Item 13.5
- Attachment 2 |
Current
Customers Compliments And Complaints Policy |
Background:
This policy relates to the
capturing, handling, and resolution of Compliments and Complaints at
Parramatta City Council, including their capture,
handling, resolution and reporting.
Objective:
To
bring alive Councils values of community focus and customer service, and
improving our results, by To providinge
the community with a method of making compliments and complaints, whichthat
is consistent, transparent and accountable, and . Also, to provideproviding
Council with the means to identify areas which need improvement..
Scope:
This policy applies across
all areas of Council
Relationship to Legislation:
Whilst not relating to
legislation, this policy is based on the guidelines set out by the NSW
Ombudsman in The Complaint Handlers Tool Kit, May 2000.
Related Strategies, Plans or
Policies:
This Policy is related to the
Compliments and Complaints
Handling Procedures , Human Resources Policy 4 Working
with Children Policy and the Code of Conduct
Authorisation:
This policy was adopted by
Council on
This policy is scheduled for
review in July, 2006
Review:
This policy is scheduled for
review in July, 2006
Version:
1
Owner:
The Service Audit and Review Unit is responsible
for the management of this policy.
Policy
Number 216
POLICY
CONTENT
1. Aim
.....3
2. Definitions
...
3
2.1. What is a compliment?..............................................................................................3
2.2. What is a complaint?.................................................................................................3
2.3. What is not a complaint?...........................................................................................3
2.4. What is a
Complainant?............................................................................................3
2.5. What is
transparency? ..............................................................................................3
2.6. What is
natural justice?..............................................................................................3
2.7. What is
maladministration?.........................................................................................4
3. Our Commitment
..
.
.
.4
3.1. What are Councils Commitments?............................................................................4
4. Compliments
..
..
..4
4.1. Why are Compliments
valuable
..
.4
4.2. How will Compliments be
handled
..4
5. Complaints
5.1. Why are Complaints
valuable
4
6. Handling Compliments and Complaints
4
6.1. How will Complaints
be treated?.................................................................................4
6.2. How do
we receive compliments and complaints? .....................................................5
6.3. What are
our deadlines? ............................................................................................5
6.4. What
will be done with your information? ...................................................................5
6.5. Complaints of a Personal Nature
....6
6.6. Complainants
who are abusive or unreasonable
..
6
6.7. Anonymous
complaints
...
..
6
6.8. Complaints
constituting a breach of law
.....
6
6.9. Complaints
against staff working with children
.
7
6.10. Corruption,
maladministration, serious and substantial wastage
..
7
6.11. Complaints
that Council will not act on
..7
6.12. Cultural Diversity and Special Circumstances
..
...7
6.13. Exploration
of Options and Consequences
.
.....7
6.14. How will we handle
complaints? .................................................................................7
6.15. Your rights to appeal
.7
1. AimAim:
Parramatta City Council seeks to measure and monitor its service to
provide members of the communitycitizens
with the highest possible service and commitment.
2. Definitions
A compliment
is an expression of praise or regard for service received or
performance givenservice or conduct received..
A complaint is
an expression of dissatisfaction with a decision (outside of
a structured process), level or quality of service, or behaviour of an employee, Councillor or agent, which can be
investigated and acted upon.
A complaint is an expression of
dissatisfaction with a decision, level or quality of service, failure to adhere
to a policy or procedure, or behaviour of an employee, Councillor or agent,
which can be investigated and acted upon.
2.3.1. A request for service (unless there was no
response to a first request for service)
2.3.2. A request for information or an explanation of
a policy or procedure.
2.3.3. Disagreement with a policy or lawfully made
decision.
2.3.4. An appeal against a decision, other than that
made as the result of a complaint.
2.3.5. An objection to a development
application
2.3.6. A disagreement made with the
decision made on a development application.
2.4. What is a Complainant
A complainant is any person
wishing to provide feedback to Council which expresses dissatisfaction with a
decision, level or quality of service, failure to adhere to a policy or
procedure, or behaviour of an employee, Councillor or agent, which can be
investigated and acted upon
Transparency
means that the process used to handle and resolve complaints is fair and is
seen to be fair. This principle refers to the way in which policies and
procedures are made clear, visible and comprehensible to all those using them.
Nothing should occur that could not easily be explained to any party to a
complaint. Whether making a complaint, being complained about, or witness to an
investigation, everyone should understand how information will be used; the
role of all those involved in handling the complaint or playing any part in the
process, and their own rights and responsibilities.
We seek to be
transparent in the decision making process. It means that
resolutions or other decisions should always be accompanied by an explanation
of the process used to make the decision and the reason why the decision was
reached.
2.6. What is Natural Justice
The following natural
justice principles have been identified by the Human Rights
and Equal Opportunity Commission and are required to be addressed and
implemented by Council:
2.6.1. Who ever is the subject of concern must know
all the allegations in relation to their behaviour;
2.6.2. All parties to the complaint must have the
right to be heard;
2.6.3. All relevant submissions and evidence must
be considered;
2.6.4. Matters which are not relevant must not be
taken into account;
2.6.5. The person who makes the complaint must not
determine the matter;
2.6.6. The decision-maker must be
fair and just. [l1]
Further to
this, we will address and implement
the following principle:
2.6.7. All parties involved have the
right to seek review of the complaint determination
2.6.8. The person who is the subject
of the complaint must not determine the matter.
2.7. What is Maladministration
The Protected Disclosures Act 1994 defines
maladministration as conduct of a kind involves action or inaction
of a serious nature that is:
2.7.1. contrary to law, or
2.7.2. unreasonable, unjust, oppressive or
improperly discriminatory
2.7.3. based wholly or partly on
improper motives
Further detailed guidance in relation to
maladministration is provided in the Protected Disclosures
Act 1994.
3. Our Commitments
· Providing
an accessible compliment/complaints system,
· Listening
to what the citizen has to say,
· Seeking
to understand what the citizen wants,
· Respecting
the customers integrity,
· Giving
an explanation,
· Considering
all aspects of the complaint including possible solutions and the impact of the
solutions on other members of the community,
· Taking
action, if required, within a reasonable time, and keep the complainant
informed.
4. Compliments
0.
0.0.
Why are complaints valuable?
Complaints
give Council an opportunity to identify
and resolve issues of concern to members of the community. Complaints may bring
to the Council's attention issues regarding:
0.0.0.an
administrative decision making process or procedure;
0.0.0.the conduct
of a member of Council staff;
0.0.0.the conduct
of another resident in a matter before Council;
0.0.0.the
delivery of Council services;
0.0.0.timeliness
to take appropriate action on a request;
0.0.0.facilities
and resources available; and
0.0.0.discrimination
and/or harassment of a complainant or group of complainants on the basis of
their age, gender, race, country of origin, sexuality, marital status,
pregnancy, disability, transgender, medical record, religion, criminal record,
political belief or union activity.
Compliments
give us an opportunity to identify services and areas of best practice by staff, and
incorporate those practices and standards in other areas of Council.
Compliments
will be registered in Councils Customer Relationship Management System, and
actioned to the appropriate area manager.
Compliments will be reported to the General Management Team on a regular
basis, to ensure that staff are recognised and examples of best
practice identified and acknowledged.
·Providing an accessible compliment/complaints
system,
·Listening to what the citizen has to say,
·Seeking to understand what the citizen wants,
·Respecting the citizen's integrity,
·Giving an explanation,
·Considering all aspects of the complaint including
possible solutions and the impact of the solutions on other members of the
community,
·Taking action, if required, within a reasonable
time, and keep the complainant informed.
5.1. Why are
complaints valuable?
Complaints give us an
opportunity to identify and resolve issues of concern to members of the
community. Complaints may bring to the our attention issues regarding:
5.1.1. an administrative decision making process or
procedure;
5.1.2. the conduct of a member of Council staff, a
Councillor, or an agent of Council;;
5.1.3. the conduct of another resident in a matter
before Council;
5.1.4. the delivery of Council services;
5.1.5. timeliness to take appropriate action on a
request;
5.1.6. facilities and resources available; and
5.1.7. discrimination and/or harassment of a
complainant or group of complainants on the basis of their age, gender, race,
country of origin, sexuality, marital status, pregnancy, disability,
transgender, medical record, religion, criminal record, political belief or
union activity.
Complaints provide us a
valuable feedback mechanism, and are welcomed as an opportunity for us to
improve its services and performance.
Complaints
will be treated Confidentialconfidentialitly will be
given to complaints according to the principles in the Privacy and Personal Information Protection
Act (NSW) 1998. [l2]
Wherever possible complaints will beare
resolved and reviewed locally and have the fewest people necessary involved.
Complaints are treated confidentially and information is only used for the
purposes for which it was collected unless;
6.1.1. either the consent of the individual(s) is
obtained, or
6.1.2. WeCouncil
hasve
reasonable grounds for believing the use of the information will
reduce a threat to the life or health of any person, or
6.1.3. tThe
use is authorised or compelled by law.;
6.2.1. internet - the complaint will be registered and directed
to the appropriate person;
6.2.2. mail Sent to Records,
will be registered and directed to the appropriate person;
6.2.3. email - The Council
officer in receipt will be responsible for registering the complaint compliment
and actioning it to the appropriate person;
6.2.4. in person,
by using the Counter Compliment and Complaint Form which will then be registered
and directed to the appropriate person, or,
6.2.5. via
telephone, by calling customer service on 9806 5050.
Where possible, an
interpreter will be made available to assist with verbal complaints and completion
of forms.
·internet,
where the complaint will be registered and directed to the appropriate person,
mail,
through Customer Service, will be registered and
directed to the appropriate person, in person, by using the Counter Compliment
and Complaint Form (Appendix A) which will then be registered and directed to
the appropriate person
An
interpreter will be made available, if possible, to assist
with verbal complaints and filling out forms. Complaints shall always be
directed personally, rather about an issue that needs investigating.[l3]
Complaints
are handled in a timely manner with achievable deadlines clearly stated for
each stage in the resolution of a complaint.
In
order to comply with the recommendation ofby
the Ombudsman Council's performance standard for responding to a complaint is
that it will be acknowledged within 10 working days, and resolvedanswered
in approximately 28 days. Where a
complaint is complex, technical or requires additional time to search for the
required information, we will negotiate with the citizen to review the
timeframe for the response.
The time taken
to resolve a complaint is one of the measures of the success of ourCouncil's
ability to effectively resolve complaints. Perceived unnecessary delay is
usually the single biggest complaint made about the complaints process.
Where a complaint is not
clearly identified as a complaint, meeting these deadlines may not be
possible. Where a complaint is misdirected
due to poor identification, these deadlines shall apply from the date that the
relevant Council officer becomes aware of the complaint. The complainant will be made aware of this
delay.
To ensure that complaints are
directed correctly, written complaints should be clearly and immediately
identified as such.
Your
personal information will be used by Council Officers in relation to
investigating and handling your compliment / complaint. If you take your complaint to the
Ombudsman, we will share any
relevant information relating to your complaint with the Ombudsman.
Information
you provide in relation to Compliments will be used to recognise good
service by staff and identify best practice within
Council.
Statistical
information will be used to identify areas/services/procedures that need review
or that may need additional resources to provide the required level of service
to our Customers. In the case of compliments about our service
or our staff, we will use that information to reward our staff, through the
celebrating Success initiative as well as identify what works well so that we
may use those principles in other areas.
Statistical
information will be reported to Managers monthly and to the General Manager every three
monthsquarterly. A report will also be presented to Council every three
monthsquarterly. The report will consist of
the number of complaints/compliments compliments
/ complaints received in service areas, the number of complaints
attended to and the number of complaints outstanding. Where it is requested, statistical
information may be more detailed.
6.5. Complaints of a Personal Nature
Complaints
of a personal nature will be handled differently than
Complaints against a service level or decision.
To ensure confidentiality and compliance with relevant legislation, complaints
of a personal nature will NOT be entered into our
service request system, rather, they are to be stored in the appropriate
confidential TRIM folders.
The
Privacy and Personal Information Protection Act 1998 (PPIPA) defines personal
information as:
information or an opinion (including information or an opinion forming
part of a database and whether or not recorded in a material form) about an
individual whose identity is apparent or can reasonably be ascertained from the
information or opinion.
A
personal complaint will be taken to mean any complaint by an individual
against another individual that includes such personal information about
either party. This includes:
6.5.1. A
complaint against a member of Council staff
6.5.2. A
complaint made against a Councillor
6.5.3. A
complaint against a member of the public, where the identity of either party
(the complainant or the person who is the subject of
the complaint) can be ascertained from information
available. (Complaints about members of
the public will be stored in our Service Request System and
handled to ensure confidentiality)
Where
possible, complaints of a personal nature will be handled in such a manner to
protect the Privacy of both the person who is the subject of
the complaint and the complainant.
In any interaction with members of the community
where personal abuse or vulgar language is used, the communication may be
terminated immediately by the employee. If face to face, the employee should
walk away. If on a telephone, the
employee will terminate the call. If in email, it may be blocked. If in correspondence, it will be returned to
the sender and not acted upon. Before doing so, an employee will advise the
complainant that they are terminating communication, and will not discuss the
matter further.
We identify three main
types of unreasonable complainant:
6.6.1. Those that become physically or verbally
aggressive. The safety of employees and other members of the community is
paramount.
6.6.2. Those that make substantial and
unreasonable demands on the workload and resources of Council.
6.6.3. Vexatious complainants whose aim is to
annoy and irritate.
In the case of an
unreasonable complaint or complainant, the complaint will be recorded but no further
action will be taken. The General
Manager may approve and sign correspondence notifying the complainant that
Council has implemented the full review process in relation to their complaint,
and will not review the process further. The General Manager will
confer with th4e Lord Mayor in such circumstances. This step will only be taken as a last
resort, where all other avenues of resolution have failed.
If the employee feels threatened by the language or
behaviour of the complainant, the police shall be notified.
6.7. Anonymous Complaints
In line with the Ombudsmans own
practices, anonymous complaints will only be acted upon where the matter is
relatively serious, and there is sufficient information in the complaint to
enable an investigation to be conducted.
6.8. Complaints Constituting a Breach of Law
Where a complaint indicates
that a crime has been committed, we will
report this information to the relevant law enforcement body, subject to the
approval of the General Manager.
6.9. Complaints Against Staff Working with Children
Complaints
against staff working directly with Children will be handled in accordance with
the relevant legislation. For further
information see Human Resources Policy 4 Working With Children. For a copy contact Council on 9806 5000.
6.10. Corruption,
maladministration, serious and substantial wastage
We
are committed to maintaining high ethical standards.
Therefore it is everyones responsibility to not only act honestly but to
report any instances of possible corruption, maladministration or serious and
substantial wastage. Anyone who acts in an unethical manner can not only damage
the reputation of the Council but also its Councillors and employees.
You
can report suspected instances in accordance with this policy. You can also
report suspected corruption to the Independent Commission Against Corruption (02 8281 5999), suspected
maladministration to the Ombudsman (9286 1000) and suspected serious and
substantial wastage to the Director General of the Department of Local
Government (
We will not
act on a complaint if in doing so it
would:
1. Be against our legal duties
as an employer,
2. Be an
unreasonable invasion of a persons privacy, according to Privacy and Personal Information Protection Act 1998.
3. Be
excessively wasteful of Councils resources. We have a duty to
spend community funds in an efficient and effective manner,
4. Encourage
or allow unethical behaviour.
The statistical information
will be used to identify areas/services/procedures that need review or that may
need additional resources to provide the required level of service to our
citizens. In the case of compliments
about our service or our staff, we will use that information to reward our
staff, through the celebrating Success initiative as well as identify what
works well so that we may use those principles in other areas.
Transparency
means that the process used to handle and resolve complaints is fair and is
seen to be fair. This principle refers to the way in which policies and
procedures are made clear, visible and comprehensible to all those using them.
Nothing should occur that could not easily be explained to any party to a
complaint. Whether making a complaint, being complained about, or witness to an
investigation, everyone should understand how information will be used; the
role of all those involved in handling the complaint or playing any part in the
process, and their own rights and responsibilities.
Council seeks to deliver transparency in the
decision making process. It means that resolutions or other decisions should
always be accompanied by an explanation of the process used to make the
decision and the reason why the decision was reached.
What is
Natural Justice?
The following principles have
been identified by the Human Rights and Equal Opportunity Commission and are required
to be addressed and implemented by Council:
·Who ever is
the subject of concern must know all the allegations in relation to their
behaviour;
·All parties
to the complaint must have the right to be heard;
·All
relevant submissions and evidence must be considered;
·Matters
which are not relevant must not be taken into account;
·The person
who makes the complaint must not determine the matter;
·The
decision-maker must be fair and just. [l4]
6.12. CCultural
diversity and special circumstances
Any bBarriers
which deter or prevent complainants from accessing the complaints system willshould
be identified and we will steps take stepsn
to make access possible, including the need for interpreters or illiteracy.
.
We are committed to dealingAll
compliments and complaints will be dealt with sensitivity and thoroughness with
complaints with thoroughness and sensitivity to the
diversity of the community. This
diversity includes, including country of origin, gender,
Indigenous Australian complaints, religion, sexuality and disabilities.
6.13. Exploration
of options and consequences
Unintended consequences will
be avoided by exploring all of the options available
with the complainant.
6.14. How will we handle complaints?
Our policy to handle complaints and for
compliments and complaints will be to use a set
of procedures which contain the following elements:
6.14.1. It is a
user-friendly system for accepting citizen feedback.
6.14.2. Clear
delegations and procedures for staff to deal with complaints and provide
remedies.
6.14.3. Staff
must follow clear referral steps if the matter cannot be resolved by the
initial review.
6.14.4. A
procedure and forms for recording, monitoring and providing feedback to the
complaint.
6.14.5. Performance
standards are in place for response times and the quality of Council's
response.
6.14.6. Methods for
dealing with different types of complaints and complainants.
6.14.7. Council's Service request Citizen
Action Tracking ssystem (known as
Customer Relationship Management) and records management system
logs,
record and tracks complaints, the outcomes and feedback.
6.15. Your Rights to Appeal
Should
the complainant be unsatisfied with the handling or determination of a
complaint, they may request that an internal review of the complaint be
conducted. Should they continue to be
unhappy with the handling or determination of the complaint, the complainant
may take the matter to the Ombudsman. The Ombudsman can be contacted in
Exploration
of options and consequences
It is our policy to explore
all of the options available with the complainant
to avoid one the most common, and most easily preventable, complaint handling
problems - unintended consequences.
Any interaction with members
of the community where personal abuse or vulgar language is used, the
communication may be terminated immediately by the employee. If face to face,
the employee should walk away. If on a
telephone, the employee will terminate the call. If in email, it may be blocked. If in correspondence, it will be returned to
the sender and not acted upon.
In the case of a vexation complaint, that is, a
complaint without substance, it will be recorded in the Complaints
and Compliments System but no further action will be taken.
If the
employee feels threatened by the language or behaviour of the complainant, the
police shall be notified.
Corruption,
maladministration, serious and substantial wastage
Our
Council is committed to maintaining high ethical standards. Therefore it is
everyones responsibility to not only act honestly but to report any instances
of possible corruption, maladministration or serious and substantial wastage.
Anyone who acts in an unethical manner can not only damage the reputation of
the Council but also its Councillors and employees.
You can report suspected
instances in accordance with this policy. You can also report suspected
corruption to the Independent Commission Against Corruption (9318 5999) and
suspected maladministration to the Ombudsman (9286 1000).
[l1]Need to add in the right to appeal.
[l2]Can we really promise this, especially when we go on to make vague reference to natural justice does the accused have the right to know ALL of the details regarding the complaint? Is mention of PPIPA sufficient to cover potential disclosures?
[l3]Remove?
[l4]Need to add in the right to appeal.
[l5]Some mention of the records keeping process for anonymous complaints, Do we need to keep them in their own folder How do we deal with complaints against individuals that should have confidentiality maintained.
[l6]Do we need some mention of what we do with complaints regarding a breach of an enforceable law that is, do we direct the complaint to the appropriate law enforcement authorites?