The Compliance Panel will investigate reports of non-compliance with the Flex Assure Code, whether from audits or external stakeholders. All hearings of the Compliance Panel will be held in private and shall be confidential. The flexibility provider in question may attend the hearing, as may the Flex Assure Scheme Administrator. The Compliance Panel shall provide its verdict on the case in writing to both the Scheme Administrator and the flexibility provider within fourteen days of the hearing.

If the Compliance Panel determines that a flexibility provider has failed to comply with the DSR Code of Conduct, the provider can appeal the decision. In this case, the Appeals Panel will consider whether the conduct of the provider failed to comply with the Code and, if so, whether the sanction imposed by the Compliance Panel was proportional to the non-compliance.

An appeal will only be upheld if the Appeals Panel find that:

1. the Compliance Panel's determination or part thereof was irrational, and/or based on a fundamental error of fact and/or based on a clear misunderstanding of the Scheme; or
2. there has been a serious procedural or regulatory error; or
3. the sanctions imposed are not in reasonable proportion to the findings made by the Compliance Panel; or
4. the costs imposed (if any) were not fair and reasonable in the circumstances.

The Appeals Panel shall provide its verdict on the case in writing to both the Scheme Administrator and the flexibility provider within fourteen days of the hearing.