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The Council skips one stage of its complaint procedure

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The Council skips one stage of its complaint procedure

Postby south1 » Mon Mar 28, 2016 3:50 pm

The complaint procedure of my Council has three stages. Stage 1 is dealt with by an officer of the Council, stage 2 is dealt with by the head of the relevant sector and stage 3 is dealt with by the chief executive of the relevant sector.

I made a complaint to the Council under stage 1 of its complaint procedure. I received a reply from an officer of the Council. Then I made a complaint against this decision under stage 2 of the complaint procedure

Hence the Council should have replied to my complaint against this officer of the Council under stage 2 of the complaint procedure. However what the Council did is that it replied to it directly under stage 3 skipping stage 2.

As a consequence instead of having received a reply to my complaint from the head of the relevant section under stage 2 I received a reply directly from the chief executive under stage 3. As a consequence I have not received a reply to my complaint from the head of the relevant section under stage 2 to which I was entitled and the complaint procedure of the council is now exhausted because there is no-one above the chief executive and I have received a reply to my complaint under stage 3.

Hence I would like to know if the Council can cancel the response from the chief executive and pass my complaint to the head of the relevant sector so that I receive a reply from him under stage 2 of the complaint procedure.

Another solution will be that the chief executive allows me to reply to his response to my complaint

I would like to know if the Council can take one of these two steps or another step to correct this flaw in the processing of my complaint. I would like to know also if I have another kind of remedy against this unfair decision without going yet to court to judicial review this decision or complaining to the Ombudsman

I would like to know what to tell to the Council to convince it that it is wrong not to have complied with its own complaint procedure and that it should take the necessary steps so that I receive also a reply to my complaint from the head of the relevant sector under stage 2 to which I am entitled.

It is also a question of fairness because I have entitled to have my complaints properly dealt with. If the Council does not deal with my complaint also under stage 2 we can think that it wants to get rid of my complaint as soon as possible because it is an embarrassing complaint because it is a valid complaint
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Re: The Council skips one stage of its complaint procedure

Postby Smouldering Stoat » Mon Mar 28, 2016 3:56 pm

So to summarise, you are aggrieved that the Council has taken your complaint more seriously than it ought to have done?
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Re: The Council skips one stage of its complaint procedure

Postby south1 » Mon Mar 28, 2016 5:02 pm

Anyone is entitled to have his complaint considered under stage 1, then stage 2 and then stage 3 irrespectively of the merit of his complaint
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Re: The Council skips one stage of its complaint procedure

Postby shootist » Mon Mar 28, 2016 5:23 pm

You may need to revisit the council's rules on such complaints. Many such bodies have a procedure that allows them to escalate a complaint to the next level, bypassing the usual next stage, if the complaint is deemed sufficiently serious to warrant such action.
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Re: The Council skips one stage of its complaint procedure

Postby atticus » Mon Mar 28, 2016 5:59 pm

As I read the OP's first post, he is complaining that, having complained to his Council, it is taking his complaint more seriously than it deserves.
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Re: The Council skips one stage of its complaint procedure

Postby dls » Mon Mar 28, 2016 7:46 pm

Think of it as having gone straight to appeal.
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Re: The Council skips one stage of its complaint procedure

Postby south1 » Tue Mar 29, 2016 10:04 am

1.
I will reply to ‘shootist’ saying that the Council does not have such a procedure to which he refers

2
I will reply to 'atticus' saying that anyone is entitled to have his complaint dealt with under stage 1, then under stage 2 and then under stage 3 irrespectively of the possible merit of his complaint i.e. without the Council having any prejudice about it.

3.
It is important that the Council deals with my complaint under all the three stages of the complaint procedure and not only under two because this will force it to give more explanations which can help me to better understand the situation and enable me to discover further evidence in my favour and it is why the Council has shortened the processing of my complaint

4.
It is important to receive three responses about my complaint and not only two because each response could contain additional evidence that I can use in my favour in the next stage of the complaint procedure or in court procedure for judicial review or in a complaint to the Ombudsman. This is another reason why the Council has shortened the processing of my complaint

5.
It is important to have my complaint considered under the three stages of the complaint procedure and not under only two because the three stages are dealt with by different persons who can have different opinions.

6.
In conclusion I would like to know what I can do and what I can tell to the Council to make it change its mind so that it considers my complaint also under stage 2

In England there is what we call “rules of law” so if I can do nothing against this unfairness “rules of law” will be replace by “the law of the jungle”
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Re: The Council skips one stage of its complaint procedure

Postby Voldemort » Tue Mar 29, 2016 12:15 pm

south1 wrote:1.
In England there is what we call “rules of law” so if I can do nothing against this unfairness “rules of law” will be replace by “the law of the jungle”


I'm not sure there's a "rule of law" that says a council must have a three stage complaints process. If however you have lots of time to waste, you could try the LGO.
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Re: The Council skips one stage of its complaint procedure

Postby atticus » Tue Mar 29, 2016 12:47 pm

As so often with this poster, what he says boils down to
south1 wrote:me, me, me
He has a clear view of his entitlements.

The Council appears to have marked the OP out as a trouble-maker and to have fast-tracked this complaint to the top.
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Re: The Council skips one stage of its complaint procedure

Postby south1 » Tue Mar 29, 2016 2:30 pm

1.
There is no ‘rule of law’ which says that a council has to have a three stages complaint process but when it has it it has to comply with it because it has to comply with its own rules according to the principle of ‘rule of law’ as opposed to this of the ‘law of the jungle’ where there are no rules or they are not applied

2.
Even alleged trouble-makers have the right to have their complaints dealt with properly according to the council complaint procedure. Moreover who knows whether or not I am really a troublemaker. As we say a ‘terrorist’ for someone could be a ‘freedom fighter’ for someone else. I consider myself within the second category

3.
I am currently preparing a letter for the council to convince it to change its mind and to deal with my complaint also under stage 2. Hence if anyone of you has any idea of very good arguments that I can put in this letter he is welcome to pass them to me
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