fair Trading Policy or Competitive Impact Code, or the BBC’s Fair Trading Guidelines, which you may like to consult if you are considering a complaint. You can find these documents below.
How to complain
If you think the BBC has breached these guidelines, your first recourse is to complain to BBC management.
How to appeal
A brief summary of the fair trading appeals process is given below. But if you are considering an appeal it is important to read the full Fair Trading Complaints and Appeals process, which gives significant extra detail.
- Fair trading complaints and appeals process, PDF (91.5KB)
- Fair trading complaints and appeals process, text only(16.3KB)
Summary of fair trading complaints appeal procedure
If you have exhausted the Executive’s complaints processes, and if you are not satisfied with the outcome, you may write to appeal to the BBC Trust within 20 working days of the BBC Executive's final response to your complaint (exceptionally the BBC Trust may allow appeals up to 40 working days of the BBC's final response if the Trust decides there is a good reason for the delay). Send your appeal to:
Head of Finance, Economics and Strategy
BBC Trust Unit
Room 211
35 Marylebone High Street
London
W1U 4AA
Your letter should include:
- A summary of your original complaint, including details of how the BBC has allegedly breached the Fair Trading Policy or Competitive Impact Code.
- Copies of any relevant correspondence with the BBC.
- The reasons you are dissatisfied with the original complaints decision.
We can usually only accept written appeals. A certain level of detail is required in order to allow your appeal to be properly considered and investigated. If you telephone with a potential Fair Trading appeal you will usually be asked to put it in writing. If you are unable to put your appeal in writing, or have any other access issues, please contact the Trust Unit Enquiries Line on 03700 103 100/textphone 03700 100 212 for assistance.
The Head of Finance, Economics and Strategy will let you know within 10 working days if your complaint qualifies for an appeal and, if it does, will let you know how long the appeal should take and the processes involved.
The Head of Finance, Economics and Strategy will investigate your complaint. Where appropriate you will see the results and have an opportunity to comment.
The BBC Trust's Public Value and Fair Trading committee will consider your appeal. In exceptional cases there may be an oral hearing and, if so, you would be asked to take part. Afterwards the Chairman will send you the committee findings.
Fair Trading appeals findings are published on this site.
If your appeal is upheld, the BBC Trust has a range of sanctions it can apply. These include instructing the BBC to apologise; instructing the Executive to take action to prevent the breach happening again; and asking the BBC to consider disciplinary action.
Please note that the BBC Trust cannot consider appeals in relation to alleged breaches of competition law. These should be addressed to the relevant competition authority.
