LOCAL GOVERNMENT (COMPLAINTS) REGULATIONS (complaints)

SUBSIDIARY LEGISLATION 363.04

LOCAL GOVERNMENT (COMPLAINTS)

REGULATIONS

26th November, 1993

LEGAL NOTICE 159 of 1993.

PART I

General Provisions

The title of these regulations is the Local Government

(Complaints) Regulations.

In these regulations, unless the context otherwise requires -

"Act" means the Local Government Act;

"complaint" means any concern, accusation, criticism, grievance,

charge or protest or any other negative information addressed to or

received by the Council or any Council employee whether directly

or indirectly,

"urgent complaint" means a complaint which by its nature is

considered as urgent and includes a complaint which -

(i)

alleges a major breach of national or local laws;

or

(ii) indicates a serious safety risk; or

(iii) indicates that a substantial liability may be

incurred by the Council; or

(iv) is so deemed by the Secretary.

All complaints shall be treated and reviewed in accordance

with these regulations and any procedures which may be issued by

the Minister, and shall be classified under the following three

categories

(i)

Category One complaints referring to general Local

Council matters as defined in the Act and including

(a) unlawful activities, actions or situations as

described in article 13(1), article 16(1), article

22(a) and (b) and article 71 of the Act;

(b) any other unlawful activities of the Council,

Councillors, Secretary or any other employee;

(c) unsatisfactory or incorrect execution of the

functions, administration, or any other business

of the Council, Councillors, Secretary or any

other employee, excluding Category Two

complaints;

(d) intentional disregard by the Council to the

contravention of a bye-law;

(e) Council activities which result in consequential

damages to a complainant excluding Category

Two complaints;

(f)

negative aspects or activities related to the

police, traffic, environment, health, education,

consumer protection, and any activities which

are likely to create a nuisance.

(ii) Category Two complaints referring to the following

specific Council functions

(a) defective or unsatisfactory services or works

executed by or for the Council;

(b) defective materials or supplies provided by or to

the Council;

(c) Council functions referred to in sub-paragraphs

(a) and (b) which result in consequential

damages to a complainant;

(iii) Category Three complaints referring to third party

matters and including

(a) dangerous, unsafe, unhealthy, unsightly or

damaging structures, items or activities within

the locality;

(b) unlawful, unsafe or undesirable commercial,

building or construction activities.

PART II

Handling of complaints

(1) On receiving a complaint the Secretary shall ensure

that it is recorded together with all the original details and that it is

thoroughly investigated and dealt with until it is closed.

(2) Complaints shall be classified by category, type and degree

of importance or urgency according to these regulations and to any

procedures which may be issued by the Minister. The Council may

moreover adopt internal procedures not inconsistent with the said

regulations or procedures.

The Council may deal with Category Three complaints on

behalf of the complainant

Provided that

(a) the subject of such complaint does not fall within the

competence of a Government department or agency;

(b) the Council or the Secretary deems the subject of such

a complaint of importance to the locality.

(1) The Secretary shall respond to or address complaints of

an urgent nature within twenty-four hours of their receipt.

(2) The Secretary shall immediately inform the Council of any

complaint of an urgent nature and of any action taken.

(1) The Secretary shall present to the Council a report

listing all new complaints received prior to each Council meeting.

(2) The report referred to in subregulation (1) shall include

recommendations and supporting information for the Council’s

consideration on how to act on the new complaints received.

(1) The Secretary shall at each Council meeting report to

the Council on the current status of all complaints.

(2) The status report referred to in sub-regulation (1) shall

include

(a) an analysis of complaints by category, type and degree

of importance;

(b) the average time taken by the Council in closing

complaints in the current financial year;

(c) the age of all pending complaints;

(d) the identification of complaints which are related by

their nature or which indicate that a particular

problem, issue or situation has aggravated or

improved;

(e) monthly trends in the receipt of complaints.

(1) The Council shall discuss the reports presented by the

Secretary under regulations 6 and 7 and shall decide on the

necessary action to be taken or the response to be given.

(2) The Secretary shall ensure that such Council decisions are

implemented as early as possible.

(1) A complaint shall be considered closed when

(a) it is dismissed as frivolous, vexatious or trivial by the

Council;

(b) the Council finds the complaint to be unreasonable,

unsubstantiated, unfounded or unjustified;

(c) the Council has resolved the issue, concern, point or

matter of the complaint by providing information to

the satisfaction of the complainant;

(d) the complainant withdraws the complaint and the

Council is satisfied that the complaint should be

closed;

(e) the Council, or any other body or organisation to

whom the complaint was referred, has successfully

addressed the matter of the complaint to the

satisfaction of the complainant;

(f)

the Council has indemnified or compensated the

complainant following a claim for damages;

(g) the Council has initiated legal proceedings in the case

of the contravention of national laws or locality

bye-laws;

(h) the Council has, by any other means, satisfied the

complainant.

(2)

If the subject of a complaint is sub judice or under police

investigation or has been referred to the Permanent Commission

Against Corruption, the complaint shall be put sine die awaiting the

outcome of the judgement or the investigation.

(1) Subject to the provision of regulation 5, the Secretary

shall answer in writing any complaint within thirty days of its

receipt.

(2) The answer referred to in sub-regulation (1) shall include

information, details of any investigation or action taken or to be

taken and shall state whether or not the Council considers the

complaint closed according to regulation 10.

(3) The Secretary shall inform complainant when the complaint

is closed.

(4) The Secretary shall continue to update each complainant in

writing every thirty days until the complaint is closed according to

regulation 10.