POLICY
FOR HANDLING COMPLAINTS
Who can make a complaint?
This complaints procedure is not
limited, any person, including members of the public, may make a complaint to Walton
Parish Council about any provision of facilities or services that the parish council
provides.
It is in everyone’s interest that concerns,
and complaints are resolved at the earliest possible stage. Many issues can be
resolved informally, without the need to use the formal stages of the complaints procedure.
Walton Parish Council takes concerns
seriously and will make every effort to resolve the matter as quickly as
possible. We understand however, that there are occasions when people would
like to raise their concerns formally. In this case, Walton Parish Council will
attempt to resolve the issue through the stages outlined within this complaints procedure.
How to raise a concern or make a
complaint
A complaint can be made in person, in
writing or by telephone. They may also be made by a third party acting on
behalf on a complainant if they have appropriate consent to do so.
Concerns should be raised with the
Parish Clerk. If the issue remains unresolved, the next step is to make a
formal complaint.
Complainants should not approach
individual Councillors to raise complaints. They have no power to act on an
individual basis and it may also prevent them from considering complaints at
Stage 2 of the procedure.
Complaints against council staff
should be made in the first instance, to the Parish Clerk. Please mark them as
Private and Confidential.
Complaints that involve or are about
the Clerk should be sent via post and addressed to the Chairman of Walton
Parish Council. Please mark them as Private and Confidential.
Complaints about the Chairman of Walton
Parish Council, any individual Councillor or the whole of the Parish Council
should be sent to WMDC addressed to the Monitoring Officer, Wakefield
Council, Legal Services and Walton Parish Council. Please mark them as
Private and Confidential.
For ease of use, a template complaint
form is included at the end of this procedure. If you require help in
completing the form, please contact the Clerk.
We will consider making reasonable
adjustments if required, to enable complainants to access and complete this
complaints procedure. For instance, providing information in alternative
formats, assisting complainants in raising a formal complaint or holding
meetings in accessible locations.
Anonymous complaints
We will not normally investigate
anonymous complaints. However, the Clerk or Chairman of Walton Parish Council
if appropriate, will determine whether the complaint warrants an investigation.
Scope of this Complaints Procedure
This procedure covers all complaints
about any provision of community facilities or services by Walton Parish
Council excluding those listed below.
|
Exceptions |
Who to contact |
• • |
Highways Street Lighting |
Concerns about highways, street lighting, waste/refuse collection should
be directed to Wakefield Council |
• |
Waste/Refuse Collection |
|
• |
Staff grievances |
Complaints from staff should be referred to the Staffing Committee to be
dealt with in accordance with the Parish Councils internal grievance
procedures. Formal complaints regarding members should be referred to Monitoring
Officer at Wakefield Council. |
|
|
|
• |
Staff conduct |
Complaints about staff conduct should be referred to the Staffing
Committee to be dealt with in accordance with the Parish Councils disciplinary procedures, if appropriate. Complainants will not be informed of any disciplinary action taken
against a staff member following a complaint. However, the complainant will
be notified that the matter is being addressed. |
|
|
|
|
|
|
• |
Complaints about services |
Providers should have their own complaints procedure to |
|
provided by other providers |
deal with complaints about service. Please contact them |
|
who may use parish councils’ premises or facilities i.e.
Village Hall |
direct. |
If other bodies are investigating
aspects of the complaint, for example the police, local authority (LA) this may
impact on our ability to providing a timely response to the complainant.
If a complainant commences legal action
against Walton Parish Council in relation to their complaint, we will consider
whether to suspend the complaints procedure in relation to their complaint
until those legal proceedings have concluded.
Resolving complaints
At each stage in the procedure, Walton
Parish Council wants to resolve the complaint. If appropriate, we will
acknowledge that the complaint is upheld in whole or in part.
In addition, we may offer one or more
of the following:
· an explanation;
· an admission
that the situation could have been handled differently or better;
· an assurance
that we will try to ensure the event complained of will not recur; and
· an apology
Withdrawal of a Complaint
If a complainant wants to withdraw
their complaint, we will ask them to confirm this in writing.
Stage 1
Formal complaints must be made to the
Parish Clerk. This may be done in person, in writing (preferably on the
Complaint Form), or by telephone. The Clerk will record the date the complaint
is received and will acknowledge receipt of the complaint in writing (either by
letter or email) within 5 working days.
Within this response, the Clerk will
seek to clarify the nature of the complaint, ask what remains unresolved and
what outcome the complainant would like to see. The Clerk can consider whether
a face to face meeting is the most appropriate way of
doing this.
During the investigation, the Clerk
(or investigator) will:
· if necessary,
interview those involved in the matter and/or those complained of, allowing
them to be accompanied if they wish
· keep a
written record of any meetings/interviews in relation to their investigation.
At the conclusion of their
investigation, the Clerk will provide a formal written response within 20
working days of the date of receipt of the complaint. If the Clerk is unable to
meet this deadline, they will provide the complainant with an update and
revised response date. The Clerk will advise the complainant of how to escalate
their complaint should they remain dissatisfied with the outcome of Stage 1.
At the conclusion of their
investigation, the Clerk/independent investigator will provide a formal written
response.
Stage 2
If the complainant is dissatisfied
with the outcome at Stage 1 and wishes to take the matter further, they can escalate
the complaint to Stage 2 – a meeting with members of the councils appointed
complaints committee, which will be formed of the first three, impartial, Councillors
available. This is the final stage of the complaints
procedure. A request to escalate to Stage 2 must be made to the Clerk, within
10 working days of receipt of the Stage 1 response. The Clerk will record the
date the request is received and acknowledge receipt in writing (either by
letter or email) within 10 working days.
Requests received outside of this time
frame will only be considered if exceptional circumstances apply.
The Clerk will write to the
complainant to inform them of the date of the meeting. They will aim to convene
a meeting within 10 working days of receipt of the Stage 2 request. If this is
not possible, the Clerk will provide an anticipated date and keep the
complainant informed. If the complainant rejects the offer of three proposed
dates, without good reason, the Clerk will decide when to hold the meeting. It
will then proceed in the complainant’s absence based on written submissions
from both parties.
The complaints committee will consist
of at least three Councillors with no prior involvement or knowledge of the
complaint. Prior to the meeting, they will decide amongst themselves who will
act as the Chair of the Complaints Committee. If there are fewer than three Councillors
from Walton Parish Council available, the Clerk will source any additional,
independent Councillors through another local parish or through WMDC Democratic
services to make up the committee. Alternatively, an entirely independent
committee may be convened to hear the complaint at Stage 2.
The committee will decide whether to
deal with the complaint by inviting parties to a meeting or through written
representations, but in making their decision they will be sensitive to the
complainant’s needs. If the complainant is invited to attend the meeting, they
may bring someone along to provide support. This can be a relative or friend.
Generally, we do not encourage either party to bring legal representatives to
the committee meeting. However, there may be occasions when legal representation
is appropriate. Representatives from the media are not permitted to attend.
At least 10 working days before the
meeting, the Clerk will:
· confirm and
notify the complainant of the date, time and venue of the meeting, ensuring
that, if the complainant is invited, the dates are convenient to all parties
and that the venue and proceedings are accessible
· request copies
of any further written material to be submitted to the committee at least 7
working days before the meeting. Any written material will be circulated to all
parties at least 5 working days before the date of the meeting. The committee
will not normally accept, as evidence, recordings of conversations that were
obtained covertly and without the informed consent of all parties being recorded.
The committee will also not review any new complaints at this stage or consider
evidence unrelated to the initial complaint to be included.
New complaints must be dealt with from
Stage 1 of the procedure. The meeting will be held in private. Electronic
recordings of meetings or conversations are not normally permitted unless a
complainant’s own disability or special needs require it. Prior knowledge and
consent of all parties attending must be sought before meetings or
conversations take place. Consent will be recorded in any minutes taken.
The committee will consider the
complaint and all the evidence presented. The committee can:
· uphold the
complaint in whole or in part
· dismiss the
complaint in whole or in part.
If the complaint is upheld in whole or
in part, the committee will:
· decide on the
appropriate action to be taken to resolve the complaint
· where
appropriate, recommend changes to the parish’s systems or procedures to prevent
similar issues in the future.
The Chair of the Committee will
provide the complainant and Walton Parish Council with a full explanation of
their decision and the reason(s) for it, in writing, within 7 working days.
The response will detail any actions
taken to investigate the complaint and provide a full explanation of the
decision made and the reason(s) for it. Where appropriate, it will include
details of actions Walton Parish Council will take to resolve the complaint.
The response will also advise the complainant of how to escalate their
complaint should they remain dissatisfied.
Next Steps
If the complainant believes the parish
did not handle their complaint in accordance with the published complaints
procedure or they acted unlawfully or unreasonably in the exercise of their duties they can contact Wakefield Councils Monitoring
Officer after they have completed Stage 2.
Complaint Form
Please complete and return to the
Parish Clerk who will acknowledge receipt and explain what action will be
taken.
Your name: |
Address: Postcode: Day time telephone number: Evening telephone number: |
Please give details of your complaint, including
whether you have spoken to anybody at the parish about it. |
What actions do you feel might resolve the problem
at this stage? |
Are you attaching any paperwork? If so, please give
details. |
Signature: |
Official use |
Date
acknowledgement sent: |
By who: |
Complaint
referred to: |
Date: |
Roles and Responsibilities
Complainant
The complainant will receive a more effective response to the complaint
if they:
·
explain the
complaint in full as early as possible
·
co-operate
with the parish in seeking a solution to the complaint
·
respond promptly
to requests for information or meetings or in agreeing the details of the complaint
·
ask for
assistance as needed
·
treat all
those involved in the complaint with respect
·
refrain from publicising the details of their complaint on social media
and respect confidentiality.
Complaints Coordinator
(this could be the Clerk / designated complaints Parish
Councillor or other staff member providing administrative support)
The complaints coordinator
should:
·
ensure that
the complainant is fully updated at each stage of the procedure
·
liaise with
staff members, Clerk, parish council chairman, to ensure the smooth running of
the complaints procedure
·
be aware of
issues regarding sharing third party information
The Clerk is the contact
point for the complainant and the committee and should:
·
ensure that
all people involved in the complaint procedure are aware of their legal rights
and duties, including any under legislation relating to parish complaints, the
Data Protection Act (DPA) 2018 and the General Data Protection Regulations
(GDPR)
·
set the date,
time and venue of the meeting, ensuring that the dates are convenient to all
parties (if they are invited to attend) and that the venue and proceedings are accessible
·
collate any
written material relevant to the complaint (for example;
stage 1 paperwork, parish and complainant submissions) and send it to the
parties in advance of the meeting within an agreed timescale
·
record the proceedings
·
circulate the
minutes of the meeting
·
notify all
parties of the committee’s decision.
Committee
Chair
The committee’s chair, who is nominated in advance of
the complaint meeting, should ensure that:
·
both parties
are asked (via the Clerk) to provide any additional information relating to the
complaint by a specified date in advance of the meeting
·
the meeting is
conducted in an informal manner, is not adversarial, and that, if all parties
are invited to attend, everyone is treated with respect and courtesy
·
the remit of
the committee is explained to the complainant
·
written
material is seen by everyone in attendance, provided it does not breach
confidentiality or any individual’s rights to privacy under the DPA 2018 and GDPR. If a new issue arises it would be useful to
give everyone the opportunity to consider and comment upon it; this may require
a short adjournment of the meeting
·
both the
complainant and the parish are given the opportunity to make their case and
seek clarity, either through written submissions ahead of the meeting or
verbally in the meeting itself
·
the issues are
addressed
·
key findings
of fact are made
·
the committee
is open-minded and acts independently
·
no member of
the committee has an external interest in the outcome of the proceedings or any
involvement in an earlier stage of the procedure
·
the meeting is
minuted
·
they liaise
with the Clerk (and complaints coordinator if the parish has one).
Committee Member
Committee members should be aware that:
·
the meeting
must be independent and impartial and should be seen to be so. No Councillor may sit on the committee if
they have had a prior involvement in the complaint or in the circumstances
surrounding it.
·
the aim of the
meeting should be to resolve the complaint and achieve reconciliation between
the parish and the complainant
We recognise that the complainant might not be satisfied with the
outcome if the meeting does not find in their favour. It may only be possible
to establish the facts and make recommendations.
Adopted by the Parish Council at a
meeting held on 1st December 2020
Review date May 2022