Complaints, Comments & Compliments Policy p2
1. Introduction
This policy is aligned with the Local Government Model Complaints Handling Procedure (MCHP). The development of the MCHP was led by the Northern Ireland Public Services Ombudsman (NIPSO) in partnership with an operational network of Local Government staff of which Mid and East Antrim Borough Council was a member.
The aim of the MCHP is to help complainants understand how to make a complaint and what level of service to expect when they do so.(A quick guide to the complaints procedure is included at Appendix 1).
Mid and East Antrim Borough Council have committed to the six principles of good complaints handling outlined within the MCHP, to drive a focus on the early resolution of complaints and to promote the use of complaints information for learning and improvement.The six principles of good complaints handing are:
- Start off right.
- Fix it early.
- Focus on what matters.
- Be fair.
- Be honest.
- Learn and improve.
Mid and East Antrim Borough Council strives to deliver an excellent service to our customers and is committed to continual improvement in the quality and accessibility of those services.
Our vision is 'Mid and East Antrim will be a strong, vibrant, safe and inclusive community, where people work together to improve the quality of life for all'. We believe that maintaining a strong customer focus is essential to delivering excellent Council services. Our Customer Service Charter sets out what you can expect from us.
Feedback, both positive and negative, is an important tool in identifying what Council is doing right and where improvements can be made. Customers should feel welcome to make a complaint, comment or compliment about any of Council's services.
2.Purpose
This policy sets out how you may make a complaint, comment or compliment and how Council Officers will manage the process.
3. Scope
All Mid and East Antrim Borough Council Staff and contractors should be aware and knowledgeable of the policy and procedures. Elected Members will be in frequent contact with their constituents who may have complaints, comments or compliments about Council services and their knowledge of this policy will enhance their community leadership role.
4. Definitions
4.1 What is the definition a complaint?
A Complaint is defined as "An expression of dissatisfaction by one or more members of the public about an action or lack of action, or about the standard of service provided by or on behalf of Mid and East Antrim Borough Council."
4.2 What is the definition a comment?
A Comment is defined as "a remark, observation or criticism that may require immediate action but does not require any investigation"
4.3 What is the definition a compliment?
A Compliment is defined as "an expression of praise or congratulations concerning a service provided by the Council".
4.4 Complaints raised about senior staff:
where the complaint pertains to decisions/actions of senior staff, the complaint must be investigated by an individual who is independent of the situation in order to avoid any perceived conflict of interest.
4.5 Elected Member conduct complaints
The Northern Ireland Local Government Code of Conduct for Councillors sets out principles and rules of conduct which must be observed by Elected Members. If you believe that a Councillor, or the Mayor, may have breached the Code of Conduct, you should complain to the Northern Ireland Local Government Commissioner for Standards.
The Commissioner is independent of Government and the Council, and their investigations are conducted at no cost to complainants.
Alternatively, you can contact NILGCS at:
The Northern Ireland Local Government Commissioner for Standards
Progressive House
33 Wellington Place
Belfast
BT1 6HN
T: 028 9023 3821
5. Making a complaint, comment or compliment
5.1 What can you complain about?
You can complain about any aspect of Council services that you find to be unsatisfactory. Examples include:
- failure or refusal to provide/respond to a request for a service.
- inadequate quality or standard of service, or an unreasonable delay in providing a service.
- dissatisfaction with one of Council's policies or its impact on the individual
- failure to properly apply law, procedure or guidance when delivering services.
- failure to follow the appropriate administrative process.
- conduct, treatment by or attitude of a member of staff or contractor
- a concern about the actions or service of an organisation who is delivering services on behalf of the organisation.
- disagreement with a decision, (except where there is a statutory procedure for challenging that decision, or an established appeals process)
- dissatisfaction with how an element of a decision was administrated.
Complaints, comments, or compliments will be accepted about any of our services, facilities, venues, and staff, including all directorates and employees, agency workers, contractors and consultants.
5.2 What issues can't be dealt with via the complaints process?
There are a number of issues that cannot be considered a complaint under the complaints handling procedure, however, they may be subject to other Council policies and/or procedures.
If your complaint falls within another Council policy and/or procedure, a member of staff will advise what action you need to take in order to seek resolution.
Some examples of the types of issues that do not fall within the complaint handling procedure are provided below.
a) Service Requests
A routine first-time request for a service or reporting of a fault.
However, Council's failure to provide the service or deal with that fault in a timely way would fall within the scope of the complaints handling procedure.
b) A complaint about a Freedom of Information Requests
Issues raised around the information provided/withheld in response to your freedom of information request is subject to an Internal Review by the FOI Team. If you remain dissatisfied after the internal review, you can appeal to the Information Commissioner’s Office.
However, you can raise concerns around the freedom of information processes which are not subject to internal review and/or appeal. For example, complaints about staff, procedures, timelines or general administration.
c) A complaint about a planning decision
Your complaint should be lodged with the Planning Appeals Commission. Council's complaints handling procedure is unable to overturn a planning decision and therefore is not an appropriate method of appeal.
However, you can raise concerns around the planning process which are not subject to appeal or judicial review such as complaints about staff, procedures, timeliness or general administration.
5.3 Who can complain?
Any individual, group or organisation who receives, requests or is affected by a Council service (directly, or by a Council contractor) has the right to complain, comment or compliment.
5.4 What are your responsibilities as the complainant?
As a customer of Mid and East Antrim Borough Council, you have the right to expect the best possible services. If we fall short of your expectation, you have the right to complain.
In doing so, we ask that you follow these guiding principles:
- Provide your full name and contact details. Information on how Council manages your personal data is outlined at Section 5.5 of this policy;
- Provide adequate details of your complaint;
- Set out clearly the cause for dissatisfaction - what has gone wrong;
- Provide accurate details and supporting correspondence or other relevant evidence, if possible;
- If there has been a delay in submitting your complaint, explain the cause of that delay;
- Explain what you believe to be a satisfactory outcome from Council;
- Treat our staff with good manners, politeness, and civility at all times. Please see Council's Code of Conduct.
- Accept that Council will act fairly and promptly in dealing with your complaint;
- Be reasonable and open minded and listen to reasonable explanations: and
- Appreciate that it may not always be possible to achieve the outcome you would like.
5.5 How will Council manage your personal information?
Council manages your personal data in accordance with it's duties and responsibilities under the UK GDPR and the Data Protection Act 2018.
Retention of complaint documentation will be in adherence with the Council's Records Management Policy.
For detailed information of how Council manages your personal data in respect of this policy, please see the Council's Privacy Notice.
A copy of the Council's Privacy Notice is available on this website.
If you have any further queries about Council's management of your personal data, Council's Data Protection Officer can be contacted at dpo@midandeastantrim.gov.uk.
5.6 Anonymous complaints
It is your right to complain and Mid and East Antrim Borough Council will treat all complaints in strictest confidence.
The Council recognises that there may be circumstances where you may prefer to remain anonymous and will respect your reasons for doing so. However, the Council will exercise discretion in deciding whether or not to investigate anonymous allegations.
In determining whether to investigate an anonymous complaint, Council will consider the following:
- Has sufficient information been provided to enable the Council to fully investigate the issue?
- How serious and/or credible is the issue(s) raised?
- Have similar allegations been raised and/or investigated before?
- Can the allegation be confirmed from other sources?
- Is clarification or cooperation required from the complainant?
If the Council decides to investigate the complaint and the complainant chooses to remain anonymous, the Council will exercise discretion in deciding whether to provide information relating to the investigation and/or any explanation of the findings.
5.7 How long do you have to make a complaint?
In general, we expect you to make your complaint as soon as possible after the matter arises or when you become aware of the issue.
If this is not possible, you should inform Council no later than six months after the matter arose or when you became aware of the issue.
5.8 How to make a complaint
A complaint, comment or compliment may be made via the following methods:
- In person to any Council staff member
- In writing, directly to the service area, or to:
Complaints
Mid and East Antrim Borough Council
The Braid
1-29 Bridge Street
Ballymena
BT43 5EJ
- By telephone: 0300 124 5000
- By email, directly to the service area, or to complaints@midandeastantrim.gov.uk.
Social Media:
Customers should not use the Council's social media accounts to make contact in relation to queries about Council services or to make a complaint.
These accounts are not monitored for this type of activity.
The most appropriate ways to contact Council for the purposes of making a complaint are those set out above.
Third party:
A complaint will be accepted from a third party acting on behalf of the complainant(s), such as relatives or other representatives.
However, consent from the complainant(s) must be provided.
If the complainant is a minor, a vulnerable adult or suffering from incapacity, the complaint will be accepted from their legal appointee with authority to act on their behalf.
5.9 Getting help to make a complaint
The Council wishes to ensure access for all and will provide for additional requirements such as alternative formats on request for customers with a disability or alternative language access for those customers for whom English is not their first language.
Please advise us if you require assistance in this regard using one of the methods listed at 5.8.
If you have trouble putting your complaint in writing, or want this information in another language or format, such as large font, Braille, audio or Easy Read, please contact Council via one of the options below:
- In writing to:
Complaints
Mid and East Antrim Borough Council
The Braid
1-29 Bridge Street
Ballymena
BT43 5EJ
- Telephone: 0300 124 5000
- Email: complaints@midandeastantrim.gov.uk
- Tell us in person at any service area.