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Are you using the correct form?

The points listed below will help you decide whether this is the correct form to use when making your complaint. You should speak to Susan Betteridge, Monitoring Officer, if you are not clear if the standards committee can consider your complaint. The assessment sub-committee of the standards committee will make the decision about what action, if any, to take on your complaint.

• Your complaint must be about conduct that occurred while the member(s) complained about were in office. Conduct of an individual before they were elected, co-opted or appointed to the authority, or after they have resigned or otherwise ceased to be a member, cannot be considered by the assessment sub-committee.
• The Code of Conduct came into effect on 5 May 2002, although some authorities adopted the Code of Conduct earlier. If your complaint concerns matters that occurred before 5 May 2002 you should contact Susan Betteridge before making your complaint to check whether it is within the jurisdiction of the assessment sub-committee to consider.
• Your complaint must be about one or more named members of the following authorities: Kirklees Council, Denby Dale Parish Council, Holme Valley Parish Council, Kirkburton Parish Council, Meltham Town Council or Mirfield Town Council.
• Your complaint must be that the member(s) has, or may have, breached the Code of Conduct. A copy of the Code of Conduct is available at www.kirklees.gov.uk. You may also contact Susan Betteridge if you require further information.
• Complaints about dissatisfaction with a decision or action of the authority or one of its committees, a service provided by the authority or the authority's procedures do not fall within the jurisdiction of the standards committee. Complaints about the actions of people employed by the authority also do not fall within the jurisdiction of the standards committee. Any such complaint should be made to the Corporate Customer Standards Officer who can be contacted at Performance & Communication Service, High Street Buildings, High Street, Huddersfield HD1 2NQ
• Your complaint must be in writing. If a disability prevents you from making your complaint in writing you may contact Susan Betteridge for assistance.

It is important to note that not every complaint that falls within the jurisdiction of the standards committee will be referred for investigation or other action. The assessment sub-committee of the standards committee must decide whether this is appropriate. It will make this decision using local assessment criteria which can be found on the Authority's website at www.kirklees.gov.uk. If the assessment sub-committee decides not to refer your complaint for investigation or other action it will give you the reasons for this decision. It will also explain any right that you may have to ask for the decision to be reviewed.

What happens once you submit your complaint?

When you submit your complaint we will write to you to let you know we have received it.

The assessment sub-committee will then meet to consider your complaint and decide whether it should be referred for investigation or other action. This will happen within an average of 20 working days of the date we receive your complaint. Meetings of the assessment sub committee are 'closed', which means that you will not be able to attend. It is therefore very important that you set your complaint out clearly and provide at the outset all the information you wish the assessment sub committee to consider.

When the assessment sub-committee has reached its decision we will notify you in writing whether your complaint has been referred for investigation or other action. At the same time we write to you, we will also write to the member(s) you have complained about and the parish or town clerk (if applicable). We will send these letters within five working days of the assessment sub-committee reaching its decision. The decision of the assessment sub-committee is made available for public inspection once the member the complaint is about has been given a summary of the complaint. In very limited situations the member may not be given this summary immediately and if so any public inspection will not happen until the member does get the summary.

What is meant by 'other action'?

The assessment sub-committee may decide to refer your complaint for 'other action' instead of referring it for investigation. Other action is a deliberately broad term that may include options such as requiring the person you have complained about to apologise or undergo training or mediation. The assessment sub committee will carefully consider the circumstances surrounding your complaint when deciding whether other action is appropriate. If the assessment sub committee decides to refer your complaint for other action we will explain what this involves.

How should I set out my complaint?

It is very important that you set your complaint out fully and clearly, and provide all the information at the outset. You should also provide any documents or other material that you wish the assessment sub-committee to consider, where possible. You will not be able to attend the meeting of the assessment sub-committee, and nor will the member who is the subject of the complaint.

You must use our complaint form and enclose any relevant supporting documentation. In the summary you should tell us exactly what each person you are complaining about said or did that has caused you to complain. If you are sending supporting documentation please cross-reference it against the summary of your complaint.

You should be as detailed as possible and substantiate your complaint where you can. Although you are not required to prove your complaint at this stage of proceedings, you do have to demonstrate that you have reasonable grounds for believing that the member(s) complained about has breached the Code of Conduct.

If you have any queries, please contact the Monitoring Officer, Susan Betteridge at the following address:

Kirklees Council Legal Services
2nd Floor
Civic Centre 3
Huddersfield
HD1 2TG

Tel: 01484 221720
Fax: 01484 221441
Email: susan.betteridge@kirklees.gov.uk

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