2022 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 a citizen 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 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).
Complaints regarding improper treatment may include:
- inappropriate behavior with regard to manners and decorum;
- failure to respond to correspondence (in a timely manner);
- failure to provide the 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: one disagrees with (the content of) a decision;
- policy: decisions made by the executive board or the council regarding how to carry out public duties.
The complaints procedure cannot be used if:
- the complaint has already been addressed in accordance with the complaint procedure; or
- the complaint concerns an incident that occurred more than one year ago.
A complaint is filed with the administrative body against which the complaint is directed.
Initially, we will attempt to resolve the complaint through informal channels. Often, a meeting with the complaints coordinator or the employee or manager involved is sufficient.
Sometimes, it proves impossible to resolve a complaint informally. In such cases, the complaint undergoes internal handling based on 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. The complaint handler then drafts a letter of disposition, informing the complainant of the findings and conclusion.
If desired, a complainant who is not satisfied with the resolution may submit the complaint to the Municipal Ombudsman; this is the external complaint resolution process.
2 Internal Complaint Handling
The majority of the work performed by the complaints coordinator in 2022 involved speaking with complainants (by phone), coordinating and aligning the handling of complaints, mediating (and resolving) issues in both formal and informal complaint-handling processes, consulting with other complaints coordinators, and communicating and corresponding with the ombudsman. The complaints coordinator is not authorized to resolve complaints, but serves as the point of contact for complaint handlers regarding questions about the resolution of a complaint. Complaints are preferably resolved informally.
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 will be provided so that you can get an idea of what the complaints pertain to.
In 2022, six complaints were received.
Internal Complaint Handling
- The complaint
Failure to respond (in a timely manner) to questions about a traffic situation.
Resolution
Formal complaint resolution: the complaint was upheld. A response or reply should have been provided earlier. - The complaint
Failure to respond (in a timely manner) to a report of a potentially dangerous traffic situation.
Resolution
Formal complaint resolution: the complaint was upheld. There should have been earlier communication regarding the report and the follow-up process. - The complaint
No or insufficient response to questions regarding the tree-cutting permit procedure.
Resolution
Handled informally: an explanation was provided regarding the Requirements granting or denying tree-cutting permits. - The complaint
Method of communication regarding an application for an event permit.
Method of resolution
Handled informally: an explanation was provided regarding the procedure. - The complaint
Method of communication regarding questions about a parking situation.
Method of resolution
Informal resolution: an explanation was provided regarding the communication, and a commitment was made to provide a substantive written response. - The complaint
Failure to respond to a query regarding improper land use.
Outcome
Formal resolution: the complaint was upheld. A response should have been provided earlier.
Complaints received over the past four reporting years
| Fiscal year | Number of complaints |
|---|---|
| 2018 | 4 |
| 2019 | 4 |
| 2020 | 4 |
| 2021 | 4 |
| 2022 | 6 |
3 External Complaint Handling
2023 Annual Report
Annual Report of the Municipal Ombudsman
If a complainant disagrees with the handling of a 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.
Complaints are first handled internally before someone can submit a complaint to the ombudsman. The Municipal Ombudsman is obliged to report on the activities for the year 2022.
The Municipal Ombudsman’s annual report indicates that three reports were filed with the Municipal Ombudsman. She referred these individuals to the municipality for the internal complaints procedure. Two individuals subsequently contacted the complaints coordinator; these reports were not recorded as complaints and were resolved satisfactorily outside the complaints procedure.
Furthermore, the internal complaint-handling process in 2022 did not result in any complaints being referred to the Municipal Ombudsman.
Recommendations from the Municipal Ombudsman
The 2022 Annual Report of the Municipal Ombudsman includes three recommendations:
In communications, actively inform citizens about the internal complaint procedure and explain to them that the ombudsman will only consider complaints once they have been addressed internally.
The municipal website contains detailed information on how to file a complaint and the procedure involved. This information makes it clear that the internal procedure must be followed first, and only then does the ombudsman become involved.
Regularly remind employees and directors of the due diligence requirements, the complaints procedure, and the role of the complaints coordinator.
Information is regularly shared through internal communication channels.
Ensure that employees and executives are made aware of the aggression protocols on an annual basis.
West Maas en Waal has an aggression protocol. Furthermore, an Aggression Intervention Team has been in place since October 2022. The team consists of 6 employees who can be called upon if, for example, employees feel unsafe during a conversation with a resident.
4 Conclusion and Lessons Learned
It can be concluded that, on average, the number of complaints filed each year is low. In recent years, the number of complaints has remained roughly the same, at 4 complaints per year.
It is not possible to draw a general conclusion about the substance of the complaints.
In previous years, the majority of complaints have been resolved through the informal procedure. Experience has shown that this is the most effective way to handle a complaint.
In 2022, three complaints were resolved informally. A discussion with the complainant proved sufficient to resolve the complaint. In three cases, the formal internal complaint procedure was followed.
In recent years, it has become apparent that this has not led to further proceedings before the Municipal Ombudsman. The manner in which the matter was handled appears to be satisfactory and does not give the complainant any reason to also submit the complaint to the Municipal Ombudsman.
Given the relatively low number of complaints, contact between citizens and employees of the municipality of West Maas en Waal is generally good.
All complaints in 2022 can be traced back to the issue of communication. It remains important that employees pay attention to their attitude and behavior toward residents and that agreements are honored. An appropriate response to feedback from citizens and clear communication can prevent the need to follow a formal written complaint procedure. Good communication between citizens and employees often prevents the need for a formal procedure. Providing citizens with complete and timely information remains essential.
Finally, the complaints coordinator would like to take this opportunity to thank the complaints handlers, the ombudsman, and the parties involved for their dedication and solution-oriented approach. As a result, in most cases, complaints do not need to be formalized.
Beneden-Leeuwen, May 3, 2023.
The complaint coordinator municipality West Maas en Waal
E. (Esther) Bakker