Complaints Procedure

Explanation of Article 18 of the Regulation for Private Security Organizations and Investigation Agencies

Explanation

Article 18 of the Regulation for Private Security Organizations and Investigation Agencies stipulates that a security organization or investigation agency must establish a complaints procedure. This complaints procedure must include at least the following information:

1. To whom the complaint should be submitted;
2. The minimum requirements that a complaint letter must meet;
3. The timeframe within which a complaint can be submitted;
4. The procedure to be followed for handling the complaint;
5. The period within which the complaint will be processed.

A copy of submitted complaints must be forwarded by the security organization or investigation agency to the Minister.

Article 1: Definitions and Scope

For the purposes of this regulation, the following definitions apply:

1. The organization: PSG Perception Security Group B.V., trading under the name PSG Recherche;
2. The director: The director of the organization;
3. The complainant: The person whose interest is directly affected by the conduct of the organization;
4. A conduct: The actions or omissions of the organization or its employees;
5. The accused: The organization against whose conduct a complaint letter has been submitted by a complainant;
6. A complaint letter: A written complaint against the conduct of the accused;
7. The complaints committee: The committee authorized to handle complaints on appeal. This refers to the Complaints Committee of the Professional Association for Private Investigation Agencies (BPOB);
8. An appeal letter: A written complaint against a decision by a director, the absence of a decision by a director, or the conduct of a director.

Article 2: Scope of Application

This regulation applies to the handling of complaints regarding the conduct of PSG Recherche and its employees.

Article 3: Method of Submission

1. A complainant or their representative may submit a complaint to the director of the organization responsible for the conduct.
2. A complaint letter must be signed and must include at least the following information:
   • The name and address of the complainant;
   • The date;
   • A description of the conduct objected to;
   • The grounds on which the complainant objects.
3. If the complaint letter does not meet the requirements specified in the second paragraph, the director of the organization will inform the complainant and invite them to rectify the omission within two weeks.
4. If the complainant fails to correct the omission as outlined in the third paragraph, the complaint will not be processed.

Article 4: Submission Deadline

The deadline for submitting a complaint letter is six weeks, starting from the date on which the conduct in question occurred.

Article 5: Free of Charge

There are no costs associated with handling a complaint letter.

Article 6: Acknowledgment of Receipt

The director will send an acknowledgment of receipt within two weeks of receiving the complaint letter.

Article 7: Notification to the Ministry

Within two weeks of receiving the complaint, the director must send a copy of the complaint letter to the Justice Department of the Ministry of Security and Justice.

Article 8: Oral Procedure

1. The director of the organization investigates the complaint and invites the complainant for a personal interview.
2. The director hears the complainant and may also seek information from third parties.

Article 9: Written Procedure

1. If the complainant does not wish to be heard, the complaint will be handled in writing.
2. If the complaint letter does not meet the requirements set out in Article 3, it will not be processed.

Article 10: Decision

The director shall decide on the complaint within six weeks of receiving the complaint letter.

Article 11: Written Notification

The decision regarding the complaint will be communicated to the complainant in writing.

Article 12: Appeal Letter

Within six weeks of receiving the director’s decision, an appeal letter can be submitted to the independent complaints committee.

Article 13: Method of Submission

1. A complainant or their representative may submit an appeal letter to the complaints committee.
2. An appeal letter must be signed and include at least the following information:
   • The name and address of the complainant;
   • The date;
   • A description of the conduct objected to;
   • The grounds on which the complainant objects.
3. If the appeal letter does not meet the requirements specified in the second paragraph, the complaints committee will inform the complainant and invite them to rectify the omission within two weeks.
4. If the complainant fails to correct the omission as outlined in the third paragraph, the appeal will not be processed.

Article 14: Acknowledgment of Receipt

The complaints committee will send an acknowledgment of receipt within two weeks of receiving the appeal letter.

Article 15: Procedure for Handling

1. If an appeal letter does not pertain to one of the subjects mentioned in Article 1, paragraph 7, the complaints committee will declare the appeal inadmissible.
2. If the appeal is admissible, the complainant and the accused will be invited for a hearing.
3. The complaints committee may also seek information from third parties.

Article 16: Decision

The complaints committee will make a decision within six weeks of receiving the appeal letter.

Article 17: Notification

The decision will be communicated in writing to both the complainant and the accused.

Article 18: Notification to the Ministry

A copy of the appeal letter and the decision will be sent to the Justice Department of the Ministry of Security and Justice.