Policies & Procedures

To determine whether a complaint procedure is appropriate:

1. It will not be appropriate to deal with all complaints from members of the public under a complaints procedure. The Council will need to refer or use procedures / bodies in respect of the following types of complaint:

2. A member of the public may also consider a criticism about a service or a fee to be a complaint, but these do not fall within the formal complaints procedure unless the Council has acted improperly, and they will be treated as normal service requests. 

3. The Parish Council will decide on receipt of a complaint, if it will consider the matter by written statements from the complainant and the clerk and any other parties in the following situations

a) the issue raised is likely to be temporary or sorted to the complainant's satisfaction within 3 months, or,

b) the written complaint appears to contain sufficient information and evidence for the issue to be fully considered by the parish council under its complaints procedure and face to face meetings would not add further information or evidence, or

c) a face-to-face meeting with the complainant would likely lead to a meeting putting officers, councillors and members of the public at risk from material harm, harassment or distress. 

If the written statement procedure is applicable the procedure in paragraph 17 to 24  will be followed.

Prior to a meeting where any complaint is to be heard

4. The complainant should be asked to put the complaint about the council’s procedures or administration in writing to the Clerk or other nominated officer.

The Parish Council shall provide reasonable assistance to the complainant, to accurately record the complaint, where the complainant cannot or has difficulty in setting out a written complaint.

5. If the complainant does not wish to put the complaint to the Clerk he or she will be advised to address it to the Chair of the Council.

6. The Clerk shall acknowledge receipt of the complaint within 7 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).

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

8. 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. The Council shall provide reasonable assistance to the complainant in accessing any written documentation or materials.

At the Meeting

9. 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.

10. The Chairman should introduce everyone and explain the procedure.

11. The complainant (or representative) should outline the grounds for complaint and, thereafter, questions may be asked by (i) the Clerk or other nominated officer and then (ii), Councillors.

12. The Clerk or other nominated officer will have an opportunity to explain the Council’s position and questions may be asked by (i) the complainant and (ii), Councillors.

13. The Clerk or other nominated officer, and then the complainant should be offered the opportunity to summarise their position.

14. The Clerk or other nominated officer and the complainant should be asked to leave the room while the Council or complaints committee 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.

15. The Clerk or other nominated officer 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

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

Written Statement Procedure

17. The Clerk will write to the complainant asking them to submit written statements and evidence to support their complaint allowing 10 calendar days for this to be submitted.  The complainant does not have to add any material to the original complaint. 

18. The Clerk will prepare a written statement of the information and evidence setting out the Council’s case and this will be completed within 14 calendar days from the date given for written evidence to be provided in paragraph 17 wherever practicable.  

19. The Clerk will send a copy of the Council’s written statement and other evidence to the complainant and ask if they wish to submit any further material or statement to be considered by the Council allowing 10 calendar days for this to be submitted to the council.  

20. A complainant may withdraw their complaint at any time. 

21. The Council will convene a meeting of the parish council or a complaints committee to review the complaint and they may decide to exclude the media and public from the meeting if they consider that confidential or personal matters will be discussed. Written statements and the evidence of both the complainant and the Clerk will be considered.  No oral evidence will be taken.  

22. The Council or complaints committee will decide by resolution if the complaint is upheld or dismissed, and this will be minuted.

23. If the council or complaints committee decide that the complaint is upheld in whole or in part, they may make recommendations to be considered at a full council meeting on what changes should be implemented. 

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

Adopted Old Somerby Parish Council 7 August, 2023