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 is now seeking stakeholders’ feedback on proposed regulatory appeals process updates. You can read about the existing regulatory complaints and appeals process here.

The EA is proposing a 2-stage appeals process:

Stage 1: Pre-Regulatory Appeal Decision

Purpose: Quick correction of errors or resolution of misunderstandings with minimal resource expenditure.

1. 1. 1. 1. The regulated customer contacts the decision maker within 14 calendar days of a regulatory decision.
         2. A reply is provided within 14 calendar days. If unresolved, the response will guide the next steps for a regulatory appeal (stage 2).

Stage 2: Regulatory Appeal

Purpose: Provide a formal and impartial review of the regulatory decision made by the EA.      

1. 1. 1. 1. Within 21 calendar days of the Stage 1 decision, the regulated customer can request a regulatory appeal using a form available on GOV.UK.
         2. An initial review ensures the appeal meets the regulatory decision criteria and timeframes.
         3. An impartial decision-maker, uninvolved in the original decision, will be assigned.
         4. The new decision maker will reassess the original decision, considering fresh information and relevant policies.
         5. A decision will be made and communicated within 21 calendar days, including any necessary corrective actions.

You can download the EA’s full proposal here and their briefing note here.

How to Respond

The EA feedback from (here) includes 4 questions:

1. 1. Do you agree with the proposals for Stage 1, Pre-regulatory Appeal Discussion?
   2. Do you agree with the proposals for Stage 2, Regulatory Appeal?
   3. Do you consider that this process meets the requirements of the Regulators’ Code?
   4. Do you have any other comments regarding the regulatory appeal process?

All feedback must be provided to the EA before 9 AM on Thursday the 12th of September. Individual submissions can be sent to [email protected].

The REA will provide a collated response to the EA. If you would like to contribute to our response, please send us comments or concerns by Monday, the 9th of September. Members are also welcome to contact us with any questions or concerns about the proposed changes and/or the feedback process.