Code section 2- Exclusions
Compliant
Yes.
Evidence
Our complaints policy sets out circumstances where we would not consider a complaint. These are reasonable and do not deny individuals access to redress.
Explanations and commentary
3.5 Complaints that fall outside of the Council’s complaint process Certain types of complaint will not be dealt with through the Council’s complaints procedure because there are other processes more suitable for dealing with them, or because they are outside the Council’s control. This includes, not exclusively:
- first time requests for services such as reporting faults (e.g. a faulty street light)
- services for which there are alternative statutory appeal or tribunal processes, including: Parking appeals, Special Educational Needs 5 Tribunals, Housing Benefit appeals, Appeals against the refusal of planning permission, Appeals against statutory Notices, School admission or exclusion appeals
- a complaint that has already been considered by the Council and completed both stages of the corporate complaints procedure
- complaints from staff about personnel matters, including appointments, dismissals, pay, pensions, and disciplinary action
- complaints about a registered housing provider
- complaints against an elected Councillor
- requests for information (these are dealt with under separate procedures: the Freedom of Information Act – and Subject Access Requests)
- complaints about the merits of an insurance claim or matters that would be more appropriately considered by an insurer
- matters of law or policy
- complaints where the customer or the Council has started (not threatened) legal proceedings
- complaints under statutory obligations
- complaints that have already been decided by a court or independent tribunal
- complaints that are simply criticisms or disagreement with Council policy or decisions
- schools (including academies) and colleges
- complaints that are submitted anonymously (although we may still investigate the issue)
- where the Council has no power or duty to provide service If there is any doubt about whether the complaint should be accepted, the customer should be advised to submit the complaint to the Council for consideration. If the Council receives a complaint and decides not to accept it on the above grounds, the customer should be told why and, where possible, an alternative route should be suggested.
3.6 Time Limits We will not normally consider a complaint that is made more than 6 months after the individual first became aware of the issue they want to complain about, as it is far easier to find out what happened and to put things right if complaints are received at the time. However, if there are exceptional circumstances (illness, changes in personal circumstances) provided by the complainant for the delay in submitting the complaint, the Council may make a discretionary decision to consider the complaint providing the circumstances are evidenced. If the Council receives a complaint and decides to not to accept it on the above grounds the customer should be told why.