8.   When do I have to provide a statement of reasons?

Introduction

 

As a matter of best practice you should provide a written notification of your decision to an applicant. Sometimes this is as simple as an email acknowledgment or a paper copy of an approved leave application. However, you must provide a full statement of reasons if requested to do so by the applicant once you have notified them of your decision. This is usually requested when a decision is made to deny a request or application.

When should I notify the applicant in writing?

 

Notifying an applicant of the outcome and reasons for your decision in writing will often save you time and paperwork in the long run. If your reasons for refusing their application are explained, applicants are less likely to take action in these ways.

§       Ask for a formal statement of reasons.

§       Ask for a review of your decision.

§       Start a Redress of Grievance or Review of Action.

 

Advise the member or employee in writing of the outcome and the reasons for your decisions in these situations.

§       When you deny any application.

§       If you approve an application that required a complex decision.

§       Anytime you have made a written record of reasons for your decision.

 

The written advice can be very short, such as a sentence on an application form. Your reasons should relate to the relevant facts at issue.

What is a statement of reasons?

 

A statement of reasons is a written step-by-step explanation of the decision-making process.

You should provide a statement of reasons if requested by the applicant where both of the conditions below are met.

§       An applicant is adversely affected by the decision.

§       No or insufficient reasons for the decision have been given to the applicant.

 

There is no standard format. In most cases a minute will be appropriate.

 

The detail and length of the statement can vary from half a page to many pages. This will depend on the seriousness and complexity of the issues, and the amount of information involved. The language should be clear and unambiguous.

 

The statement must include this information.

§       Your name, title and appointment.

§       Your authority to make the decision.

§       The legal rule or principle relied on and any policy guidance taken into account.

§       What you took into account when you made the decision, and the significance, or weighting, placed on the various factors.

 

A sample pro forma of a statement of reasons can be found at Appendix 2.

 

You must put a copy of the statement of reasons on file.

 

Note: The ADFP 06.1.3 gives further information on providing a statement of reasons

 

PACMATE                                                             AL13 (August 2006)                                                  Annex 5.A Section 8 – 2