Changes to the complaints procedure
From 8 May 2008 the responsibility for considering complaints that
a Councillor may have breached the Code of Conduct moves to the
Standards Committee of local authorities.
The Code of Conduct sets out the rules governing the behaviour of
Councillors in local authorities across the country and is included
in Part 5 of Waveney Council’s Constitution.
What this means to you
After 8 May 2008, complaints about the conduct of a Waveney
District Councillor or a Councillor from one of the Parish or Town
Councils within the Waveney area must be submitted in writing
to:
The Standards Committee
C/o Monitoring Officer
Waveney District Council
High Street
Lowestoft
NR32 1HS
Tel: 01502 523606
Email:
standards@waveney.gov.uk
Fax: 01502 523500
How to get a complaints form
Complaint forms are also available on the Council’s main reception
desks. If you need any support in completing the form, please let
us know as soon as possible by contacting the Monitoring
Officer.
Are you using the correct form?
The points listed below will help you decide whether this is the
correct form to use when making your complaint. You should speak
to Waveney's Monitoring Officer if you are not clear if the
Standards Committee can consider your complaint. An Assessment
Sub-Committee of the Standards Committee will make the decision
about what action, if any, to take on your complaint.
- Your complaint must be about conduct that occurred while the
Councillor(s) complained about were in office. Conduct of an
individual before they were elected, co-opted or appointed to the
authority, or after they have resigned or otherwise ceased to be a
Councillor, cannot be considered by an Assessment Sub-Committee
(other than criminal convictions).
- Your complaint must be that the Councillor(s) has, or may have,
breached the Code of Conduct. A copy of the Code of Conduct and
frequently asked questions about the Code of Conduct are available
at http://www.standardsboard.gov.uk . You may also
contact the Monitoring Officer if you require further
information.
- Complaints about dissatisfaction with a decision or action of
the authority or one of its committees, a service provided by the
authority or the authority’s procedures do not fall within the
jurisdiction of the Standards Committee. Complaints about the
actions of people employed by the authority also do not fall within
the jurisdiction of the Standards Committee. If your complaint does
not fall within the jurisdiction of the Standards Committee you
will need to use the our general Comment/Compliment/Complaint
form or pick one up from one of the Council’s main reception
desks.
- Your complaint must be in writing. If a disability prevents you
from making your complaint in writing you may contact the
Monitoring Officer for assistance.
It is important to note that not every complaint that falls within
the jurisdiction of the Standards Committee will be referred for
investigation or other action. An Assessment Sub-Committee of the
Standards Committee must decide whether this is appropriate. It
will make this decision using referral criteria as listed on the
complaints form. If an Assessment Sub-Committee decides not to
refer your complaint for investigation or other action it will give
you the reasons for this decision. It will also explain any right
that you may have to ask for the decision to be reviewed.
What happens once you submit your
complaint?
When you submit your complaint we will write to you to let you know
we have received it. We will also tell the Councillor that you are
complaining about that we have received your complaint, who made
the complaint and the relevant paragraphs of the Code of Conduct
that it is alleged may have been breached. Please note you can
request confidentiality or for suppression of complaint details but
this will not automatically be granted and an Assessment
Sub-Committee will consider the request alongside the substance of
your complaint.
An Assessment Sub-Committee will meet to consider your complaint
and decide whether it should be referred for investigation or other
action. This will happen within an average of 20 working days of
the date we receive your complaint. Meetings of an Assessment
Sub-Committee are ‘closed’, which means that you will not be able
to attend. It is therefore very important that you set your
complaint out clearly and provide at the outset all information you
wish an Assessment Sub-Committee to consider.
When an Assessment Sub-Committee has reached its decision we will
notify you in writing whether your complaint has been referred for
investigation or other action. At the same time we write to you, we
will also write to the Councillor(s) you have complained about and
the Parish or Town clerk (if applicable). We will send these
letters within five working days of an Assessment Sub-Committee
reaching its decision. The decision of an Assessment Sub-Committee
is made available for public inspection once the Councillor the
complaint is about has been given a summary of the complaint. In
very limited situations the Councillor may not be given this
summary immediately and if so any public inspection will not happen
until the Member does get the summary.
What is meant by ‘other action’?
An Assessment Sub-Committee may decide to refer your complaint for
‘other action’, instead of referring for investigation. Other
action is a deliberately broad term that may include options such
as requiring the person you have complained about to apologise or
undergo training or mediation. An Assessment Sub-Committee will
carefully consider the circumstances surrounding your complaint
when deciding whether other action is appropriate. If an Assessment
Sub-Committee decides to refer your complaint for other action we
will explain what this involves.
How should I set out my complaint?
It is very important that you set your complaint out fully and
clearly, and provide all the information at the outset. You should
also provide any documents or other material that you wish an
Assessment Sub-Committee to consider, where possible. Unless the
authority advises you otherwise, you will not be able to attend the
meeting of an Assessment Sub-Committee.
We recommend that you use our complaint form or provide a covering
note summarising what you are complaining about, especially if your
complaint includes a lot of supporting documentation. In the
summary you should tell us exactly what each person you are
complaining about said or did that has caused you to complain. If
you are sending supporting documentation please cross-reference it
against the summary of your complaint.
You should be as detailed as possible and substantiate your
complaint where you can. Although you are not required to prove
your complaint at this stage of proceedings, you do have to
demonstrate that you have reasonable grounds for believing that the
Councillor(s) complained about has breached the Code of
Conduct.
For further information, or to discuss these changes, please
contact the Council’s Monitoring Officer on 01502 523606 or email
to
arthur.charvonia@waveney.gov.uk