Brill Parish Council Complaints Procedure policy (v1.2)

Introduction

This Policy is based on a framework suggested by the National Association of Local Councils (NALC). Its purpose is to guide parishioners and councillors and Clerk in the management of complaints against Councillors, the Clerk, actions or non-actions of Brill Parish Council (BPC), or third parties working for or representing the Parish Council.

Please note

  • Brill Parish Council will not, under any circumstances, acknowledge or consider complaints that are submitted anonymously. All complaints received will be added in the first instance to the Parish Communications Database.

  • All complaints much be addressed to the Clerk (contact details below and on our website). Individual Councillors are not authorised to resolve complaints so please do not address complaints to them.


1. Initial Complaints Procedure

Complaints can be made to the Clerk using one of these methods:

  • face-to-face

  • telephone (answer phone out-of-hours; be sure to leave your name and phone number)

  • letter

  • email

  • Contact form on the Parish Council website

Complaints cannot be submitted through Facebook or other social media. 

  • The Clerk will acknowledge receipt of the complaint in writing, within 5 days.

  • The Clerk will consult with a Councillor to decide how best to resolve the complaint.

  • The Clerk will respond to the Complainant in writing, within 21 days, with a resolution.

If this timescale is not feasible, the Clerk will inform the Complainant and agree an alternative timescale. 

If a complaint involves the Clerk personally it should be addressed to the current Chairman of BPC who will then consult with another Councillor. The timescale detailed above will still apply with one of the Councillors fulfilling the Clerk’s role.

It is hoped that most complaints can be resolved quickly and amicably through this route. If the resolution reached in step 3 does not satisfy the Complainant, the matter will be escalated following the following procedure.

2. Escalated Complaints Procedure

If the Complainant is not satisfied by the initial resolution, they will be asked to submit a formal complaint in writing to the Clerk. The complaint should cover as much detail as possible and enclose any relevant supporting documentation. Help will be available with drafting a complaint should the Complainant need it.

  1. The Clerk will acknowledge receipt of the escalated complaint in writing, within 5 days.

  2. The Clerk will consult with two Councillors to decide into which category the complaint falls according to the information below. The Clerk will inform the Complainant in writing, within 21 days.

  3. Action will be taken according to the categories below.

  4. When the complaint is finally resolved, the Clerk will summarise the complaint and its resolution for the Council. The names of the Complainant and Councillors or Clerk involved will be redacted. A discussion will then take place to identify learning points for the Council as a whole.

3. Complaint categories

Category A : Criminal activity

The Complainant should take their complaint to the Police

Category B : Concerns about conduct of a Councillor

These complaints are dealt with by the Buckinghamshire County Monitoring Officer. The Monitoring Officer deals only with matters covered by the Councillors Code of Conduct. They will not deal with (a) complaints about Council employees, (b) incidents that happened before a councillor joined the Council, (c) how the Council conducts its business, decisions made, or actions taken (see E below).

Category C : Concerns about employee conduct (ie the Parish Clerk)

These complaints are dealt with under the Council’s disciplinary procedure. If upheld, this may result in disciplinary action or, in cases of gross misconduct, dismissal from the Council’s employment. The Council will not, under any circumstances, enter into any correspondence concerning details of any action taken, formally or informally against any member of staff. This is to protect the employment rights to which all employees of the Council are entitled.

Category D : Concerns about third party actions (or lack of action) or standards of service

Category D complaints refer to third parties such was contractors, suppliers or the primary council (Buckinghamshire Council). Voluntary groups or other organisations co-ordinated by or answerable to the Parish Council also fall into this category. Although the Council cannot resolve these issues directly, the Council will assist the Complainant with their approach to the third party and in reaching a resolution.

Category E : Concerns about the Council as a body

Category E complaints are expressions of dissatisfaction by one or more members of the public about decisions made by the Council, its actions (or lack of action), or the outcome or results of these actions. These complaints will be heard by a Parish Council Complaints Committee as detailed below.

4. Parish Council Complaints Committee

Before the meeting

The Council will convene a Complaints Committee to resolve Category E complaints. The Committee will be made up of two Councillors who have not been involved up to this point, and two suitable Parishioners approved by both parties. 

The Clerk will tell the Complainant when the Complaints Committee will meet, giving at least 10 working days’ notice. Notice of the meeting will usually be public (included, for example, in Council minutes) although there may be exceptional circumstances why the complaint should be kept confidential. 

The Complainant will be invited to attend the Complaints Committee meeting and to bring with them one other person for support. They will not be entitled to bring legal representation. The support person will not be allowed to address the meeting, unless the Complainant has  significant communication difficulties. 

The Complainant will provide the Council with copies of any documentation or other evidence they are using to support their complaint at least five working days before the meeting. Similarly, the Council will provide the Complainant with copies of any documentation which they intend to refer to during the meeting, again at least five working days before the meeting.

The Clerk or a suitable substitute will attend the meeting of the Complaints Committee to record the discussion and attend to any administrative tasks that may arise.

The meeting 

One of the Councillors will introduce everyone and explain the process. 

The Complainant will outline the grounds for complaint, after which the Committee (and the Clerk) may ask questions.

The Councillors (or the Clerk, if that is appropriate) will explain the Council’s position after which the Complainant may ask questions. 

The Complainant will then summarise how they feel now about the matter.  

The Complainant and their support person will then be asked to leave the room while the Councillors and Parishioners decide whether or not the complaint is upheld and, if so, how it could be resolved. If further clarification is needed, the Complainant can be invited back into the room. 

Ideally, the complaint should be resolved on the day and the Complainant invited to wait for a decision. If a delay is expected, the Clerk will inform the Complainant and tell them of the likely timescale for a decision. Even though the decision will be confirmed in writing, it is important that the Complainant is informed in person, and given the opportunity to express their feelings.  

After the meeting 

The decision should be confirmed in writing within 7 days, together with details of any action to be taken. 

Right of Appeal 

The Complaints Committee’s decision is final.

5. Repeated or Vexatious Complaints

A small percentage of complaints may be persistent or complain in a way that appears to be obsessive, harassing, or repetitious. This can be unacceptably time-consuming and stressful for all concerned. Whilst everyone has the right to make a legitimate complaint, they are not entitled to do so in a way that is unreasonable, or which has the effect of intimidating or harassing Councillors or the Clerk.

A vexatious or persistent complaint can be characterised in a number of ways: 

  • Actions which are obsessive, persistent, harassing, prolific, repetitious.

  • Insistence upon pursuing unmeritorious complaints and/or unrealistic outcomes beyond all reason.

  • Insistence upon pursuing meritorious complaints in an unreasonable manner.

A complain can only be considered vexatious once a decision has been passed to that effect by resolution of the full Council. This decision will then be conveyed to the Complainant in writing, giving reasons. The discussion and decision will be kept confidential.

This policy

  • Policy written by Cllr LIz Springs and Cllr Hannah Hulme Hunter January 2022

  • Adopted by Brill Parish Council February 2022

  • Amended March 2022

  • For Review February 2023 (although as a working document it may be refined earlier in the light of experience or to meet a change in related legislation)