Policies and procedures

Guide to Handling Complaints & the Complaints Procedure

This Guide to Handling Complaints & Complaints Procedure was adopted by the Council in February 2009. It was last reviewed and amended at a Meeting of the Full Council on 14th March 2024

Guide to Handling Complaints

Introduction

1. A complaint is an expression of dissatisfaction by one or more members of the public about the Parish Council’s action, or lack of action, or about the standard of a service, or a person or body acting on behalf of the council.  Complaints can be verbal or written.

2. It will not be appropriate to deal with all complaints from members of the public under this Complaints Procedure.  For example:
   1. Where someone feels very strongly that a decision of the Parish Council was unlawful, they may apply to the courts for a judicial review of the Council’s decision;
   2. In the event of an accusation of financial wrongdoing, a complaint may be made to the council’s external auditor.
   3. Breaches of the Members’ code of conduct for the council may result in an allegation being made to the local Principal Authority (South Kesteven District Council.) 
   4. Any matter that raises a suspicion of criminal wrongdoing can be referred to the police;
   5. Where the council carries out functions on behalf of another authority, such as grass cutting under an agreement with the District/County Council, the complaint can be referred to them.  The ombudsman may be involved if the matter is not resolved by the principal authority;
   6. A complaint that the council has not released information under the Freedom of Information Act 2000 in the manner that a person requesting believes it should have done, can be referred to the Information Commissioner. 

Confidentiality

3. The identity of a complainant should only be made known to those who need to consider a complaint and Councils should take care to maintain confidentiality where circumstances demand and in accordance with data protection legislation.

Remedies

4. The purpose of a Complaints Procedure is to put things right if things go wrong. The written response on behalf of the Parish Council should include a full and frank response to the concerns raised by the complainant, and an apology where appropriate.

5. Parish Councils have the power (i) to make a payment or (ii) to provide some other benefit where action amounts to or may amount to maladministration.  

Handling Vexatious or Abusive Complaints

6. A very small minority of complainants may persist unreasonably with their complaints or make complaints in order to make life difficult for the Council, rather than genuinely to resolve a grievance; see Appendix 1 for definitions of a vexatious complainant. The Council recognises that it is important to distinguish between those who make complaints because they genuinely believe things have gone wrong, and those who are looking to subvert the legitimate business of the Council. 

7. It is not necessary to meet a complainant’s unreasonable demands, and judgement is required to separate the legitimate from the unreasonable queries, often within the same complaint.  If the complainant’s persistence adversely affects the Council’s ability to do its work, it must address such behaviour.  The Clerk will implement action agreed by the Council and will notify the complainant that their complaint is considered vexatious and what action will be taken.

Threatening and Abusive Complainants and Harassment

8. The Parish Council does not expect staff or members to tolerate unacceptable behaviour by complainants which causes or may cause undue stress. The Council believes that harassment is totally unacceptable. 

9. Harassment is defined as unwelcome and unwarranted behaviour that affects the dignity of an individual or group. Harassment may also include actions characterised as offensive, intimidating, malicious, insulting or humiliating that attempt to undermine or injure an individual or group of individuals. Examples may include, but not exclusively, verbal abuse, bullying, shouting or swearing or threat of any of these behaviours.

10. All such incidences must be documented and all personal contact with the complainant will be discontinued and the complaint will thereafter only be continued through written communication by post.

The Complaints Procedure

1. The following procedure will be adopted for dealing with complaints about the Council’s administration or its procedures.  Complaints about a policy decision made by the Council will be referred back to the Council, for consideration. 

2. This procedure does not cover complaints about the conduct of a Member of the Council, financial irregularities, or criminal activity; see Table 1 on page 3 for how to raise these complaints.

1. Any complaint about the Council’s procedures or administration should be made in writing to the Clerk to the Council; see website or noticeboard for details.
2. If the complainant does not wish to make the complaint via the Clerk to the Council, it should be addressed to the Chairman of the Council; see website or noticeboard for details.
3. If a complaint is notified orally, a written record of the complaint will be made, noting the name and contact details of the complainant and the nature of the complaint.    
4. On receipt of a written complaint, the Clerk to the Council (except where the complaint is about regarding the actions of the Clerk), will seek to settle the complaint directly with the complainant.  This will not be done without first notifying any person complained about and giving him or her opportunity to comment. Efforts should be made to resolve the complaint at this stage.
5. For complaints which cannot be resolved by less formal measure, or initial explanations provided to the complainant by the Clerk or Chairman, the Clerk (or Chairman) will report any complaint that has not been resolved to the next meeting of the Council.   
6. The complainant will be invited to attend the meeting at which the complaint will be considered and be offered the opportunity to be accompanied by a representative, if required.
7. Seven clear working days prior to the meeting, the complainant is required to provide the Council with copies of any documentation or other items on which the complaint is based. 
8. The Council will provide the complainant with copies of any documentation upon which it wishes to rely at the meeting and shall do so promptly, allowing the opportunity to read all material in good time for the meeting.
9. The council shall exclude the public and press whilst discussion of the matter takes place.  Any decision on a complaint shall subsequently be announced at a meeting in public, whilst taking into account any duties to safeguard personal data in accordance with para 3. above.
10. The Chairman will introduce everyone at the meeting and explain the procedure to be followed.
11. The complainant will be asked to outline the grounds for the complaint, and thereafter, questions may be asked by (i) the Clerk and (ii) members of the Council.
12. The Clerk to the Council/Chairman will acknowledge receipt of the complaint and advise when the matter will be considered by either the Council or a nominated Committee working on behalf of the Council.
13. The Clerk to the Council will then have an opportunity to explain the Council’s position and questions may be asked by the complainant and then members.
14. The complainant will be offered the opportunity to summarise their position.
15. The Clerk will be offered the opportunity to summarise the position on behalf of the Council.
16. The Clerk and complainant will both be asked to leave the room whilst 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.
17. The complainant will be given the opportunity to await the outcome but if a decision is unlikely to be finalised quickly, will be advised when a decision is likely to be made and communicated to them.
18. Any decision will be confirmed to the complainant within seven working days, together with details of any further action to be taken.
19. The Council’s decision on the matter will be final, and no further appeal process will be offered.
20. Where the complaint relates to the Clerk, or a Councillor receives a complaint about the Clerk’s actions, the complaint should be referred to the Chairman. The Clerk to the Council will be formally advised of the matter and given an opportunity to comment.
21. The Clerk (or Chairman) will report any complaint disposed of by direct action with the complainant to the next meeting of the Council.
22. Matters relating to Grievance or Disciplinary proceedings that are taking, or are likely to take place, should be dealt with in accordance with the Council’s Grievance and Disciplinary Policies and Employee Handbook.
23. The Council may consider in the circumstances of any particular complaint whether to make any without liability payment or provide other reasonable benefit to any person who has suffered loss as a result of the Council’s maladministration. Any payment may only be authorised by the Council after obtaining legal advice and advice from the Council’s auditor on the propriety of such a payment.
24. The Council may defer dealing with any complaint if it is of the opinion that issues arise on which further advice is necessary. The advice will be considered, and the complaint dealt with at the next meeting after the advice has been received. 
25. The Council’s decision on the matter will be final, and no further appeal process will be offered.

Table 1.

Complaints regarding the matters in Table 1 should be referred to the stated authority:

Appendix 1 - Definition of a Vexatious Complainant

1. Complainants and or anyone acting on their behalf may be deemed to be vexatious where contact with them shows that they meet one or more of the following criteria:
   1. Persist in pursuing a complaint/grievance where the Council’s Complaints Procedure or the Freedom of Information procedure has been fully implemented or exhausted.
   2. Persistently change the substance of a complaint/grievance, raise new issues or seek to prolong contact by continually raising further concerns or questions upon receipt of a response.
   3. Are repeatedly unwilling to accept evidence given as being factual or deny receipt of an adequate response in spite of correspondence specifically answering their questions or do not accept that facts can sometimes be difficult to verify when a long period of time has elapsed.
   4. Repeatedly do not clearly identify the precise issues which they wish to raise, despite reasonable efforts of the Council to address their concerns and/or where the concerns identified are not within the remit of the Council. 
   5. If the complaint is about essentially the same matter that has already been considered, with only very minor differences and does not contain any new information.
   6. Regularly focus on a trivial matter to an extent which is out of proportion to its significance.  It is recognised that determining a trivial matter can be subjective and judgement must be used in identifying frivolous complaints.
   7. Have threatened or used physical violence towards staff or members at any time.
   8. Have had an excessive number of contacts with the Council, placing unreasonable demands on staff or members.  Discretion will be used in determining the precise number of excessive contacts applicable under this section, using judgement based on the specific circumstances of each individual case.
   9. Have harassed or been personally abusive or verbally aggressive towards staff or members dealing with the complaint/grievance. The Council recognise however those complainants may sometimes act out of character in times of stress, anxiety or distress and should make reasonable allowances for this. All instances of harassment, abusive or verbally aggressive behaviour will be documented.
   10. Have harassed or been personally abusive or verbally aggressive towards any councillors whether this has been on a face-to-face contact or at public meetings.