Complaints

This policy covers the enforcement of legislation by the Council, its Officers or contractors.

10.1   General complaints

Complaints or observations regarding the content or application of this enforcement policy, should be made in writing to the relevant Head of Service at the address below. The name of the relevant head of service can be found from the Council website or by contacting the Council offices:


Welwyn Hatfield Borough Council

Council Offices
The Campus
Welwyn Garden City
Hertfordshire
AL8 6AE


Email:  contact-whc@welhat.gov.uk or customerservice@welhat.gov.uk

Or the Chief Executive, at the address given above.


Alternatively, complaints may be made direct on the Council's website. Complaints will not be investigated by the officers who took the decision  or actions against which the complaint is being made.

10.2   Complaints regarding health and safety enforcement

Complaints regarding the enforcement of health and safety at work legislation may be made to the Independent Regulatory Challenge panel. The Independent Regulatory Challenge Panel provides an independent means for any person (whether companies or individuals) to complain about the actions of Health and Safety Executive (HSE) or Local Authority (LA) health and safety regulators.

Complaints may only be referred to the Panel if they have first been raised locally and it has not been possible to resolve the matter.

The Panel will consider complaints from companies or individuals who have been visited by HSE or LA health and safety inspector and who believe that the visit was not justified as being in accordance with a risk based approach to targeting proactive inspections; or where the advice given by the HSE or LA health and safety regulator is incorrect or not proportionate to the risks.


The Panel will not consider complaints from companies or individuals subject to statutory notices or prosecution by HSE or LA health and safety regulators as they have recourse to employment tribunals or the  courts  respectively,  which  provide such an established and proper mechanism of appeal. Equally it will not deal with determinations on enforcement action subject to Primary Authority arrangements as there is an existing process to follow.


Details of the Panel are available at  http://www.hse.gov.uk/contact/challenge-panel.htm and the terms of reference are at: http://www.hse.gov.uk/contact/ircp-terms.pdf .


10.3   Complaints regarding technical food safety issues

Complaints and disputes regarding technical food safety matters arising from the councils work as a food law enforcement authority may be made to the Food Standards Agency Independent Business Appeals Panel. This route can only be used when the local authority complaints procedure has been exhausted, but has  not resulted in agreement.  The panel will not consider food hygiene rating scheme ratings, food hygiene inspection results or formal enforcement actions as  these are already covered by existing appeal routes. The panel can contacted on line at https://www.food.gov.uk/contact/businesses/services/make-an-appeal.

 

10.4   Complaints regarding a Parking Ticket

The Penalty Charge notice details the alleged contravention, the date and time it occurred and the location where it happened. If you feel that this was wrongly issued or there are special circumstances then you can challenge the PCN.


Challenges may result in the PCN being cancelled or your appeal being turned down. Challenges regarding the issue of a Penalty Charge Notice must be made in writing to the Parking Office.


The Parking Office
PO Box 43
Buntingford
Herts
SG9 9WZ

10.5   Right to request a review of an enforcement decision

Complaints about enforcement decisions, or failure of the Council to follow the regulators code should be made to the relevant Head of  Service at the address below. The name of the relevant head of service can be found from the Council website or by contacting the Council offices:


Welwyn Hatfield Borough Council
Council Offices
The Campus
Welwyn Garden City
Hertfordshire
AL8 6AE

10.6   Complaints to the Local Government Ombudsman

The Local Government Ombudsman is able to deal with complaints of potential maladministration. There are three Local Government Ombudsmen in England. Each of them deals with complaints from different parts of the country, but all new complaints go to the LGO Advice Team

LGO Advice Team: 0300 061 0614 or 0845 602 1983

The Local Government Ombudsman

PO Box 4771
Coventry 
CV4 0EH
Fax: 024 7682 0001
An enquiry can be made by email to advice@lgo.org.uk

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Published 06/21/2019