Complaints Procedure
A complaint is defined as:
An expression of dissatisfaction, however made, about the standard of service, actions or lack of action by Jurby Parish Commissioners or its staff affecting an individual ratepayer.
Jurby Parish Commissioners will investigate and settle any complaints received, wherever possible.
The Commissioners will maintain the following systems for dealing with complaints: –
Complaints received will be entered in a Register of Complaints
Complaints may be either oral or written.
Complaints may be categorised into Levels 1 – 3 in order of seriousness i.e. Level 1 – serious in nature; Level 2 – complaints that require an individual response; Level 3 – those defined as standard complaints
Who can complain?
Any ratepayer of Jurby; member of public, organisation or company who receives a service from the Commissioners.
A separate procedure is in place for complaints made via an elected member.
Form of complaints
A Complaint may be made either verbally, in writing or electronically. The complaint might not be specifically flagged and may be disguised in more lengthy correspondence. All complaints received shall be recorded.
Receipt of complaints
In the case of an oral complaint this should be made to the person dealing with the enquiry, who should be asked to make a record of it. This well than be passed to the Clerk who will undertake an investigation.
If an oral complaint is being made about the member dealing with the enquiry, a request should be made to speak to another person, who will make a record of the complaint. If there is no immediately identifiable person this should not be a reason to refuse or delay a complaint.
All written complaints should be addressed to the Clerk.
Timescale
The complaints should be acknowledged within seven working days and recorded in the Commissioners’ Complaints Register
The Commissioners should attempt to send the complainant a substantive response within 14 working days of receiving the complaint. A substantive response is one which conveys the investigating officer’s decision on the complaint.
It will not always be possible to meet this timescale and in such cases the complainant should be advised of the situation within 10 working days, giving an explanation for the delay and an indication of when a substantive response can be expected.
It should be an objective to resolve all complaints within 20 working days.
The timescale of 10-20 working days may be extended for complaints which are referred to and Independent Arbitrator, but the complainant needs to be informed of the extension.
Right of Review
The Commissioners have a mechanism in place for any complainant who is dissatisfied with the decision on their complaint. In such cases a Complainant may take the matter up with the Chair of the Commissioners, the Department of Infrastructure or the Tynwald Commissioner for Administration.
The Commissioners should make their ratepaying public aware of the complaint’s procedure and to whom any complaints should be addressed.
The Department of Infrastructure has power to make inquiries into the manner in which any functions of a local authority are carried out by them, thereby providing a further mechanism for the investigation and resolution of complaints.
Complaints which do not warrant a record being taken: –
- A rate payer may have a concern which can be easily resolved by the Commissioners
- A complaint about a matter outside the remit of the authority
- A complaint where the complainant is not involved in the matter forming the subject of the complaint or has no direct interest therein
- A complaint about a failure of service which is rectified within a reasonable timescale (e.g. failure of water or electric supply)
- A complaint is not a request for a service (e.g. housing repairs) or for information. However, a complaint could arise if the Commissioners failed to act adequately on such a request or to communicate information which had been requested
Complaints must relate to some act or omission by the Commissioners’, not any other outside agency.
If the complaint involves racial, sexual or equal opportunity discrimination then that should be referred immediately to the Clerk.
Most cases it will remain a matter of judgement as to whether a complaint is being made.
During the course of day to day contact with the public there will always be an exchange of views and comments and a common-sense approach must be taken in deciding whether a formal complaint is being made.
The Complaints Procedure exists to ensure a prompt investigation and resolution of genuine complaints and to provide a mechanism for ratepayers or others using services provided by the Commissioners to make known their grievances.
The principal test of the effectiveness of a complaints system is whether it helps to resolve the dissatisfaction of ratepayers about the service they have received or believe they should have received. An efficient system will also highlight any processes which need reviewing or updating thereby improving services.
In cases where the complainant is dissatisfied with the Commissioners’ handling of their complaint, the complainant is entitled to raise the matter further with the Tynwald Commissioner for Administration who can be contacted by e-mail: ombudsman@parliament.org.im or via the Clerk of Tynwald’s Office, Legislative Buildings, Douglas.