The Considerate Constructors Scheme's aim is to improve the image of construction by raising standards of construction sites and companies through the monitoring of their activities on site. The Scheme compares the performance of sites by monitoring and scoring them against the Scheme's Code of Considerate Practice. Sites that register with the Scheme are expected to attain levels of at least compliance with the Code of Considerate Practice. The Scheme will help and encourage sites to achieve levels of compliance. The non-compliance process describes how the Scheme deals with sites that do not achieve compliance.

Non-compliance and Disciplinary Process

If a site has a non-compliant score (2.5 or less) in any one section of the Monitor's Site Report, the Scheme will write to the site contact highlighting the area(s) of non-compliance requiring attention and will request that appropriate action is taken to address the issue(s) highlighted.

If the score is a 'minor' non-compliance (a score of 2 or 2.5), it may be that the issue(s) is simply highlighted and that the site is requested to take appropriate action before the next visit, or we may ask the site to confirm in writing what actions they have taken to address the issue(s) identified. Very occasionally, and depending on the nature and/or severity of the area(s) which failed, we may request a revisit so that a Scheme Monitor can confirm that the issue(s) have been properly addressed.

If the score is a 'major' non-compliance (a score of 1.5 or less), it is extremely likely that we will request that a revisit takes place after an appropriate period of time has elapsed so that a Scheme Monitor can confirm that the issue(s) have been fully and properly addressed.

Should a subsequent visit identify that the area(s) of non-compliance have not been adequately addressed, the Scheme will write to the company at a senior level to inform them of the area(s) that need to be rectified in order for the site to remain registered. The Scheme will also write to the client contact for that site to inform them of the issue(s) highlighted. The site will then be given appropriate time to carry out the necessary work to meet compliance before another visit is arranged.

A further site visit will be made to check that the site now complies with the Scheme's Site Code of Considerate Practice. In the case of the site failing to deal with the problem(s) in an effective manner, or for any other reason causing the Scheme to think that the site continues to be in breach of the Code, a report of the incident(s) will be passed to the Scheme's Chairman.

The Chairman will consider the appropriate action to take and may decide that the site should be removed from the Scheme. Where the Chairman's decision is to remove the site from the Scheme, the company will be informed in writing, with the client copied in. The site must then remove all evidence of registration on that site.

Scheme Appeals Panel

The Considerate Constructors Scheme has established an appeals panel of experienced Monitors who will review any formal appeals received from a site whose registration with the Scheme has been cancelled following a breach of the Code of Considerate Practice.

If a site wishes to appeal, they must do so within 3 months of receipt of the letter from the Chairman confirming their removal from the Scheme, and the decision to appeal must be confirmed in writing. The site must also confirm in writing their reasons for disagreeing with the decision to remove them from the Scheme as this document will form the basis of the appeal.

Once this written confirmation has been received, it will be passed to the panel along with copies of all reports completed on that site and all relevant correspondence. The panel will review all of the information and make a formal decision as to whether the removal of the site was correct. If they support the original decision, they will confirm their decision in writing with a detailed explanation as to why they have done so. If they agree that the decision to remove the site was incorrect, the site will be reinstated immediately and this will be confirmed in writing.

If the site disagrees with the panel's findings, they may proceed to a second independent panel as detailed below.

CIC Independent Appeals Process

The Construction Industry Council (CIC) has established an independent Appeals Tribunal for its member bodies. The Considerate Constructors Scheme (CCS) has subscribed to this service.

The Appeals Tribunal may only be used for appeals against the decisions made by the disciplinary body of the CCS. The Appeals Tribunal may be used in full or part at the discretion of the CCS, subject to their own requirements. The Tribunal cannot be used in instances where the CCS's disciplinary body has found no case to answer.

Applications for a hearing of the Appeals Tribunal shall be made direct to the CIC when a site wishes to appeal against a decision by the CCS's disciplinary body. The request must be received by the CIC within three months of the date of the letter from the CCS rejecting the appeal. The CIC will then issue the prescribed application form to the appellant together with additional information. When the completed form has been returned, it will be referred to the CCS with a request for an initial response within six weeks. A copy of the initial response by the CCS will be sent to the appellant.

Applications and initial responses will be considered by the Tribunal Management Board Chairman and an independent panel member, to decide if the grounds for the appeal are within the jurisdiction of the Tribunal. If the grounds for the appeal are accepted, a hearing will be arranged and the parties notified.

The CCS will advise the CIC as soon as they are aware that an appeal may be made against one of their decisions.

Facts to be aware of:

• The parties may be represented at their own cost.
• If one or both parties fail to attend the hearing, it shall be continued in their absence unless there is a good reason to adjourn.
• The hearing shall be in public but the tribunal members will withdraw to discuss their decision.
• The public proceedings of the tribunal will be recorded.

The Tribunal shall:

• decide if the CCS unfairly terminated the registration of a site as a result of the performance of the site;
• decide if the CCS unfairly terminated the registration of a site as a result of complaints made against the site;
• refer the matter to the CCS if new evidence is produced that was not submitted to the disciplinary body of the CCS, and which the tribunal considers could not reasonably have been produced at the disciplinary hearing;
• ratify or recommend a variation of the sanction imposed by the CCS.

The Tribunal may award CIC costs against:

• the appellant alone; or
• the CCS alone; or
• the appellant and the CCS in proportions decided by the Tribunal.

Following the hearing the Tribunal shall:

• issue a reasoned judgment;
• provide copy to the CCS and the appellant.