Privacy and Complaints Policy

AMS Mediation Services Ltd (“we”, “our”, “us”) places the highest importance on your privacy and data security. This policy explains our approach to collecting, using, storing, and sharing your personal information, and details how you can raise complaints regarding data and service matters. We adhere strictly to the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (GDPR).

1. Information We Collect and Process

We collect and retain only the information necessary for your mediation case. This typically includes your name, contact details, and, where relevant, your home address, date of birth, national insurance number, ethnicity, health and disability information, and financial details if supplied directly by you.
Information may also be recorded if you are mentioned in mediation correspondence. Any additional data shared with your Mediator during the process is retained by them.
We have a ‘legitimate interest’ under GDPR in processing your data, so specific consent is not required for retention.
All information gathered is relevant, adequate, and limited to what is strictly necessary.
Mediators do not share information externally without your prior consent, except where directed by a court, urgent safeguarding concerns arise, or a crime is suspected.
Your data is held securely, either in our client database or in Mediators’ records, and managed with the utmost confidentiality.
We also collect technical data (such as IP address and device information), website usage statistics, and records of communications from emails, contact forms, and phone calls.

2. How We Use Your Information

To provide and manage mediation services and respond to your enquiries.
To maintain communication with you throughout the mediation process.
To enhance the functionality of our website.
To drive continuous improvement in our service delivery.
To fulfil our legal and regulatory responsibilities.

3. Data Storage, Retention and Security

We implement robust technical and organisational measures to protect your information from unauthorised access, modification, or misuse.
Telephone calls are recorded for training and monitoring purposes only. Personal information is not logged in these recordings, which are not attached to your case and are deleted after three months. General emails unrelated to your case are also deleted after three months, while case-related emails are kept securely and permanently deleted in accordance with our retention policy, depending on your case stage and funding type.
If mediation proceeds, your details are kept for two years after your case concludes, with digital copies retained for up to six years. If mediation does not commence, information is stored for twelve months after case closure. All data is securely and permanently destroyed after these periods.
Data may be shared with trusted third-party providers who support our service delivery, under confidentiality agreements, or with regulatory bodies such as the Family Mediation Council if required for complaint investigation.
We do not use your data for sales, marketing, or automated decision-making, nor do we disclose your information to external parties for such purposes.

4. Your Data Protection Rights

Under data protection law, you are entitled to:

Be informed about how your data is used
Access the data we hold about you (Subject Access Request)
Rectify inaccurate or incomplete information
Request erasure of your data
Request restriction of processing
Data portability
Object to processing
Not be subject to solely automated decisions, including profiling
Withdraw consent at any time, where applicable

To make a Subject Access Request, clearly state “Subject Access Request”, specify the data you require (including relevant dates or search criteria), and indicate how you wish to receive the information. An admin fee may be charged for requests deemed manifestly unfounded or excessive, in line with ICO guidance. We will respond within a calendar month, except in limited circumstances as advised by the ICO.

If you believe any data we hold about you is incorrect or incomplete, you can request rectification at any time.

5. Cookies and Website Links

Our website uses cookies to monitor visitor numbers and site usage for analytics. We may ask your permission to store cookies on your device, and you can manage cookies via your browser settings.
We may include links to external websites for informational purposes. Please note that our privacy policy does not extend to these sites, and we recommend reviewing their policies separately. We accept no responsibility for their content or data practices.

6. Data Sharing and Disclosure

We do not share your information with external third parties without your prior consent, unless required by law, a court order, urgent safeguarding concerns, or if a crime is suspected.
With your consent, your information may be shared with mediators and partners within our network to assist with service delivery. These parties are obliged to maintain confidentiality and use your data only for specified purposes.
If a formal complaint is escalated, confidential mediation notes may be shared with the Family Mediation Council as regulator.

7. Our GDPR Complaints Policy

We are committed to providing high-quality services and value your feedback. If you have concerns regarding our handling of your personal data, you can lodge a complaint by:

Email: Send your complaint to our team using the email address on the site
Contact Form: Use our online contact form with “Complaint” as the subject
Post: Write to us at our registered office address
Phone: Call us during business hours

Please include your full name, contact details, any relevant case information, a clear description of your concern, and any supporting documents. We will acknowledge your GDPR complaint within two working days, investigate thoroughly, and aim to provide a comprehensive response within ten working days. If more time is needed, you will be kept informed.

All complaints are handled in confidence and shared only with those involved in resolving them.

8. Contacting Us and the ICO

AMS Mediation Services Ltd is registered as a Data Controller with the ICO (registration number: ZB376258). If you wish to exercise your data rights or submit a privacy complaint, please contact us as outlined above. If you remain dissatisfied, you may contact the Information Commissioner’s Office at www.ico.org.uk or telephone 0303 123 1113.

If you have any questions about this policy or wish to exercise your rights, please contact us without hesitation.

If your complaint concerns your Mediator or the service received whilst managing your case, please refer to the Service Complaint Policy below or contact the office initially so we can better direct your enquiry.

Mediation/Service Complaints Policy

1. Our Commitment

The AMS Mediation Services Ltd network is dedicated to providing excellent service. We acknowledge that there may be occasions when our service does not meet your expectations. All complaints are taken seriously, and we strive to resolve them promptly and fairly.

2. How to Make a Complaint

You can submit a complaint using any of the following methods:

Email: Send your complaint to our team using the email address on the site
Contact Form: Use our online contact form with “Complaint” as the subject
Post: Write to us at our registered office address
Phone: Call us during business hours

Wherever possible please email your concerns as this ensures we capture all elements of your dissatisfaction.

3. What to Include

To help us address your complaint effectively, please provide:

Your full name and contact details, including case reference number if applicable
Details of the service, interaction, or mediator you are complaining about
A clear description of the issue and why you are dissatisfied
Any relevant dates, reference numbers, or documentation
Your desired resolution

4. Our Response Process

Stage 1 – Acknowledgement: We will acknowledge your complaint within 10 working days of receipt and confirm who will investigate and respond to you.

Stage 2 – Allocation:

If your complaint is about your mediator:

If your complaint is about your mediator and concerns breaches of The Family Mediation Council’s (FMC) Codes of Practice or Standards Framework Part 5, it must relate to actions within the last 3 months before the complaint is received in writing. If it relates to the conduct of mediation overall, the 3-month period begins from the last mediation session.
Your complaint will be allocated to your mediator for a response, with assistance from their Supervisor/PPC. If applicable, the other party to the mediation will be informed that a complaint has been received and that the complaints procedure has commenced. Mediation sessions may be paused during the investigation.

If your complaint is about our general service and not mediation:

If your complaint concerns the administration of your case or any other aspect of our service outside of mediation, it will be passed to the relevant office manager for an initial response.

Stage 2 – Investigation: We will thoroughly investigate your complaint, which may include reviewing records and consulting relevant staff. We may ask you for additional information to assist our investigation.

Stage 3 – Resolution: We aim to provide a full response within 10 working days from the end of the acknowledgement period. If more time is required, we will keep you informed of our progress. Where appropriate, we may offer mediation to reach a mutually agreeable resolution.

Stage 4 – Escalation: If you are not satisfied with our initial response, you may request escalation to senior management for a final review. Senior management will review the entire file and complaint correspondence and aim to provide a final response within an additional 10 days from receipt of your escalation request. If more time is needed, we will notify you with an explanation and a revised response date.

Stage 5 – External Resolution:

If your complaint concerns your mediator and senior management cannot resolve it, or it is inappropriate for them to do so, and the complaint alleges breaches of the FMC Professional Standards (e.g., Code of Practice, PPC Code of Practice, FMC Standards Framework), you may refer it to the Family Mediation Standard’s Board (FMSB) within 3 months.
- Appeals
- The complaints process includes the potential for an appeal against the FMSB complaints panel’s decision.
  - a. You or your Mediator may appeal on the following grounds:
    - i. That the FMSB complaints panel did not take into account relevant evidence or did not give sufficient weight to the evidence.
    - ii. That the correct process was not followed by the FMSB complaints panel.
  - b. A mediator may also appeal on the grounds that any disciplinary action taken was not in proportion to the nature of the misconduct.
  - c. Where an appeal against an unsuccessful complaint is upheld (meaning the original complaint is upheld). The appeals panel may take disciplinary action.
  - d. Where an appeal against a disciplinary decision is made, the Appeals Panel may consider taking disciplinary measures.
  - e. A decision by the Appeals Panel may be the same as or different to that reached by the Complaints Panel.

There is no external resolution process for service complaints unless it relates to breaches of your GDPR. Please refer to our GDPR Complaints Policy for further information.

5. Vexatious Complaints

Due to the nature of our service, you may sometimes feel aggrieved by our contact or the outcome of the sessions. However, we will not investigate complaints that are deemed vexatious or of a purely personal nature.

Complaints will be considered vexatious if:

Their purpose appears to be to intimidate, disturb, disrupt, or unduly or unfairly pressure the mediator or the FMSB
They are persistent/repetitive, repeating the same or similar complaints already investigated
They are clearly unfounded and unsupported by evidence
They are irrelevant and relate to matters other than mediation
Abusive or offensive language is used

Complaints are considered of a purely personal nature if:

They are discriminatory or focus on the personal attributes or circumstances of a mediator rather than their actions as a mediator

6. Confidentiality

All complaints are handled confidentially and shared only with staff members involved in the investigation and resolution process.

7. Learning from Complaints

We regard complaints as valuable feedback, helping us to improve our services. Complaints are regularly reviewed to identify patterns and guide improvements in our processes and training.

Questions About These Policies?

If you have any questions about our policies or wish to exercise your data protection rights or submit a complaint, please contact us.