Refugees in Libya – APS

Complaints and Reporting Procedure

Adopted on: 1 October 2024
Approved by: Board of Directors
 

This procedure should be publicly available. It complements the Code of Conduct and Safeguarding Policy by giving people a clear way to report concerns and understand what happens afterwards. Effective complaint mechanisms should be accessible, confidential, safe and timely, while complaint records should be limited to necessary information and protected appropriately. 
 

1. Purpose
 

Refugees in Libya – APS is committed to listening and responding fairly when people raise concerns about the organisation, its representatives, activities or services.

This procedure explains:
 

• who may submit a complaint;

• what may be reported;

• how complaints can be submitted;

• how complaints will be assessed and investigated;

• how confidentiality and personal information will be protected;

• how decisions may be reviewed;

• how complainants will be protected from retaliation.
   

Complaints help Refugees in Libya identify misconduct, improve its work and remain accountable to the communities it serves.
 

2. Who may submit a complaint?
 

A complaint may be submitted by anyone, including:

• a person who has requested or received support;

• a survivor, refugee or migrant;

• a family or community member;

• an employee, volunteer, consultant or intern;

• a Board or association member;

• a partner organisation or service provider;

• a donor, journalist, researcher or member of the public;

• a person reporting something they witnessed or became aware of.
   

A complaint may be submitted directly by the affected person or by another person acting with their knowledge or in their interests.
 

3. What may be reported?
 

Complaints may concern:
 

• disrespectful, discriminatory or abusive treatment;

• sexual exploitation, abuse or harassment;

• exploitation of people seeking support;

• requests for money, gifts, labour, sexual contact or personal favours in exchange for assistance;

• misuse of organisational authority;

• breaches of confidentiality or inappropriate disclosure of information;

• misuse of testimonies, photographs, videos or personal stories;

• fraud, theft, bribery or misuse of organisational resources;

• conflicts of interest;

• inaccurate or misleading public representations;

• failure to follow organisational policies;

• inappropriate conduct by staff, volunteers, Board members, consultants, partners or representatives;

• retaliation against someone who raised a concern;

• dissatisfaction with how a previous complaint was handled;

• any conduct that may place another person or the organisation at risk.
   

A person does not need to know which policy may have been breached before submitting a complaint.
 

4. Matters outside this procedure
 

This procedure is not primarily intended for:
 

• ordinary requests for humanitarian, legal, medical or protection assistance;

• applications for employment or volunteering;

• general questions or partnership proposals;

• disagreement with a legal decision made by a court or public authority;

• complaints concerning an organisation over which Refugees in Libya has no authority.
   

Requests for assistance should be submitted through the Request Support form.

General enquiries should be submitted through the Contact form.
 

Where a complaint concerns another organisation, Refugees in Libya may, with the complainant’s consent, provide information about an appropriate reporting channel or referral.
 

5. Safeguarding concerns
 

Complaints involving possible:

• sexual exploitation or abuse;

• harm to a child;

• trafficking;

• serious physical or psychological abuse;

• immediate threats to life or safety;

• exploitation of an adult at heightened risk;
   

will be handled under the Safeguarding Policy as well as this procedure.
 

Such reports must be referred immediately to the Safeguarding Focal Point or another authorised decision-maker.
 

6. How to submit a complaint
 

Complaints may be submitted through one of the following channels:

Email

complaints@refugeesinlibya.org

Online

Complaints and Reporting Form: view 

Post

Refugees in Libya – APS
Vicolo Bolognetti 2
40125 Bologna, Italy
 

Verbal report
 

A complaint may be made verbally to an authorised staff member, the Complaints Focal Point, the Executive Director or a Board member.

The person receiving a verbal complaint should record it accurately and confirm the account with the complainant where possible.
 

Alternative reporting route

Where the complaint concerns the Executive Director, it may be sent directly to:

President of the Board: yaqoub@refugeesinlibya.org 

Where the complaint concerns the President or several Board members, it may be sent to:

Independent complaints contact or non-conflicted Board member: [role-based email]

The organisation should avoid requiring complainants to report a concern directly to the person accused or to someone who supervises the accused where this could be unsafe or inappropriate.
 

7. Information to include
 

A complainant should provide as much of the following information as they safely can:
 

• what happened;

• when and where it happened;

• who was involved;

• whether anyone witnessed it;

• whether the concern is continuing;

• whether anyone is currently at risk;

• any relevant messages, documents, photographs or other information;

• how and when it is safe to contact the complainant;

• what response or resolution the complainant is seeking.

A complaint will not be rejected merely because some information is missing.

Complainants should not place themselves or another person in danger to obtain evidence.
 

8. Anonymous complaints
 

Anonymous complaints are accepted.

A person is not required to provide their name or contact information. However, anonymity may make it more difficult to:
 

• clarify the allegation;

• assess the available evidence;

• provide updates;

• communicate the outcome;

• take action where the allegation cannot otherwise be verified.
   

Anonymous complaints will still be assessed based on their seriousness, specificity, credibility and the information available.
 

Refugees in Libya will not attempt to identify an anonymous complainant unless necessary to address an immediate and serious risk or required by law.
 

9. Assistance in submitting a complaint
 

Refugees in Libya will try to make the complaints process accessible.

Where reasonably possible, assistance may include:
 

• accepting complaints in different languages;

• arranging interpretation;

• accepting audio or verbal complaints;

• helping a person record their complaint without changing its meaning;

• providing disability-related accommodations;

• allowing a trusted support person to assist the complainant;

• using a safe communication method requested by the complainant.

No fee will be charged for submitting a complaint.
 

10. Acknowledgement

Where safe contact information has been provided, Refugees in Libya will normally acknowledge receipt within five working days.
 

The acknowledgement should explain:
 

• that the complaint has been received;

• who will initially assess it;

• whether additional information is required;

• the next steps;

• the expected timeframe;

• how urgent safety concerns will be handled.
   

An acknowledgement does not mean that the allegation has been proven or rejected.
 

11. Initial assessment
 

The complaint will be assessed to determine:
 

• whether anyone faces immediate danger;

• whether urgent protective measures are required;

• whether the matter falls within this procedure;

• whether it should be handled under the Safeguarding Policy;

• whether there is a conflict of interest;

• whether an internal or external investigation is necessary;

• whether the matter should be referred to another competent body;

• whether the available information is sufficient to proceed.
   

The initial assessment should normally be completed within ten working days of receiving sufficient information.

Serious safeguarding, fraud or security concerns must not wait for the ordinary assessment timeframe.
 

12. Immediate protective measures
 

Where necessary, Refugees in Libya may take temporary measures before reaching a final decision.

These may include:
 

• restricting a person’s access to beneficiaries, children or sensitive information;

• temporarily changing duties or supervision;

• suspending representation of the organisation;

• preserving documents, messages or account records;

• separating the persons involved;

• arranging support or referral for the affected person;

• temporarily suspending an employee, volunteer, consultant or partner activity.
   

These measures are intended to prevent harm and protect the integrity of the process. They do not constitute a final finding of misconduct.
 

13. Informal resolution
 

Minor concerns may sometimes be resolved through:
 

• an explanation;

• correction of an error;

• an apology;

• facilitated communication;

• additional guidance or training;

• a change in procedure;

• another solution accepted by the complainant.
   

Informal resolution will not normally be used where the complaint concerns:
 

• sexual exploitation or abuse;

• violence or threats;

• serious harassment;

• harm to a child;

• fraud or corruption;

• retaliation;

• serious confidentiality breaches;

• repeated misconduct;

• a substantial imbalance of power that makes informal resolution unsafe.
   

A complainant will not be pressured to meet, communicate with or accept an apology from the person complained about.
 

14. Investigation
 

Where an investigation is required, Refugees in Libya will appoint an investigator who is:

• impartial;

• appropriately experienced;

• free from relevant conflicts of interest;

• capable of protecting confidential information.
   

The investigator may be an authorised person within the organisation or an independent external person.

The investigation may include:
 

• interviewing the complainant;

• interviewing the person complained about;

• speaking with relevant witnesses;

• reviewing messages, records, documents or financial information;

• examining applicable policies and agreements;

• considering contextual and security risks.
   

The investigation must be proportionate to the seriousness and complexity of the complaint.
 

15. Fair treatment
 

The complainant and the person complained about must be treated with dignity and fairness.

The person complained about will normally be informed of:
 

• the substance of the allegation;

• the policies or standards potentially involved;

• the process being followed;

• their opportunity to respond.
   

Details may be withheld temporarily where disclosure could:
 

• place someone at risk;

• interfere with the investigation;

• expose a confidential source;

• result in evidence being destroyed;

• violate a legal obligation.
   

A complaint will not be considered proven merely because it was submitted. Equally, it will not be dismissed solely because there are no independent witnesses or formal documents.
 

16. Standard of assessment
 

Internal findings will normally be based on whether the available information shows that it is more likely than not that the alleged conduct occurred.

This is an internal administrative standard. It is not the same as the standard required in criminal proceedings.

Where the available information is insufficient to reach a finding, the complaint may be recorded as unsubstantiated without treating it as false or malicious.
 

17. Timeframe
 

Refugees in Libya will aim to complete the complaint process within 30 working days after the initial assessment.

More complex complaints may require additional time, particularly where:
 

• several people must be interviewed;

• translation or external expertise is required;

• witnesses are difficult to contact safely;

• the complaint involves several countries;

• legal proceedings or external investigations are involved;

• sensitive digital or financial records must be examined.
   

Where the process will take longer, the complainant should receive an update explaining the delay and a revised estimated timeframe, where it is safe and possible to provide one.
 

18. Possible outcomes
 

A complaint may result in one or more of the following findings:

• substantiated;

• partially substantiated;

• unsubstantiated because the available information was insufficient;

• not substantiated;

• outside the organisation’s authority;

• resolved informally;

• referred to another appropriate procedure or body.
   

The absence of sufficient evidence does not necessarily mean that the complaint was dishonest.
 

19. Corrective and disciplinary action
 

Depending on the findings and seriousness of the conduct, Refugees in Libya may take measures including:
 

• an apology or correction;

• changes to services or procedures;

• additional supervision or training;

• a written warning;

• removal from certain duties;

• restriction of access to people, funds, systems or information;

• suspension;

• termination of employment, consultancy or volunteering;

• removal from a representative or leadership role;

• termination or suspension of a partnership;

• recovery of misused organisational funds or property;

• referral to a regulator, professional body or competent authority;

• organisational reforms intended to prevent recurrence.
   

Actions should be proportionate and should consider the safety of affected people.
 

20. Communicating the outcome
 

Where safe contact is possible, the complainant will be informed when the process has concluded.

The response should normally include:

• whether the complaint was substantiated, partially substantiated or not substantiated;

• a brief explanation of the decision;

• whether appropriate action has been taken;

• information about requesting a review.
   

The organisation may not be able to disclose confidential employment, disciplinary, safeguarding or personal information concerning another person.
 

The person complained about will also be informed of the findings and any action affecting them.
 

21. Requesting a review
 

A complainant or person subject to a finding may request a review where they believe that:
 

• relevant information was not considered;

• the procedure was not followed fairly;

• there was a material conflict of interest;

• significant new information has become available;

• the decision or measure was clearly unreasonable or disproportionate.
   

A request for review should normally be submitted within 20 working days of receiving the outcome.
 

The review must be conducted by a person who was not responsible for the original decision and who has no relevant conflict of interest.
 

The reviewer may:
 

• confirm the original decision;

• amend the decision;

• request further investigation;

• overturn the decision;

• recommend different corrective measures.
   

The review decision will normally be final within the organisation.
 

22. External reporting
 

Nothing in this procedure prevents a person from reporting a concern to:
 

• the police or judicial authorities;

• a regulator or supervisory authority;

• a donor or funding body;

• a professional association;

• a data-protection authority;

• a safeguarding or protection organisation;

• another competent institution.
   

Refugees in Libya may make an external referral where it is legally required or necessary to address a serious risk. Before doing so, the organisation should assess the possibility of retaliation, detention, deportation or further harm.
 

Where a complaint concerns the handling of personal data, the individual retains the right to contact the competent data-protection authority. 
 

23. Confidentiality
 

Complaint information will be shared only with people who need it to:
 

• assess risk;

• investigate the complaint;

• provide support;

• make or review a decision;

• comply with legal obligations.
   

The organisation cannot promise absolute confidentiality where disclosure is necessary to:
 

• prevent serious harm;

• protect a child;

• conduct a fair investigation;

• comply with the law;

• respond to a competent authority.
   

Where possible and safe, the affected person should be informed before their information is disclosed.
 

24. Personal information and records
 

Refugees in Libya will collect only information reasonably necessary to handle the complaint.

Complaint records must be:
 

• accurate;

• stored securely;

• accessible only to authorised persons;

• separated from general programme files where appropriate;

• retained only as long as necessary;

• anonymised or deleted when continued identification is unnecessary;

• transferred through secure channels where reasonably possible.
   

Records may include:
 

• the original complaint;

• risk assessments;

• correspondence;

• interview notes;

• evidence reviewed;

• decisions and reasons;

• actions taken;

• review requests and outcomes.
   

Publishing the identity of complainants, witnesses or association members merely in the name of transparency can be excessive; Italian and European data-protection principles require necessity and data minimisation. 
 

25. Protection from retaliation
 

Refugees in Libya prohibits retaliation against anyone who, in good faith: 
 

• submits a complaint;

• reports suspected misconduct;

• supports a complainant;

• provides information;

• participates in an investigation;

• refuses to participate in misconduct.
   

Retaliation may include:
 

• threats or intimidation;

• exclusion from assistance;

• dismissal or reduction of responsibilities;

• harassment;

• reputational attacks;

• disclosure of confidential information;

• interference with employment, volunteering or partnerships;

• pressure to withdraw or alter a complaint.
   

Suspected retaliation should be reported immediately and may be treated as a separate serious breach.
 

26. False or malicious complaints

A complaint that cannot be substantiated is not automatically false or malicious.

No action should be taken against a complainant merely because:

• evidence was unavailable;

• witnesses could not be located;

• accounts differed;

• the internal standard of proof was not met.
   

Action may be considered only where there is credible evidence that a person knowingly invented material allegations with the deliberate purpose of causing harm.
 

27. Conflicts of interest

Anyone involved in assessing, investigating or deciding a complaint must disclose any actual or perceived conflict of interest.
 

A conflicted person must not participate in the process unless the conflict is minor, has been disclosed and can be managed appropriately.
 

Where the Board or senior leadership is substantially conflicted, Refugees in Libya should appoint an independent external person to manage or review the complaint.
 

28. Learning and organisational improvement

Refugees in Libya will use complaints to identify:
 

• repeated problems;

• safeguarding risks;

• gaps in training or supervision;

• weaknesses in programmes or internal systems;

• barriers preventing people from reporting concerns;

• necessary changes to policies or partnerships.
   

An anonymised summary of complaint numbers, categories and organisational responses may be included in annual reports.
 

No public report should identify complainants, survivors, witnesses or accused persons.
 

29. Responsibilities
 

Board of Directors
 

The Board is responsible for:
 

• approving this procedure;

• overseeing serious complaints and organisational risks;

• ensuring complaints involving senior leadership are handled independently;

• reviewing patterns and systemic concerns;

• ensuring appropriate corrective action.
   

Executive Director

The Executive Director is responsible for:

• implementing the procedure;

• ensuring complaints are assigned appropriately;

• supporting access to records and personnel;

• taking authorised corrective or disciplinary action;

• reporting serious governance matters to the Board.
   

Complaints Focal Point

The Complaints Focal Point is responsible for:

• receiving and acknowledging complaints;

• maintaining the confidential complaint register;

• conducting or coordinating initial assessments;

• arranging appropriate investigation or referral;

• communicating with complainants;

• monitoring timeframes;

• identifying recurring concerns.
   

All representatives

Everyone working with or representing Refugees in Libya must:
 

• inform people about the right to complain;

• receive concerns respectfully;

• report serious misconduct;

• preserve relevant information;

• cooperate with authorised investigations;

• maintain confidentiality;

• refrain from retaliation.
   

30. Review of this procedure

This procedure will be reviewed at least every two years, or earlier where:

• a serious complaint identifies a gap;

• organisational activities change substantially;

• new legal or regulatory requirements apply;

• reporting channels are found to be inaccessible or unsafe.
   

31. Related documents
 

This procedure should be read alongside:
 

• Code of Conduct;

• Safeguarding Policy;

• Privacy Policy;

• Cookie Policy;

• Conflict of Interest Policy;

• applicable employment, volunteer, partnership and consultancy agreements.
   

Public complaints contact

Email: complaints@refugeesinlibya.org
Online form: view
Postal address: Refugees in Libya – APS, Vicolo Bolognetti 2, 40125 Bologna, Italy