The Council skips one stage of its complaint procedure

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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 concerning a planning issue. 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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Why are you complaining about the process?

If you have had a response at stage 3, which presumably you are not happy about, then what makes you think that any stage 2 decision would have been more favourable?

Your next stage is the ombudsman.

You can't use the complaints procedure nor the ombudsman to complain about a planning issue though.
 
Because there are different persons who deal with stage 2 and 3 who can have different opinions

Concerning the Ombudsman it is the Council in its decision under stage 3 who told me that I can complain to the Ombudsman about this planning issue
 
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