Updating the EA’s Regulatory Appeals Process

Following the 2023 Suez Recycling and Recovery UK Ltd v Environment Agency (EA) decision, the EA committed to reviewing the regulatory complaints and appeals processes. While the complaints process will remain unchanged, the EA conducted a consultation on proposed changes to the regulatory appeals process. You can read about the existing regulatory complaints and appeals process here.

The EA proposed a 2-stage appeals process. You can download the EA’s full proposal here and their briefing note here.

Stage 1: Pre-Regulatory Appeal Decision allows the regulated customer to quickly correct errors or misunderstandings with minimal resource expenditure. Customers must contact the decision maker within 14 calendar days of the regulatory decision, and a response will be provided within the same timeframe. If the issue remains unresolved, the response will outline the next steps for a formal regulatory appeal in Stage 2.

Stage 2: Regulatory Appeal is designed for a formal and impartial review of the EA’s regulatory decision. Customers can request this appeal within 21 calendar days of receiving the Stage 1 decision by submitting a form available on GOV.UK. An initial review will confirm that the appeal meets the necessary criteria and timeframes. An impartial decision-maker, who was not involved in the original decision, will be appointed to reassess the case, taking into account any new information and relevant policies. A decision, along with any required corrective actions, will be communicated within 21 calendar days.

The REA submitted a response on the 10th of September. Download our response here. Please contact us or [email protected] with any questions about this consultation.