What is not covered by the complaints process?
Each complaint will be treated on its own merits, however, certain complaints cannot be dealt with under the complaints policy:
- Matters for which there is a statutory right of appeal, for example, the appeal of a penalty charge notice, an ongoing Housing Review decision, or a Planning decision.
- A missed bin collection, unless it is persistent
- Appeal of a Vehicle Crossover (dropped kerb) application
- Complaints relating to matters outside of the Council’s jurisdiction
- Complaints under the Data Protection and Freedom of Information Act
- Complaints where legal proceedings, court or tribunal action is being taken (although related issues that are not subject to legal proceedings may be considered)
- Employee complaints about terms and conditions of employment
- Matters which are subject to an insurance claim
- Anonymous complaints (these will be investigated if enough information is provided, but no response can be issued)
- Complaints about Council or national policy (see below)
- An abusive, vexatious or persistent complaint
Complaints about Council Policy
The Council has a range of policies which are approved by Councillors through the Council’s decision-making processes. Where it is deemed that a complaint relates to approved policy it will not be investigated through the complaints process, however a response will still be provided explaining why this is the case and how the Council’s actions follow the approved policy.
The Council will investigate complaints that allege that relevant Council policy has not been complied with or alleging the policy does not comply with relevant legislation. The Council will also investigate complaints where it is alleged that actions have been taken in the absence of a policy.
The Council has a statutory duty to implement and act in accordance with Government legislation. Therefore, the Council is unable to investigate complaints based upon the content or mandated delivery of national policies, but a response will be provided explaining why this is the case.