Our aims
We want to give people who make a complaint a fair, consistent and clear procedure that resolves any problems in the delivery of our services. We will try where possible to achieve an outcome that is satisfactory for those who make a complaint. We will use the outcome of complaints as a means of monitoring our performance and improving our services.
We also want to have a process that respects and values diversity. We value all of the people who live in and visit the North York Moors National Park. We aim to remove any barriers to our services. As part of this we want to make sure everyone can access the Complaints Policy.
What is a Complaint?
It is important that we recognise the difference between a Service Request and a Complaint. We define these as follows:
Service Request
A request that the Authority provides or improves a service, or provides information about a service, or fixes a problem.
Complaint
An expression of dissatisfaction, however made, about the standard of service, actions or lack of action by the Authority, its own staff, or those acting on its behalf, affecting an individual or group of individuals.
Each of these needs to be dealt with differently, which we will cover in the next two sections.
Making a Service Request
If you have a Service Request, the best way to take this forward is to speak to or email the member of staff dealing with the matter. If you do not know who this is, you can telephone us on 01439 772700, email us at general@northyorkmoors.org.uk or write to us at: North York Moors National Park Authority, The Old Vicarage, Bondgate, Helmsley, York YO62 5BP.
We will acknowledge a Service Request within 5 working days of receiving it, and we will always try and deal with it promptly. Where you raise a concern or matter with us and we think this is a Service Request, we will not deal with it as a Complaint. We will record it as a Service Request and make sure it is monitored and reviewed regularly and dealt with by the relevant department. But, if you are not happy with how we have dealt with the Service Request, you can still then make a Complaint.
Making a Complaint
If you do have a Complaint, you can raise this with us in any of the following ways:
- Email us at general@northyorkmoors.org.uk;
- Complete the online form Complaints form
- Call us on 01439 772700;
- Speak to a Member of the Authority or
- Write us a letter at North York Moors National Park Authority, The Old Vicarage, Bondgate, Helmsley, York YO62 5BP.
If you make a Complaint, we will deal with this in accordance with the Complaints Procedure, as set out in the following two sections.
Our Complaints Procedure - Stage 1
Within five working days of receiving a Complaint, we will acknowledge it and let you know the name and contact details of the person who is dealing with your Complaint. That person will usually be either a Director of the Authority or a Head of Service.
We will aim to provide a full written response to the Complaint within ten working days of acknowledging receipt of it (subject to section 8 below about extending time limits). The response will tell you what we have decided to do and will set out clearly the reasons for this. With the response we will provide details of how, if you are not satisfied with our response, you can escalate the matter to Stage 2 of our Complaints Procedure.
Our Complaints Procedure - Stage 2
If all or part of your Complaint is not resolved to your satisfaction at Stage 1, you can ask for the matter to be escalated to Stage 2. Within five working days of receiving a request to escalate to Stage 2, we will acknowledge the request and let you know the name and contact details of the person who is dealing with it. That person will usually be either the Chief Executive or a Director of the Authority. It will always be a different person from the person who dealt with your Complaint at Stage 1.
We will aim to provide a full written response to an escalation request within twenty working days of acknowledging receipt of it (subject, again, to section 8 below). This response will be the Authority’s final response. In it we will set out the following:
- Our understanding of the Complaint;
- Our decision on the Complaint;
- The reasons for any decisions made;
- The details of any remedy we are offering to put things right (where applicable);
- Details of any outstanding actions;
- Details of how, if you are not satisfied with our response, you can refer the matter to the Local Government and Social Care Ombudsman.
Still not satisfied? - What to do next
If, following our Stage 2 response, all or part of your Complaint is still not resolved to your satisfaction, you can refer the matter to the Local Government and Social Care Ombudsman. The Ombudsman is an external organisation, separate from the Authority, which oversees the performance of local authorities and similar bodies and their response to Complaints.
Extending time limits
If a Complaint is complex or requires a particularly detailed investigation, or there are other valid reasons why we are not able to meet the time limits for a response set out above, we might need to extend those time limits. We will always notify you if we propose to extend the time limits, setting out the reasons for this and the revised date by which we expect to be able to give our full written response.
We will always limit any extension to a reasonable period and will try where possible to agree this with you. If you are not happy with the extension we are proposing and we are unable to agree this with you, you can refer the matter to the Ombudsman.
Special cases
We intend, wherever possible, to deal with Complaints under the Complaints Procedure set out above, but there are some exceptions:
- An appeal against a planning decision;
- A matter about which the person making the Complaint has started legal proceedings against the Authority;
- A matter about which the Authority has started legal proceedings;
- A Complaint that has already been heard by a court or tribunal;
- A Complaint that an individual Member of the Authority has breached our Members’ Code of Conduct;
- A Complaint by a member of our staff about a Human Resources matter (but staff can still, as service users, make a Complaint under the Complaints Procedure about other matters);
- A Complaint by a local authority or other statutory or public body.
We will not deal with these matters under our Complaints Procedure, because there are other processes in place to deal with them. If we receive a Complaint which we believe should not be dealt with under our Complaints Procedure, we will notify the complainant of this when acknowledging the Complaint. At the same time we will set out the reasons for this and will notify the complainant of their right to refer our decision to the Ombudsman.
Accessibility
You may need us to make reasonable adjustments to be able to access our Complaints Procedure. Reasonable adjustments are changes to our work practices, whether temporary or permanent, which aim to avoid disadvantaging someone who has a disability, and to provide extra support where necessary.
Examples of reasonable adjustments may include:
- Allowing more time at each stage of the Procedure, for the person making the Complaint to respond;
- Allowing parties to communicate in writing or verbally if they need to;
- Providing our replies and information in a different format;
- Providing translation services.
If you need us to make reasonable adjustments at any stage to enable you to take your Complaint forward, please let us know.
You can also have a representative act for you to take your Complaint forward.
Unreasonable complainant behaviour
The Authority values all feedback that we receive, and we are committed to dealing with all Complaints fairly and impartially and to making our services as accessible as possible. However, sometimes parties pursue a Complaint in a way that is unreasonable. This can take up significant amounts of our time and resources and hinder us in providing our services.
We will deal with any such behaviour in accordance with our Policy on the management of unreasonable complainant behaviour.
Putting things right
Where something has gone wrong, we will acknowledge this and set out the actions we have already taken, or intend to take, to put things right. These may include:
- Apologising;
- Providing an explanation, assistance or reasons;
- Taking action if there has been a delay;
- Reconsidering or changing a decision;
- Amending a record or adding a correction or addendum;
- Providing a financial remedy;
- Changing policies, procedures or practices.
Which of the above remedies is offered (or any other remedy offered) will depend upon the circumstances of the individual Complaint. We will always try to act reasonably and offer a remedy which reflects the impact on the individual of any fault on our part that is identified. In doing this we will take account of the good practice guides issued by the Local Government and Social Care Ombudsman.
Monitoring our performance on Complaints
We endeavour to learn lessons from the Complaints we receive and use them to improve our performance and services. As well as reporting to each quarterly meeting of the Authority’s Finance, Risk, Audit and Standards Committee the outcome of Complaints determined within the preceding quarter, we will produce an annual report that analyses the Complaints by service area and the type and subject of Complaint. Within that report we will include any actions taken or proposed to be taken to improve our service in the light of Complaints received, and any issues and trends arising.
The Director of Corporate Services will have overall responsibility for the operation of this Complaints Procedure and for overseeing the handling of Complaints.
Some general points about Complaints
The time within which Complaints are to be brought
It will help us in investigating a Complaint if the matter complained of is brought to our attention quickly. We might not be able to accept and investigate a Complaint if it is made more than 12 months after the matter complained of occurred.
Requests for clarification
Sometimes when we receive a Complaint, we may need to ask you to clarify elements of it. We will only do this where we need to, we will set out what we need clarifying, and we will give you a reasonable time to respond.
Help from others
Sometimes the Authority may decide to employ the services of a suitably qualified outside party, either to advise the Authority in its investigation of a Complaint or to handle the investigation.
Complaint about a Director
Any Complaint about a Director will automatically be escalated to Stage 2 and referred to the Chief Executive of the Authority.
Complaint about the Chief Executive
Any Complaint about the Chief Executive will automatically be referred to the Chairman of the Authority. They will arrange for an investigation to take place and following that investigation the Complaint will be referred to the Authority’s Finance, Risk, Audit and Standards Committee. It is likely that, to enable this process to be followed, the time limit for responding to the Complaint will need to be extended as set out in Extending time limits. There will be no internal “Stage 2” for such Complaints. The response to a Complaint about the Chief Executive will be the Authority’s final response, but with the response we will include details of how you can refer the matter to the Local Government and Social Care Ombudsman.
What “written” means
Wherever in this Procedure we refer to things being “written” or “in writing”, this includes email.