BFI Southbank

Source: Courtesy of BFI / Luke Hayes

BFI Southbank

The British Film Institute (BFI) has formally overhauled its complaints procedure, as an independent report published this week into the handling of allegations of racial discrimination made by filmmaker Faisal A Qureshi found the process had been “badly handled”.

Changes to its process include introducing the step of meeting with an individual who has lodged a complaint in cases that are sensitive and complex; updating the BFI complaints procedural document outlining different types of complaints that may be affected; and implementing a range of communication options for complaining to the BFI. 

Further updates include calling complainants at the start of the process when requested to establish facts; confirmation of the process for seeking mediation for complex cases; a more welcoming and transparent attitude throughout the complaints journey; and training for BFI team members who interact with the complaints process. 

The report into the handling of Qureshi’s complaint was conducted by Verita, the complaints reviewer for National Lottery-funded organisations, commencing in April 2023. The report formed part of the BFI’s complaints procedure and was conducted at the request of Qureshi. 

The BFI said the audit of its complaints process began in autumn 2022, as part of a regular auditing process that takes place within the BFI. An equality impact assessment was followed by an independent review of the BFI’s complaints procedure by internal auditors in autumn 2023.

Allegations

The issues within the BFI’s complaints procedure have been brought to the foreground by the experience of Qureshi, whose credits include as an associate producer on Four Lions and Channel 4 documentary Leaving Neverland. Qureshi initially lodged a complaint in 2021, in relation to a meeting that occurred in March 2019 with a representative who worked for a third-party organisation part-funded by the BFI.

In the meeting, he alleged he was given incorrect information about accessing BFI funding, was inappropriately discouraged from bidding for funding and discriminated against on racial grounds when advised about applications.

According to the report findings, Qureshi said that during the meeting he asked for support in developing his career. He says he was told by the person they “did not rate him as a writer”; that the third-party organisation’s priority was supporting working-class and female talent; when he asked about Black talent he was not given an answer; he was told he was “forthright” on the topic of race on social media; and he did not meet the criteria for putting in a funding application.

Qureshi says he became aware of a formal complaints procedure being available with the BFI in 2021, and he proceeded to lodge his complaint.

The filmmaker has alleged the subsequent handling of his complaint was mismanaged. He was able to access internal emails within the BFI, including between chief executive Ben Roberts and the BFI board, about his case through a subject access request, which Qureshi told Screen he felt were “inaccurate… painting me out as a decades-long serial complainer, and a bitter failed applicant”.

Findings 

Verita’s report concluded there was not sufficient evidence from the March 2019 meeting to conclude whether Qureshi was given incorrect information on accessing National Lottery funding, was inappropriately discouraged from bidding for funding, or was discriminated against on racial grounds. Only Qureshi’s account of the meeting was available, with the report unable to interview the individual with whom Qureshi had the meeting, who had subsequently left the organisation.

However, the report said: “It is clear that this complaint was badly handled. Two-and-a-half years after the formal complaint was made, it remains the case that the BFI has not responded to the specifics of the complaint in a substantive fashion.

“It is understandable that the complainant feels deeply dissatisfied by many of the actions taken by the BFI in response to the complaint. That the cause was the BFI’s poor process, rather than malice towards the complainant, can only provide marginal comfort.”

The report also noted, “The essence of good equality practice is to have clear, explicit criteria against which to make judgments and to apply them to the facts. Making assumptions without collecting and critically considering the evidence, as the BFI has done in this case, falls short of this.”

The report identified some key areas in which the BFI mishandled Qureshi’s complaint: the BFI did not respond in a timely manner; often only responded when chased by Qureshi; did not clearly identify with and agree on what the scope of his complaint was; made little effort to collect evidence relating to his complaint; did not reach conclusions over their own findings in response to his complaint.

BFI chief executive Roberts has now written a formal letter of apology to Qureshi, and Qureshi has been invited to meet with Roberts.

The Verita report noted the BFI said it had undertaken an independent review of the complaints procedure and a programme of anti-racism training initiated in 2022 was still being rolled out across the BFI. The anti-racism training has extended to employees as part of third-party delivery organisations. Minutes will now be taken at meetings held by third-party delivery organisations, upon request, and sent via email afterwards.

On the BFI’s updates to its reporting process, the report stated: “We cannot see, however, that the new complaints policy sets out clearly what a complainant can expect the BFI to do once it receives a complaint. The policy says nothing more specific than that the BFI will ‘endeavour to resolve your issue’.”

The BFI has responded by signposting its online complaints procedure, which states: “The BFI’s published complaints process sets out the different stages for how an individual or organisation can make a complaint to the BFI. It sets out how the BFI will respond to a complaint; what a complainant can expect from the BFI in responding to a complaint; and if an individual or organisation continues to be dissatisfied with the level of service that they have received from the BFI, the ways that they can escalate their complaint. These include referring complaints to the Independent Complaints Reviewer which is impartial.”

However, Qureshi said he does not feel the BFI has gone far enough in its response. “To say, ‘It’s thanks to your suffering that we put together a new procedure that might potentially allow us to evade it when a similar complaint comes in’, that is not good enough,” said Qureshi. “I did not go into this so I could be a lab rat.”