| 1. Complaints to Kings Worthy Parish Council from the public.
It will not be possible to deal with all complaints from members of the public under the Parish Council’s complaints procedure. Where such complaints all outside the remit of the procedure the following procedures/bodies should be engaged with regard to the following types of complaint:
Type of conduct |
Refer to |
Financial irregularity |
Local elector’s statutory right to object Council’s audit of accounts pursuant to s.16 Audit Commission Act 1998. On other matters, councils may need to consult their auditor / Audit Commission |
Criminal activity |
The Police |
Member conduct |
In England if the complaint relates to a failure to comply with the Code of Conduct, this must be submitted to the Standards Board (after s.185 of the Local Government and Public Involvement in Health Act 2007 comes into effect, complaints about members’ conduct must be made to the standards committee of the principal authority). |
Employee conduct |
Internal disciplinary procedure |
2. Identifying a complaint
Kings Worthy Parish Council will use The Local Government Ombudsman (LGO) definition of a complaint, which is:
‘A complaint is an expression of dissatisfaction by one or more members of the public about the council’s action or lack of action or about the standard of a service, whether the action was taken or the service provided by the council itself or a person or body acting on behalf of the council.’
3. The council’s complaints procedure aims to be:
- well publicised and easy to use;
- helpful and receptive;
- not adversarial;
- fair and objective;
- based on clear procedures and defined responsibilities;
- quick, thorough, rigorous and consistent;
- decisive and capable of putting things right where necessary;
- sensitive to the special needs and circumstances of the complainant;
- adequately resourced;
- fully supported by councillors and officers; and
- regularly analysed to spot patterns of complaint and lessons for service improvement.
4. Confidentiality
The LGO advises that the identity of a complainant should only be made known to those who need to consider a complaint. It may not be feasible to deal with complaints outside some sort of committee structure but, nevertheless, the council should take care to maintain confidentiality where circumstances demand (e.g. where matters concern financial or sensitive information or where third parties are concerned).
5. Timescale and Remedies
The parish council will endeavour to handle any complaint as soon as practicable, with time allowed for dealing with lengthy and complex complaints. The council must be given adequate opportunity to investigate and reply to the complaint. The object of the procedure is to rectify things if they go wrong and take action to ensure that such a mistake does not reoccur.
6. Procedure
The following procedure is not appropriate for use where a complaint is made against an individual. Serious complaints relating to the conduct of an individual can be dealt with in the ways suggested at paragraph 1 above.
This procedure is designed for those complaints which cannot be satisfied by less formal measures or explanations provided to the complainant by the clerk or chairman.
6.1 The clerk may represent the position of the council. If the clerk puts forward justification for the action or procedure complained of, he or she should not advise the council or committee, as the council will determine the matter themselves.
6.2 At all times, all parties should be treated fairly and the process should be reasonable, accessible and transparent.
6.3 Before the Meeting to discuss the complaint
6.3.1. The complainant should put the complaint about the council’s procedures or administration in writing, within six months, to the clerk.
6.3.2. If the complainant does not wish to put the complaint to the clerk, he or she should be advised to address it to the chairman of the council.
6.3.3. The clerk shall acknowledge receipt of the complaint within 14 days and advise the complainant when the matter will be considered by the council or by the committee established for the purposes of hearing complaints. The complainant should also be advised whether the complaint will be treated as confidential or whether, for example, notice of it will be given in the usual way (if, for example, the complaint is to be heard by a committee). The complainant should be informed of the timescale for the procedure, based on the staffing situation at the time.
6.3.4. The complainant shall be invited to attend a meeting and to bring with them a representative if they wish.
6.3.5. Seven clear working days prior to the meeting, the complainant shall provide the council with copies of any documentation or other evidence relied on. The council shall provide the complainant with copies of any documentation upon which they wish to rely at the meeting and shall do so promptly, allowing the claimant the opportunity to read the material in good time for the meeting.
6.4 At the Meeting
6.4.1. The council shall consider whether the circumstances of the meeting warrant the exclusion of the public and the press. Any decision on a complaint shall be announced at the council meeting in public.
6.4.2. The chairman should introduce everyone and explain the procedure
6.4.3. The complainant (or representative) should outline the grounds for complaint and, thereafter, questions may be asked by (i) the clerk and then (ii), members.
6.4.4. The clerk will have an opportunity to explain the council’s position and questions may be asked by (i) the complainant and (ii), members.
6.4.5. The clerk and then the complainant should be offered the opportunity to summarise their position.
6.4.6. The clerk and the complainant should be asked to leave the room while members decide whether or not the grounds for the complaint have been made. If a point of clarification is necessary, both parties shall be invited back.
6.4.7. The clerk and the complainant should be given the opportunity to wait for the decision but if the decision is unlikely to be finalised on that day they should be advised when the decision is likely to be made and when it is likely to be communicated to them.
6.5 After the Meeting
6.5.1. The decision should be confirmed in writing within seven working days together with details of any action to be taken.
This Complaints Procedure document
These procedures follow Local Government Ombudsman guidelines. The Local Government Act 1974 does not give the LGO any jurisdiction over parish and town councils and there are no statutory mechanisms in place should complaints be made against local councils in England.
Reference: National Association of Local Councils Legal Topic Note LTN9, November 2007
This Complaints Procedure was adopted by Kings Worthy Parish Council on 20th October 2008. |
