THE COMHAIRLE'S COMPLAINTS PROCEDURE

INTRODUCTION

The Comhairle is committed to delivering high quality best value services for the people of the Western Isles; however, even in the best-run organisations things sometimes go wrong. The Comhairle's Complaints Procedure provides a framework through which your grievances or criticisms can be resolved and your views on our services can be taken into account.

There are two types of complaint:

1. An informal or minor issue where you request an improvement in the way a service is delivered and the Comhairle responds to address your request
2. A formal complaint where you have either asked for an improvement and are not satisfied with the Comhairle’s response or wish to register a serious complaint.

You can make a formal complaint at any time.

Please let us know if:

• you think that we have done something wrong
• you think that we have not done something we should have done
• you think that you have been treated unfairly

We would like to know, because:

• if we have been at fault, we would like to put things right and make sure it doesn’t happen again
• if we have not been at fault, we will make sure you get a full explanation

To make a formal complaint, you can do so in person at any of our local offices, by phoning us, by sending us an e-mail or by completing the form on our web site. We will acknowledge your complaint within 3 working days.

WHAT TYPE OF COMPLAINT IS COVERED BY THIS PROCDURE?

This procedure covers formal complaints within the following definition:

“an expression of dissatisfaction, about the Standard of Service received, actions or lack of action by the Council, affecting an individual customer or group of customers following a request for improvement. ”

This Complaints Procedure does not cover:

• explanations of Council Policy
• matters for which there is a right of appeal to for example a school transport decision, to an independent tribunal or other legal remedy
• a complaint about a service that is provided by the Social Work Department. There is a separate Complaints Procedure for that Department. Further information on the Social Work Complaints Procedure are available from:
  
  The Director of Social Work,
  Comhairle nan Eilean Siar,
  Council Offices,
  Sandwick Road,
  Stornoway,
  Isle of Lewis,
  HS1 2BW
  
  Tel: 01851 709331
  e-mail: msmith@cne-siar.gov.uk

WHAT DO I DO IF I AM DISSATISFIED WITH THE SERVICE PROVIDED BY THE COUNCIL?

In the first instance you should see if your complaint can be resolved informally to your satisfaction.

If you are still dissatisfied with the service you have received from the Comhairle you can make a formal complaint under the Comhairle’s Complaints Procedure.

The Head of Strategy (Internal) will be pleased to offer advice to help you pursue your complaint.

WHAT HAPPENS WHEN I MAKE A FORMAL COMPLAINT?

Complaints are usually better resolved if they can be dealt with at the time of the incident and by staff providing the service. The process will be as follows:

1. You can contact the manager of the service about your complaint. For complaints about schools this should be the Headteacher or his/her Depute (where applicable)

Or:

Download and complete the complaints form and return it to the Department providing the service:

Complaints Form

Alternatively you can write a letter of complaint (or an e-mail) giving us all the details. If you are not sure which Department of the Council was responsible for the service you want to complain about, you can address your complaint to:

The Chief Executive,
Comhairle nan Eilean Siar,
Council Offices,
Sandwick Road,
Stornoway,
HS1 2BW

e-mail: m.burr@cne-siar.gov.uk

2. The officer will listen and will take a note of any information that you give.
3. You can submit your complaint in writing and this can be written by you, a friend or relative or another person on your behalf.
4. Your complaint will be recorded and you will be asked to confirm that this record correctly reflects your complaint.

HOW WILL MY COMPLAINT BE DEALT WITH?

1. The Officer dealing with your complaint will acknowledge your complaint within three working days of receipt.
2. A Senior Manager in the Department or the Headteacher of a school will fully investigate your complaint in confidence.
3. During the investigation, further information may be sought from you about the complaint. If this is a face to face meeting you can take along a person of your choice if you want to have someone with you.
4. We will let you know the outcome of your complaint within 21 calendar days starting from the date your complaint is received. You will be invited to discuss the outcome if you so wish. If a decision cannot be given within 21 days you will be informed of the reasons for any delay.
5. We will notify you of the outcome of your complaint through the post by recorded delivery unless you have requested correspondence by e-mail. Details of the appeal process will be included.

WHAT DO I DO IF I AM STILL NOT HAPPY?

1. If you are not satisfied with the decision you can appeal in writing to the Chief Executive within 28 days of the receipt of the decision on your complaint.
2. The Chief Executive will send you an acknowledgement of your appeal within three working days of receipt.
3. The Chief Executive will examine all the previous papers held by the Department on your case and will then investigate your complaint.
4. You will also be given the opportunity to attend a meeting with the Chief Executive (or other Senior Officer within the Chief Executive’s Office) to discuss your complaint, with 14 days of receiving the complaint, or as soon as practicable.
5. The Chief Executive will make his decision in writing to you as soon as it is reasonably practicable, after the meeting.
6. If "reasonably practicable" exceeds 21 days from the date of receiving your complaint, the Chief Executive will write to you explaining the reasons for the delay and indicate when the response is likely to be issued.
7. If you are not satisfied with, the Chief Executive's decision, you may have a right of appeal to a Review Committee composed of Councillors. The Chief Executive will give you information on any such appeal.
8. If you are still not satisfied with the Council's decision you can refer your complaint to the Scottish Public Services Ombudsman. A copy of the Ombudsman’s Complaint Form is available from the Council Offices at Sandwick Road, Stornoway, Tarbert, Balivanich and Castlebay.

Note : All complaints will be investigated and dealt with in strict confidence. However; to enable the Comhairle’s procedure to be adequately monitored and revised, if necessary, some statistical information about complaints received by the Council may be published on an annual basis. No details of individual complaints will be revealed as part of this monitoring process.

WHEN SHOULD I REFER MY COMPLAINT TO THE OMBUDSMAN?

If you are not happy with the outcome of the appeal then you can refer your complaint to the Scottish Public Services Ombudsman. The Scottish Public Services Ombudsman Act 2002 confers the right to make a complaint to the Ombudsman.

You may wish to contact:

The Ombudsman can consider complaints about poor service; failure to provide a service; administrative failure but will expect you to have taken up your complaint with the Comhairle first before they will look at your complaint. Generally, you have to send your complaint to the Ombudsman within a year of the event that related to your complaint or from when you found out about the matter. They can sometimes extend the time limit, but only if there are special reasons.