Complaints and Disciplinary Procedure

The British Au Pair Agencies Association (BAPAA) Complaints and Disciplinary Procedure

Introduction

BAPAA is the only recognised Trade Association for the British Au Pair Industry and was formed with the sole purpose of setting and promoting standards for the Au Pair industry.

Making a Complaint

A complaint against a BAPAA member agency (Agency) should be addressed to the BAPAA Executive Committee in writing (or by email). The complaint must be received by BAPAA within 6 weeks of the following;

  1. the alleged breach of the BAPAA Code of Conduct
  2. court judgement being entered against the Agency

The BAPAA Executive Committee (The Committee) will acknowledge in writing receipt of the complaint within 7 days of receipt of the complaint.

Complaints we will investigate

BAPAA are only able to investigate complaints of non-compliance by a BAPAA Agency to the BAPAA Code of Conduct. For details of the complaints that we cannot deal with please see below.

As part of the investigation process the member Agency concerned will be written to and invited to respond in writing to BAPAA within 21 days. If necessary, the Agency may be required to attend a meeting with the BAPAA committee to discuss the nature and facts surrounding the complaint. After a full investigation of the complaint, the BAPAA Committee will inform both parties of the results of their investigation.

If a complaint is as a consequence of a court judgement against an Agency, BAPAA will investigate the nature of the case brought against the Agency to determine if the Agency has breached the BAPAA Code of Conduct.

If an Agency has 3 complaints or more upheld against it in any 12-month period, the Agency’s membership to BAPAA will be terminated immediately. Each complaint must be independent and unrelated to each other complaint.  Should a disqualified Agency wish to become a BAPAA member in the future, they must make a full new application.

Complaints we will not investigate

BAPAA members are required to adhere to the BAPAA code of conduct in order to maintain and continue their membership to BAPAA.  BAPAA are only able to investigate complaints of alleged non-compliance to the BAPAA Code of Conduct.

BAPAA has no legislative or regulative authority in any way shape or form and cannot usurp the jurisdiction of the courts of the United Kingdom.

BAPAA does not have any statutory or legal authority to investigate and/or adjudicate and/or mediate on any alleged complaint against our member agencies for the following types of complaint:

  • individual complaints other than those that are breaches to BAPAA’s Code of Conduct
  • Complaints concerning service standards of the Agency
  • Complaints concerning an Au Pair placed by an Agency
  • breach of contract including whether a refund is due
  • breach of any law in statute or common law
  • where the courts have jurisdiction to determine the outcome of a dispute
  • any issues concerning non-BAPAA members

In these circumstances, the member Agency concerned will be contacted by the Executive Committee with the details of the complaint and be asked to respond directly to the complainant to resolve the problem.

The complainant is advised in the first instance to contact the Agency direct. If, however, an amicable resolution cannot be found with the Agency the complainant should seek independent legal advice.

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November 2016

 

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