Complaints-Procedure Agreed Sept 25

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North Petherton Town Council
Complaints Policy And Procedure For Use In Complaints Against The Council

Approved and adopted by The Town Council 8th September 2025
This policy and procedure sets out how complaints against the Town Council will be dealt with so that
complaints are dealt with in a fair, transparent and timely way.
It includes the criteria that the Town Council will use for determining unreasonable, persistent or vexatious
complaints and action that may be taken with regard to those categories of complaint.

The drafting of this policy and procedure was informed by the National Association of Local
Council’s advice note on handling complaints (England) and the complaints procedure template
provided by Somerset Association of Local Councils

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Policy Statement
The Town Council believes that complaints can be constructive feedback on the quality of
services, procedures and practices.
Introduction
“A complaint is an expression of dissatisfaction … about the council’s action or lack of action or
about the standard of a service, whether the action was taken or the service provided by the
council itself or a person or body acting on behalf of the council”1
The Town Council will endeavour to resolve matters informally in the first instance, the procedure
outlined in this document is when an informal approach has failed or is not appropriate.
The procedure outlined in this document has been adopted for dealing with complaints about the
Council’s administration or its procedures. Complaints about a policy decision made by the
Council will be referred back to the Council, or relevant Committee, as appropriate, for
consideration.
Some types of complaint need to be dealt with by other organisations – these are set out in the
table below:
Type of Complaint
Alleged financial
irregularity

Complainant to Refer To
Local electors have a statutory right to object to a Council’s audit
of accounts (s16 audit Commission Act 1998)

Alleged criminal activity
Members conduct
alleged to breach the
code of conduct adopted
by the Town Council

The police
Somerset Council is responsible for handling complaints that
relate to a member’s failure to comply with the Town Council’s
code of conduct. Information about how to make a complaint
about a Councillor can be found at
https://www.somerset.gov.uk/council-and-democracy/complaintsabout-councillors/
See specific section at the end of this document

Complaints about North
Petherton Library

The following complaints will not be considered:
• Complaints which amount to a disagreement with a decision made by the Town
Council or one of its Committees
• A matter which is the subject of litigation or legal proceedings
• unreasonable, persistent or vexatious complaints (as defined in this policy)
Note: Freedom of Information and Data Protection matters will be dealt with in accordance with
the relevant legislation
The Town Council will do its best to handle complaints as quickly as possible and as a guide it
should take no longer than 12 weeks from receipt of the complaint to the Complaints Panel
advising its decision.
Who Can Complain?
Complaints will be responded to from the following:
• A person who believes they have been the victim of what they regard as inappropriate
behaviour by a Town Council employee
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Local Government Ombudsman Definition

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•
•
•

A person who witnessed an incident of inappropriate behaviour by a Town Council
employee i.e. they were close enough to see or hear the incident
A person who believes they have been the victim of what they regard as a wrongly
implemented Town Council procedure, policy or service
A person acting with the written consent of someone in one of the above categories

Anonymous complaints will not receive a response nor be considered in any way
Confidentiality
A complaint against a local council is personal to the complainant and will be treated as
confidential unless the complainant confirms, in writing that they waive their right to confidentiality.
If the right to confidentiality has not been waived by the complainant the meeting of the Complaints
Panel considering the complaint or inviting the complainant to make representations will need to
exclude the press and public.
If the right to confidentiality has not been waived by the complainant their identity will only be
made known to those in the town council who will be considering the complaint or attending the
meeting to represent the town council.
Making A Complaint
1. There is no time limit to making a complaint but it should be made as soon as possible after
the incident and ideally no more than twelve months should have passed between the
incident and the date when the complaint is made. When deciding how to deal with the
complaint the time that has passed between the incident and the complaint being made
may be taken into account.
2. The complainant should be asked to put the complaint about the Town Council’s
procedures or administration in writing to the Town Clerk. If the complaint is only notified
orally to a councillor, or to the town, a written record of the complaint will be made, noting
the name and contact details of the complainant and the nature of the complaint.
3. If the complainant does not wish to put the complaint to the Town Clerk, he or she should
be advised to address it to the Mayor.
4. Ideally the complainant should provide the following information at the time of making their
complaint:
• Complainant’s name
• Complainant’s contact details
• The name of the individual or the process being complained about
• The incident date and a brief description of what happened
• What proof / evidence exists (and will be provided)
• The remedy that is sought e.g. an apology, review of process.
5. The Town Clerk (or other nominated officer) or the Mayor as appropriate shall acknowledge
receipt of the complaint within 5 working days, ask the complainant to confirm whether or
not they are waiving their right to confidentiality and give the anticipated timeframe for the
next communication.

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6. The Town Clerk (or other nominated officer) or the Mayor will advise the complainant when
the matter will be considered by the Complaints Panel2. The complainant should also be
advised how notice of it will be given on the agenda.
7. All Town Councillors will be informed of the broad details of the complaint.
8. The complainant shall be invited to attend the meeting of the Complaints Panel and to bring
with them a representative if they wish.
9. At least seven working days prior to the meeting, the complainant shall provide the Town
Council with copies of any documentation or other evidence relied on. The Town Council
shall provide the complainant with copies of any documentation upon which they wish to
rely at the meeting and shall do so promptly, allowing the claimant the opportunity to read
the material in good time for the meeting.
At the Meeting
10. The Complaints Panel shall consider whether the circumstances of the meeting warrant the
exclusion of the public and the press. Any decision on a complaint shall be announced at
the Complaints Panel meeting in public.
11. The Chairman of the Complaints Panel should introduce everyone present and explain the
procedure that will be followed.
12. The complainant (or their representative) should outline the grounds for the complaint and,
thereafter, questions may be asked, through the Chair, by (i) the Town Clerk (or other
nominated officer) and then (ii) members of the Complaints Panel
13. The Town Clerk (or other nominated officer) will have an opportunity to explain the Town
Council’s position and questions may be asked by (i) the complainant or their represent (but
not both) and (ii) members of the Complaints Panel.
14. When all the questions have been asked, and a response provided, the Town Clerk (or
other nominated officer) and then the complainant (or their representative but not both)
should be offered the opportunity to summarise their position.
15. The Town Clerk (or other nominated officer) and the complainant should be asked to leave
the room while the members of the Complaints Panel decide whether or not the grounds for
the complaint have been made and evidenced. If a point of clarification is necessary, both
parties shall be invited back into the meeting.
16. The Town Clerk (or other nominated officer) and the complainant should be given the
opportunity to wait for the decision, but if the decision is unlikely to be finalised on that day
they should be advised when the decision is likely to be made and when it is likely to be
communicated to them.
The Complaints Panel Decision
17. If the complaint is upheld a remedy may be offered which, as far as possible, puts the
complainant back in the position they would have been in but for the matters complained of.
After the Meeting

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For details of the Complaints Panel see the “Council and Committees Terms of Reference”

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18. The decision should be confirmed in writing, (either a letter sent recorded delivery or an
email with a delivery receipt) signed by the Chair of the Complaints Panel, within seven
working days together with details of any action to be taken.
19. The decision of the Complaints Panel is final, there is no appeals process.
20. Any decision made by the Complaints Panel will be reported to Council for information.

Criteria for determining unreasonable, persistent or vexatious complaints
A complaint may be classed as unreasonable, persistent or vexatious if the complainant
meets one or more of the following criteria:1. Persists in pursuing a complaint where the Council’s complaint process has been fully and
properly implemented and exhausted.
2. Persistently changes the substance of a complaint or continually raises new issues that
prolong the contact and make it more difficult to respond effectively. It is important that any
completely new issue is raised as a new complaint if appropriate.
3. Is repeatedly unwilling to accept documented evidence or deny receipt of an adequate
response in spite of correspondence specifically answering their questions or do not
accept that facts can sometimes be difficult to verify when a long period of time has
elapsed.
4. Repeatedly make complaints but does not identify the precise issues which they wish
investigated.
5. Regularly focuses on trivial matters to an extent which is out of proportion to its significance
and continues to focus on this point. It is important to recognise that determining what is
trivial can be subjective.
6. Have threatened or used physical violence towards employees at any time, this will mean
that the complainant can only contact us in writing and staff will be informed what access to
staff and buildings they are permitted to.
7. Have in the course of dealing with their complaint made an excessive number of contacts
with the Council, placing unreasonable demands on employees. Contacts can be in person,
phone, email, fax, letter or web-form. Judgement will be used to determine excessive
contact, taking into account the specific circumstances of each individual case.
8. Have harassed or been verbally abusive on more than one occasion towards employees
dealing with the complaint. Employees recognise that complainants may sometimes act out
of character in times of stress, anxiety or distress and will make reasonable allowances for
this. The individual circumstances of each person need to be considered and treated
sensitively.
9. Makes unreasonable demands on the Council and its employees and fail to accept that
these may be unreasonable, for example, insist on responses to complaints or enquiries
being provided more urgently than is reasonable or within the Council’s complaints
procedure or normal recognised practise.
10. Makes unreasonable complaints which impose a significant burden on the human
resources of the Council and where the complaint:
a. does not have any serious purpose or value

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b. is designed to cause disruption or annoyance
c. has effect of harassing the public authority
d. can otherwise fairly be characterised as obsessive or manifestly unreasonable
e. is using the Council as a means of causing harassment to another member of
the public.
11. Makes repetitive complaints and allegations which ignore the replies which Council officers
have supplied in previous correspondence.

Action to be taken where a complainant, either individually or as part of a group, is considered to
be making complaints that are unreasonable, persistent or vexatious.
Officers and Councillors will endeavour to respond appropriately according to the individual
complainant’s needs, and in compliance with our complaints policy, but this direction is to cover
occasions where nothing further can be reasonably done to assist or rectify a real or perceived
problem.
An individual assessment will need to be made in each and every case to determine if the
complaint is to be categorised as unreasonable, persistent or vexatious.
To assist with this, the Complaints Panel will need to consider if there has been repeated and/or
obsessive pursuit of:
▪ Unreasonable complaints
▪ Complaints where there is an expectation of unrealistic outcomes
▪ Reasonable complaints made in an unreasonable manner
▪ Repeated complaints that have already been responded to in full
Where a complaint continues and the committee have identified the complaint as unreasonable,
persistent or vexatious, as set out in direction 1 the Town Clerk will notify the complainant in
writing of the reason why the complaint has been classed as unreasonable, persistent or vexatious
and of the actions to be taken, these could include (singularly or in combination, depending on the
individual circumstances);
1. Send a letter to the complainant setting out responsibilities for the parties involved if the
Council is to continue processing the complaint. If terms are contravened, consideration
will then be given to implementing other action as indicated below.
2. Decline contact with the complainant, either in person, by telephone, by fax, by letter,
by e-mail or any combination of these, provided that one form of contact is maintained.
This may also mean that only one named officer will be nominated to maintain contact
(and a named deputy in their absence). The complainant will be notified of this person.
3. Notify the complainant, in writing, that the Council has responded fully to the points
raised and has tried to resolve the complaint and there is nothing more to add and
continuing contact on the matter will serve no useful purpose. The complainant will also
be notified that the correspondence is at an end, because they have been classed as an
unreasonable, persistent or vexatious and the Council does not intend to engage in
further correspondence relating to the complaint.
4. Inform the complainant that in extreme circumstances the Town Council will seek legal
advice and if appropriate commence court proceeding for an injunction.

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5. Temporarily suspend all contact with the complainant, in connection with the issues
relating to the complaint being considered as unreasonable, persistent or vexatious,
while seeking advice or guidance from its solicitor or other relevant agency, such as the
Local Government Ombudsman.
Complaints About North Petherton Community Library

The library is North Petherton is provide by a partnership between North Petherton
Council, Somerset Council and the Friends of North Petherton Library.
Comments and complaints about the library are covered by Somerset Council Librray
Service policy and should be made through the following link Complaints, comments
and compliments or by dialling tel no 0300 123 2224 or by emailing the library. The
complaint will then passed onto a Library Manager who will respond within 10 days or
redirect it to the Town Council.