2023 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 Complaints
The majority of the work performed by the complaints coordinator in 2023 involved speaking with complainants (by phone), coordinating and aligning the handling of complaints, mediating (and resolving) 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 is provided so that you can get an idea of what they pertain to.
In 2023, four complaints were received and processed.
Additionally, 2 complaints were received and forwarded for handling to another administrative body because the executive board of West Maas en Waal was not authorized to process these complaints.
Internal Complaint Handling
- The complaint
Complaint regarding failure to answer questions about opportunities for citizen participation.
Resolution
Handled informally. - The complaint
Complaint regarding failure to respond to a callback request.
Resolution
Handled informally. - The complaint
Complaint regarding municipal action in response to a reported parking violation.
Resolution
Resolved informally. - The complaint
Complaint regarding an employee’s communication style.
Resolution
Handled informally.
Complaints received over the past four reporting years
| Fiscal year | Number of complaints |
|---|---|
| 2019 | 4 |
| 2020 | 4 |
| 2021 | 4 |
| 2022 | 6 |
| 2023 | 4 |
3 External Complaint Handling
2023 Annual Report
Annual Report of the Municipal Ombudsman
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.
Complaints are first handled internally before someone can submit a complaint to the ombudsman. The Municipal Ombudsman is obliged to report on their activities for the year 2023.
The annual report indicates that four reports were filed with the Municipal Ombudsman. She referred these individuals to the municipality for the internal complaints procedure. Of these reports, one was recorded as a complaint and resolved through informal channels. The remaining reports were not recorded as complaints and were resolved satisfactorily outside the formal complaints procedure.
Furthermore, the internal complaint-handling process in 2023 did not result in any complaints being referred to the Municipal Ombudsman.
Recommendations from the Municipal Ombudsman
The 2023 Annual Report of the Municipal Ombudsman includes four recommendations:
The government must strive to establish strong ties with residents, for example by facilitating citizen participation. It is recommended that employees be actively made aware of their role as government implementers and that they be supported and facilitated in this regard.
Within the municipality of West Maas en Waal, a citizen participation advisor is employed, and various projects and initiatives are being developed.
To communicate clearly and unambiguously in complex cases involving youth services, the Social Support Act (Wmo), and the Participation Act, and to actively ensure that citizens have a single point of contact who can answer their questions or arrange for them to be answered.
Residents of West Maas en Waal can contact VraagWijzer for assistance with welfare and care questions. Upon starting a process, they are assigned a permanent consultant. Residents who are dependent on social assistance under the Participation Act (implemented by GR Werkzaak) are assigned a permanent income coach and work coach.
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.
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.
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 2023, all complaints received were resolved informally. A conversation with the complainant proved sufficient to resolve the complaint.
In 2023, the formal internal complaint procedure was not invoked even once.
Given the relatively low number of complaints, contact between citizens and employees of the municipality of West Maas en Waal is generally good.
The complaints in 2023 all relate 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) complaint procedure. Good communication between citizens and staff often prevents the need for a formal procedure. Providing citizens with complete and timely information is and remains essential.
Finally, the complaints coordinator would like to take this opportunity to thank the complaints handlers, the ombudsman, and the parties against whom the complaints were filed for their dedication and solution-oriented approach. Thanks to this, the complaints submitted were resolved informally.
Beneden-Leeuwen, April 22, 2024.
The complaint coordinator municipality West Maas en Waal
E. (Esther) Bakker