PART 5General

Withdrawn complaints: no written signed notification39.

(1)

This regulation applies where the complainant indicates a wish—

(a)

to withdraw the complaint, or

(b)

that no further steps be taken,

but does not provide a notification to that effect signed by the complainant or the complainant’s solicitor or other authorised agent on the complainant’s behalf.

(2)

The appropriate authority must write to the complainant to determine how the complainant wishes to proceed.

(3)

A letter under paragraph (2) must, unless otherwise determined in guidance issued by the Director General, be sent by recorded delivery.

(4)

Where the complainant—

(a)

replies confirming the complainant’s wish to withdraw the complaint or that no further steps be taken, or

(b)

does not reply within a period of 28 days starting with the day after the day the letter was sent by the appropriate authority in accordance with paragraph (2),

the appropriate authority must proceed as if it had received a notification signed by the complainant that the complainant withdraws the complaint.