2020 Annual Report on Internal Complaint Handling
Introduction
The municipality of West Maas en Waal makes every effort to ensure its services run as smoothly as possible. In most cases, these services are provided satisfactorily. Sometimes, however, things go differently, and someone files a complaint. After all, it is human work, and mistakes can be made.
The challenge is to minimize these errors, learn from these complaints, and adjust our services accordingly if necessary.
1. Legal Framework for the Right to File a Complaint
Anyone may file a complaint regarding the manner in which an administrative body or an employee has behaved toward them or another person in a particular matter. This is provided for in Section 9 of the General Administrative Law Act (Awb).
Examples of complaints regarding improper treatment include:
- improper treatment in terms of manners and decorum;
- failure to respond to correspondence (in a timely manner);
- failure to provide requested information;
- failure to fulfill commitments made.
The right to file a complaint does not apply to:
- reports: reports regarding undesirable situations in public spaces (e.g., broken streetlights, loose sidewalk tiles, or uncollected trash);
- objections and appeals: when someone disagrees with (the content of) a decision;
- policy: decisions by the municipal executive or the city council to carry out public duties in a specific manner.
The complaints procedure cannot be used if:
- the complaint has already been addressed under the complaints policy; or
- the complaint concerns an incident that occurred more than one year ago.
A complaint is submitted to the administrative body against which it is directed. Initially, an attempt is made to resolve the complaint informally. Often, a conversation with the complaint coordinator or the involved employee or administrator is sufficient.
Sometimes, it proves impossible to resolve a complaint informally. In such cases, the complaint undergoes internal handling in accordance with the Regulation on Internal and External Complaint Handling of the municipality of West Maas en Waal. The complainant and the party against whom the complaint is directed are heard by the complaint handler.
Finally, a letter of disposition is issued.
If desired, a complainant, if not satisfied with the resolution, can submit the complaint to the Municipal Ombudsman; this is the external complaint handling process.
2. Complaints
All complaints are treated confidentially. As a result, no names may be mentioned in an annual report, nor may any other information be published that could be traced back to the complainants. However, a brief description of the complaints is provided so that you can get an idea of what they pertain to.
In 2020, four complaints were received.
Internal Complaint Handling
- The complaint:
The municipality’s communication regarding tree maintenance or removal.
Resolution:
Informal complaint resolution: Resolved to the complainant’s satisfaction. - The complaint:
The municipality’s response to the improper use of a parking space by third parties.
Resolution:
Informal complaint resolution: Resolved to the complainant’s satisfaction. - The complaint:
Failure by the municipality to honor agreements regarding work on the park.
Resolution:
Informal complaint resolution; Resolved to the complainant’s satisfaction. - The complaint:
Action taken by enforcement officer regarding a possible violation.
Resolution:
Informal complaint resolution; resolved to the complainant’s satisfaction.
External complaint handling
If the complainant disagrees with the handling of the complaint, there is the option to submit the complaint to an ombudsman facility. Every municipality is obliged to establish an ombudsman facility (Article 9:18 of the General Administrative Law Act and Article 81p of the Municipalities Act). The municipality of West Maas en Waal has a local ombudsman, Ms. M.J. van Dasselaar, and a deputy ombudsman, Ms. S. Stokman - Prins.
Please note that complaints must first be addressed internally before anyone can file a complaint with the ombudsman. The ombudsman is required to report on his activities for the year 2020. You can read this report in a separate annual report, which is being provided to you at the same time.
The internal complaint handling in 2020 did not result in any complaints being submitted to the Municipal Ombudsman.
Complaints received over the past four reporting years:
| Fiscal year | Number of complaints |
|---|---|
| 2016 | 6 |
| 2017 | 3 |
| 2018 | 4 |
| 2019 | 4 |
3. Conclusion and Lessons Learned
It can be concluded that the annual number of complaints filed is low.
In recent years, the number of complaints has remained roughly the same—3 to 4 complaints per year—with a spike in 2016 to 6 complaints.
In previous years, the majority of complaints were resolved through informal procedures. In 2020 as well, the complaints received were handled informally. A conversation with the complainant and an apology are often
sufficient to resolve the complaint.
Providing citizens with comprehensive and timely information remains essential. After all, most complaints can be traced back to the issue of communication. It remains important that everyone be mindful of their attitude and behavior toward residents and that commitments be honored.
An appropriate response to feedback from the public and clear communication can prevent the need to follow a formal written complaint procedure.
Good communication between citizens and staff often prevents the need for formal proceedings. This must be done in a timely manner, and citizens must be provided with clear and complete information.