Complaints Procedure

Deeping St Nicholas Parish Council

 

COMPLAINTS PROCEDURE

 

 

Deeping St Nicholas Parish Council shall deal with complaints 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 in the manner stated below.

 

Deeping St Nicholas Parish Council aims to treat all parties fairly through a reasonable, accessible and transparent process.

 

Complaints about Parish Councils cannot be addressed to the Local Government Ombudsman.

 

It will not be possible to deal with all complaints from members of the public under the complaints procedure set out below.  Deeping St Nicholas Parish Council shall engage other procedures/bodies in respect of the following types of complaint:

 

Type of conduct

Refer to

 

Alleged Financial irregularity

 

Local elector’s have a statutory right to object to a Council’s audit of accounts pursuant to s.16 Audit Commission Act 1998. 

On other matters, the council may need to consult its auditor / Audit Commission

 

 

Alleged Criminal activity

 

 

The Police

 

Alleged breach of the Code of Conduct by a Member

 

The district council is responsible for handling complaints that relate to a member’s failure to comply with the council’s Code of Conduct.

 

Legal action may also be an option for the complainant.

 

 

Employee conduct

 

Internal disciplinary procedure

 

 

In this document ‘he’ can refer to ‘he’ or ‘she’  -  and chairman can represent chairperson or chairwoman

 

 

BEFORE THE MEETING

 

1.    If a complaint about procedures or administration is notified orally to a councillor or the clerk to the council (hereinafter the clerk), and it is not possible to satisfy the complainant fully forthwith the complainant shall be asked to put the complaint in writing to the clerk.

 

2.    If the complainant does not wish to put the complaint to the clerk he shall be advised to address it to the chairman of the council      (hereinafter the chairman).

 

3.    The clerk shall acknowledge receipt of the complaint and advise the complainant when the matter will be considered by the Council (or nominated Committee).  The complainant shall 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 the Full Council or a committee thereof)

 

4.    The complainant shall be invited to attend a meeting and to bring with them a representative if they wish.

 

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 it wishes 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.

 

AT THE MEETING

 

It may be that the clerk at the meeting represents the position of the council.  If the clerk puts forward justification for the action or procedure complained of, he should not advise the committee, as they need to determine the matter themselves.

 

6.    The Council (or nominated Committee) shall consider whether the circumstance of the meeting warrant the exclusion of the public and press.  Any decision on a complaint shall be announced at the committee meeting in public.

 

7.    The chairman should introduce everyone and explain the procedure.

 

8.    The complainant (or representative) should outline the grounds for complaint and, thereafter, questions may be asked by (i) the clerk and then (ii) members.

 

9.    The clerk should have an opportunity to explain the council’s position and questions may be        asked by (i) the complainant and (ii), members.

 

10.   The clerk and then the complainant should be offered the opportunity to summarise their position.

 

11.   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.

 

12.   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.

 

 

AFTER THE MEETING

 

13.  The decision shall be confirmed in writing within seven working days together with details of any action to be taken.

 

14.  If the complainant is unhappy with the decision of the Council (or nominated Committee) he shall have the option of Appeal to the Chair of the Council

 

 

 

 

 

In the above document ‘he’ can refer to ‘he’ or ‘she’  -  and chairman can represent chairperson or chairwoman