Complaint - Against the Town Council It remains the position that the Local Government Ombudsman has no jurisdiction over parish and town councils.
Complaints about an employee of the council (i.e. the clerk) should be dealt with as an employment matter. The complainant can be assured that the matter will be dealt with internally as such and appropriate action taken as required.
Complaints about a councillor are now subject to the jurisdiction of the Standards Board. Complainants should be advised to contact the appropriate body directly or the Monitoring Officer at the District Council for further information. The Town Council, upon request will provide relevant information and contact details to the complainant.
The code of practice within this guidance is therefore aimed at those situations where a complaint has been made about the administration of the council or about its procedures. It is not an appropriate forum for a complaint against individuals.
For the benefit of good local administration the Town Council adopts this Code of Practice and formal procedure for considering complaints either made by complainants direct or which have been referred back to the council from other bodies.
The procedure should ensure that complainants can feel satisfied that at least their grievance has been properly and fully considered.
The council views the adoption of this complaints procedure as an efficient way of dealing with complaints received and a means of preserving the good reputation of the council through a transparent process.
The council has established formation and membership of a committee to deal with complaints. This avoids the need for full council having to assemble and also makes the process less daunting for a complainant if they choose to attend a meeting in person. The committee, when formed, will report its conclusions to the next meeting of full council.
Under the Local Government Act, the standards committee of the principal authority is empowered to promote and maintain high standards of conduct by the members of the Town Council. Whilst this does not necessarily affect complaints about maladministration and procedure, the Town Council has made every effort not to confuse this procedure with that available for complaints against individual members.
This procedure is designed for those complaints that cannot be satisfied by less formal measures or explanations provided to the complainant by the clerk or other proper officer or chairman.
At all times, the rules of natural justice will apply. In other words, all parties should be treated fairly and the process should be reasonable, accessible and transparent.
The Complaints Committee - Membership
- Membership is to be one from each political group plus two independents.
- The Chairman of the Council will chair the meeting and the Clerk will set out the Council’s legal position.
- One member of the meeting will be charged to act for the Clerk as secretariat to any meeting.
Code of Practice - Before the Meeting
- The complainant should be asked to put the complaint about the council’s procedures or administration in writing to the clerk or other nominated proper officer.
- If the complainant does not wish to put the complaint to the clerk or other proper officer, they may be advised to put it to the chairman of the council.
- The clerk shall acknowledge the receipt of the complaint 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 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.
At the Meeting
- 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.
- Chairman to introduce everyone.
- Chairman to explain procedure.
- Complainant (or representative) to outline grounds for complaint.
- Members to ask any question of the complainant.
- If relevant, clerk or other proper officer to explain the council’s position.
- Members to ask any question of the clerk or other proper officer.
- Clerk or other proper officer and complainant to be offered opportunity of last word (in this order).
- Clerk or other proper officer and complainant to be asked to leave room while Members decide whether or not the grounds for the complaint have been made.
- (If a point of clarification is necessary, both parties to be invited back.
- Clerk or other proper officer and complainant return to hear decision, or to be advised when decision will be made.
After the Meeting
- Decision confirmed in writing within seven working days together with details of any action to be taken.
This Code of Practice and Formal Procedures to be used when handling Complaints made against the Shepton Mallet Town Council were approved and adopted at a meeting held on 2 December 2003 (Minute 117– Item 18)
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