Complaints Procedure adopted 5/12/06

NORTH MUNDHAM PARISH COUNCIL

COMPLAINT PROCEDURE

This Policy sets out procedures for dealing with complaints that anyone might have about North Mundham Parish Council's administration and procedures.  It applies to North Mundham Parish Council's employees.  Councillors covered by the Code of Conduct adopted by the Council on 9 April 2002.  The Standard Board will deal with complaints about Parish Councillors; the Complainant should be given the contact details of the Standards Board or the local monitoring officer.  Complaints against policy decisions made by the Council shall be referred back to the Council (but note paragraph 35(a) of the Council's Standing Orders). 

•1.      If a complain about procedures or administration as practised by the Council's employees is notified to a Councillor or the Clerk of the Council, they should seek to satisfy the complaint fully.  If that fails, the complainant should be asked to put the complaint in writing to the Clerk of the Council and be assured that it will be dealt with promptly after receipt.

•2.      If the complainant prefers not to put the complaint to the Clerk of the Clerk he or she should be advised to put it to the Chairman of the Council.

•3.      (a) On receipt of a written complaint the Chairman of the Council or the Clerk to the Council (except where the complaint is about his or her own actions), shall try to settle the complaint directly with the complainant.  This shall not be done without first notifying the person complained against and giving him or her an opportunity to comment.  Efforts should be made to settle the complaint at this stage.

(b) Where the Clerk to the Council or the Chairman receives a written complaint about the Clerk of the Council's own actions, he or she shall refer the complaint to the Chairman of the Council.  The Clerk of the Council shall be notified and given an opportunity to comment.

•4.      The Clerk to the Council or Chairman shall report to the next meeting of the council any written complaint disposed of by direct action with the complainant.

•5.      The Clerk to the Council or Chairman shall bring any written complaint that has not been settled to the next meeting of the Council.  The Clerk to the Council shall notify the complainant of the date on which the complaint will be considered.  The complainant shall be invited to attend the relevant meeting and bring with them such representative as they wish.  Seven clear working days prior to the meeting, the complainant shall provide the Council with copies of any documentation or other evidence, which they wish to refer to at the meeting.  The Council shall similarly provide the complainant with copies of any documentation upon which they wish to rely at the meeting. (Unless such a matter may be related to Grievance, Disciplinary or Standard Board proceedings that are taking, or likely to take place when such a hearing may prejudice those hearings when the complaint will have to heard under Exempt Business to exclude any member of the public or the press, or deferred on appropriate advice received). A Council shall defer dealing with any written complaint only if it is of the opinion that issues of law or practice arise on which advice is necessary.  The complaint shall be dealt with at the next meeting after the advice has been received.

•6.      The Council shall consider whether the circumstances attending any complaint warrant the matter being discussed in the absence of the press and public but any decision on a complaint shall be announced at the Council meeting in public.  The Chairman shall introduce everyone and explain the procedure.  The complainant (or representative) shall outline grounds for complaint, members shall ask any questions of the complainant.  If relevant the Clerk shall explain the position of the Council, members to ask any questions of the Clerk.  Clerk and complainant to be offered opportunity of last word (in this order).  Clerk and complainant to be asked to leave the room while members decide whether or not the grounds for complaint have been made.  (If a point of clarification is necessary both parties to be invited back)

•7.      The Clerk and complainant return to hear decision, or to be advised when the decision will be made

•8.      Decision confirmed in writing within seven working days and together with details of any action.

Adopted by North Mundham Parish Council on 5 December 2006