All activities registered with the Scheme are subject to monitoring. Registered activities will be assessed in relation to our Code of Considerate Practice and scored by an independent Monitor. Non-conformance with the Code will need to be addressed by the registered activity to ensure they meet the expectations of the Code.
This procedure sets out the process for the review, evaluation and determination of potential Non-Conformances by a Registered Activity, however identified or reported to The Considerate Constructors Scheme (“CCS” or the “Scheme”).
The purpose of this procedure is to ensure the fair review and evaluation of potential Non-Conformances with any requirement of the Code of Considerate Practice (the “Code”) to determine an appropriate outcome; and to communicate clearly the results and proposed action relating to any confirmed Non-Conformance in accordance with the Scheme’s Terms and Conditions to the Registered Activity. Any appeal against a determination covered by this procedure will be dealt with through the Scheme’s appeals process detailed below.
1.3.1 Branding guidelines
The Scheme’s Branding Guidelines as may be updated from time to time and which can be found on the Registered Activity’s Insights Dashboard.
1.3.2 Code of considerate practice (or the Code)
The Scheme’s Code of Considerate Practice as may be updated from time to time and which can be found on the Website.
1.3.3 CCS (or the Scheme)
As defined in paragraph 1.1.
1.3.4 Final report
The report prepared in accordance with paragraph 1.6 of this procedure.
As defined in the Terms and Conditions.
1.3.6 Monitoring report
The report prepared by the Monitor following a visit to a Registered Organisation or a Registered Site.
Any breach of the Code of Considerate Practice, the Terms and Conditions and/or an operational or ethical breach relating to the Code’s broader objectives, including:
- A failure to conform with the Code
- Use of our name or logos contrary to the Registration Agreement or Branding Guidelines
- Failure to remedy or deal with serious complaints and/or
- Material failure to comply with relevant legislation (i.e. beyond an administrative breach).
1.3.8 Public support team
The Scheme’s Public Support Team to whom members of the public or any other person or entity may report a potential Non-Conformance.
1.3.9 Registered Activity
Any Registered Organisation or a Registered Site that is registered with the Scheme and bound by the Code of Considerate Practice.
1.3.10 Registered organisation
Any organisation that has a Registration Agreement with the Scheme and which has agreed to be bound by the Code of Considerate Practice.
1.3.11 Registered site
Any construction site or project that is registered with the Scheme and which has agreed to be bound by the Code of Considerate Practice.
1.3.12. Registration agreement
The agreement between the Scheme and the Registered Activity for the purpose of being a member of the Scheme.
1.3.13 Terms and Conditions
The Scheme’s Terms and Conditions as may be updated from time to time and which can be found on the Website.
1.4 Identification of potential non-conformance
A potential Non-Conformance may be identified by any means including, without limitation, by a Monitor and confirmed in a Monitoring Report, or may be reported to the Scheme by the public, anyone operating or working in the construction industry, construction industry clients, building occupiers and/or users, regulators etc. The Scheme may receive complaints directly (via emails and other electronic media or telephone calls), or indirectly from press reports or court report for example.
1.5 Review, evaluation and confirmation of identified potential non-conformance
Monitoring - where a Non-Conformance is confirmed by a Monitor during a monitoring visit this shall be documented in the Monitoring Report and considered a “confirmed Non-Conformance”.
Concern raised with the Scheme’s Public Support Helpline – a potential Non-Conformance may be raised as a concern with the Public Support Team. The Public Support Team will pass on the concern to the Registered Activity for investigation and corrective action (if necessary). Where the Public Support Team is not satisfied with the response from the Registered Activity this shall be escalated for further investigation to the Head of Assurance and Challenge and/or the CCS Chief Executive.
Where an investigation is necessary, terms of reference will be prepared by the Head of Assurance and Challenge and agreed with the CCS Chief Executive.
The terms of reference will set out the potential Non-Conformance and the scope of the investigation required to determine if a Non-Conformance has occurred. Additional fees will be charged to the Registered Activity from the point where a Non-Conformance is confirmed – wherever possible these additional charges will be outlined in the investigation terms of reference. Fees will be based on the amount of time required by the Scheme to investigate and resolve the Non-Conformance, in accordance with the Scheme’s published rates at the time.
Other Identified Non-Conformance – where an investigation is necessary terms of reference will be prepared by the Head of Assurance and Challenge and agreed with the CCS Chief Executive.
The terms of reference will set out the potential Non-Conformance and the scope of the investigation required to determine if a Non-Conformance has occurred. Additional fees will be charged to the Registered Activity from the point where a Non-Conformance is confirmed – wherever possible these additional charges will be outlined in the investigation terms of reference. Fees will be based on the amount of time required by the Scheme to investigate and resolve the Non-Conformance in accordance with the Scheme’s published rates at the time.
The Scheme and the Registered Activity will seek to agree the terms of reference to ensure understanding of the allegation and full cooperation with the investigation. The Registered Activity is expected to provide reasonable access to employees, contractors and suppliers, records and reports.
Where a Registered Activity is unable to cooperate with an investigation (for example due to an ongoing regulatory investigation) registration with the Scheme shall be suspended until an investigation can be completed. Where a Registered Activity refuses to cooperate with an investigation, as determined by the Scheme Chief Executive, Scheme registration may be suspended or terminated, and reinstatement will require a new registration and monitoring process.
Where a potential Non-Conformance is not confirmed by the investigation, the Registered Activity shall be informed of the findings and the investigation findings shall remain on file for reference should further concerns be reported.
1.6 Findings and investigation reporting
The findings of the investigation will be documented and reviewed by the Head of Assurance and Challenge, and the CCS Chief Executive prior to the issue of a draft report. The draft report will be issued to the Registered Activity for review. Upon receiving the draft report the Registered Activity has 10 working days to question findings on the basis of fact only. All questions shall be reviewed and responded to within a further 10 working days and then the Final Report will be issued.
Where the Registered Activity disputes the Final Report they may appeal within 28 days in writing to the Scheme’s Chief Executive, who shall review the appeal and normally respond within working 5 days with their determination. The Registered Activity must however continue to develop and submit SMART (Specific, Measurable, Achievable, Realistic, Timebound) corrective action proposals pending the outcome of the appeal.
1.7 Response to a confirmed non-conformance
Where a Non-Conformance is confirmed, there are three possible courses of action depending on the severity of the Non-Conformance (severity shall be determined by the Scheme):
- The Registered Activity retains its CCS registration and is given the opportunity to comply, see Corrective Action for Confirmed Non-Conformance below.
- The Registered Activity’s CCS registration is suspended and the Registered Activity is given the opportunity to comply, see Corrective Action for Confirmed Non-Conformance below.
- The Registered Activity’s CCS registration is terminated and the Registered Activity will have to reapply once they have addressed the Non-Conformance (it is unlikely that a reapplication would be accepted in a period of less than six months from termination).
Note that where registration is suspended the registration period will remain unchanged and the Registered Activity will not be eligible for any refund of fees. Where registration is terminated by the Scheme the Registered Activity is not eligible for any refund of fees.
1.8 Corrective Action for confirmed non-conformance
Following the issue of the Final Report or the Monitoring Report the Registered Activity will prepare its proposed actions addressing the findings. All actions must be SMART (as set out in paragraph 1.6 of this procedure) and must be submitted to the Head of Assurance and Challenge for comment and acceptance. Comments made by the Scheme must be satisfactorily addressed before acceptance is granted.
All corrective action proposals should be accepted by the Scheme before initiating work, as failure to do so may mean that effort is wasted, and closure of the action may not be accepted by the Scheme. Actions must be satisfactorily addressed normally within any timescales recommended in the Monitoring Report or Final Report documenting the Non-Conformance.
When completed the Registered Activity will inform the Scheme that the action is closed and submit appropriate evidence for validation by the Scheme. The Registered Activity will be informed of the Scheme’s decision regarding the appropriateness of the action taken and may be asked for further evidence, and/or further work to be undertaken (where the action has not been satisfactorily completed). Where/when the Scheme is satisfied the action has been completed it will validate closure of the action in writing normally within 10 working days.
Failure to deliver closure of the accepted actions will lead to a review of the Registered Activity’s registration status and may lead to suspension or termination of the registration (without refund of any fees) depending on the materiality of the outstanding Non-Conformance. This decision will be at the sole discretion of the CCS Chief Executive and there is no right of appeal.