Local Resolution Policy

Re-adopted 14/05/2024 

 

Issues which should be considered under this process

 

Low level complaints about Members, including: 

Minor complaints from Members about Members 

Minor complaints from Officers about Members 

Members alleged to have not shown respect and consideration for others – either verbally or in writing. 

 

Issues which should not be considered under this process

 

Complaints which must be directed to the Public Services Ombudsman for Wales, including: 

• Complaints instigated by a member of the public ; 

• Serious complaints – breaches of the Code of Conduct/failure to disclose ; interests/bullying/abuse of position or trust/repeated breaches ; 

• Complaints made by the Clerk/Proper Officer ; 

• Members’ complaints about officers which should be dealt with using the Council’s internal complaints process. 

 

The Process

 

The complaint

 

The complaint would need to be sent to the Clerk/Proper Officer of the Council to ensure that the complaint is at a low level and should not be dealt with by way of a complaint to the Ombudsman. 

 

If appropriate, the Clerk/Proper Officer should firstly seek an early resolution of any such dispute by liaising informally with the individual members concerned prior to the resolution process described below. 

 

It is important that the ‘accused’ member is given full details of the complaint against them so that they are in a position to prepare their response to the accusation. 

 

Resolution Process

 

The involvement of the Chair/Vice Chair of the Council in the following process is not to adjudicate on the complaint, but to attempt to get the members/officers involved to come to an agreement as to how the issue(s) could be resolved on an amicable basis. 

 

The Clerk/Proper Officer will act as a facilitator for the resolution process below, the meeting will be recorded and minuted. 

 

If the complaint is between Members other than the Chair of the Council, the Clerk/Proper Officer and the Chair will meet individually with the complainant and Member subject of the complaint to seek an agreed resolution. 

 

If the complaint is between Members, one of whom is the Chair of Council, but not the Vice Chair, the Clerk/Proper Officer and the Vice Chair will meet with the complainant and Member subject of the complaint to seek an agreed resolution. 

 

If the complaint has been made by an officer/employee, but not the Clerk/Proper Officer, against a Member other than the Chair of Council, the Clerk/Proper Officer and the Chair of Council will meet with the officer and the Member subject of the complaint to seek an agreed resolution. 

 

If the complaint has been made by an officer/employee, but not the Clerk/Proper Officer, against the Chair of Council, the Clerk/Proper Officer and the Vice Chair of Council will meet with the officer and the Chair to seek an agreed resolution. 

 

If the complaint has been made by the Clerk/Proper Officer, then it is likely to be best practice that this complaint is forwarded by way of a complaint to the Ombudsman. 

 

Possible results of the process

 

If an agreement is reached by Members and/or officers during this Stage then no further action is required. 

 

If agreement cannot be reached the aggrieved Member/officer would always have the opportunity of referring the matter to the Ombudsman. 

 

Examples of agreements might include issue of a letter of apology, a written undertaking or commitment not to breach the Code of Conduct in the future, a commitment to undertake training or an agreement that on the basis of the evidence that no further action should be taken and the matter be closed. 

 

Time for the process

 

It is the intention that all of the processes can be completed as quickly as possible to resolve the issue. However exact timing will depend on the availability of individuals to attend the meetings.