f. Complaints against the Council

Councils should have a means by which the public can seek redress about its performance, decisions and activities, and should have an accessible complaints procedure.

An effective procedure can help resolve concerns, restore confidence and, in some cases, reduce the risk of legal action.  A complaints procedure should be accessible and fair, and include an opportunity for the complainant to appeal against the outcome.  It should also accommodate remedial action by the council if it upholds the complaint.

The process for investigating a complaint should be proportionate to the seriousness of the complaint. It is generally in the interests of the complainant and the council to try to resolve the matter informally rather than deferring to the council’s formal complaints procedure.   There is no reason why the council cannot, in appropriate cases, delegate responsibility for handling of complaints to the Clerk, or another suitable member of staff.

The Local Government & Social Care Ombudsman does not currently receive complaints from parish and town councils, unless they relate to joint working with a principal authority.

Complaints about the council are handled differently to those about an individual councillor's conduct. The latter will invariably amount to an alleged breach of the Code of Conduct, which must be directed to the district council's monitoring officer. 

A complaint that raises issues about the conduct of council employees should be handled in accordance with the complaints procedure. Following the outcome, if the council decides there may potentially be a need to consider disciplinary action,  the council's internal disciplinary procedure should be followed.

The complaints procedure is not a means of redress for a council's members, or staff.  If a member has concerns about the conduct of a member of staff, they should notify the committee or sub-committee having responsibility for staff management.

If a member of staff raises a complaint about the workplace, colleagues or councillors, this should be dealt with in accordance with the council's grievance procedure.

N.B. NALC have issued an advice note on their website - Disciplinary and Grievance Arrangements in Local Councils. 

[To access the NALC website you will need to set up an individual account (SALC members only).  Video guidance on how to do this is available here - https://www.youtube.com/watch?v=zapNDmP8jjY]