BARNET ALLOTMENT FEDERATION
COMPLAINTS PROCEDURE – Advice for Allotment SocietiesJanuary 2014
rev November2017
weblinks rev July 2017
Dealing with complaints, disputes and concerns about allotment matters by tenants and other people can potentially involve some difficult discussions. The Federation advice paper on Problems with Tenants, available at provides guidance on procedure, particularly if discussions with a tenant might be difficult, and similar issues can arise when dealing with other complainants too. Potentially useful approaches include:
-taking a witness along to observe discussions and provide an independent record
-keeping careful records of the problems, the other party’s responses, discussions and other communications with the people concerned
-collecting evidence including photographs where appropriate
-carefully following due process as set out in the tenancy agreement, constitution, complaints procedure etc.
Following steps such as these can make it less likely that a sustainable complaint will arise in the first place and, if it does, it is more likely to be resolved satisfactorily.
As far as complaints are concerned, the Council’s new lease contains the following clause.
12THIRD PARTY COMPLAINTS
In the event of any third party complaint concern or dispute arising in connection with the exercise of the rights under this Lease then the Tenant (or the Tenant shall procure that the Association) shall use their reasonable endeavours to resolve any such complaint concern or dispute having due regard to any relevant guidelines for dealing with such complaints concerns or disputes as may be agreed from time to time between the Corporation and the Barnet Federation of Allotment and Horticultural Societies.
The following document is a Memorandum of Understanding (MoU) between the Council and the Barnet Allotment Federation (BAF) ( previously known as the Barnet Federation of Allotment and Horticultural Societies - BFAHS) and attached to this as Appendix A is the Guidance referred to in the lease clause above. Neither the Memorandum of Understanding nor the Guidance is part of the lease, nor is it mandatory for societies to follow the provisions in every detail. But societies are required by the lease to have “due regard” to the Guidance.
The Memorandum of Understanding and the Guidance were sent by e-mail in final draft form to societies by Richard King on 22 November 2012. These two documents were subsequently formally adopted by BFAHS and the Council and are unchanged from the draft.
The Guidance attached to the MoU was designed to be a free-standing operational document which societies could take and use (amended if they wished) as the basis for their own complaints handling procedure. A society needs only to adopt a complaints policy of simply following the procedure described in the Guidance – amended if they wish. It is in a society’s own interest to have such a defined procedure for dealing with complaints from allotment holders and from outsiders. It avoids uncertainty about what to do when things go wrong and helps to demonstrate that the society sets out to treat people fairly.
Complaints Review
In the attached Memorandum of Understanding paragraphs 8-10 explain that the Council retains a statutory duty regarding the management of the allotment service and it stems from this that it retains a role in ensuring that complaints are satisfactorily handled. This could potentially include an appeal to the Local Government Ombudsman after other avenues have been exhausted.
It is in a society’s own interest and probably a complainant’s interests too that the Council’s statutory and bureaucratic processes should not be invoked.
For this reason it would be wise for a society to offer a dissatisfied complainant a process of review where an initial decision did not meet all that the complainant wished. Paragraphs 12-17 of the attached Guidance explain how a society may operate a two stage process, in effect offering a dissatisfied complainant an appeal from a first verdict.
There will be some circumstances where a society may not wish to conduct such a review itself or where the complainant might not trust the impartiality of an officer of the society in conducting the review. In such circumstances it may be sensible for the society to offer an independent person to take the review.
Such an independent person may be identified by any means but to aid this process BAF is offering to nominate a person to consider such an appeal. This would normally be an experienced officer from another allotment society within the Borough. To access this service an allotment society’s officer should contact the Secretary of BAF.
Contact Points for Memorandum, revised January 2017
Paragraph 15 of the memorandum provides contact points for its operation. These are updated to:
The CouncilCorporate Customer Complaints Officer
Tel: 020 8359 2000 Email:
The FederationThe Secretary
Tel: 07938 936 663Email:
Andrew Brown, BAF Support Officer
Memorandum of Understanding
between
The London Borough of Barnet and Barnet Federation of Allotment and Horticultural Societies
Introduction
1This memorandum of understanding provides a framework for the relationship between the London Borough of Barnet (the Council) and the Barnet Federation of Allotment and Horticultural Societies (the Federation) and its member allotment societies concerning the management of complaints from third parties about the activities of those societies and their members.
2In particular, it provides agreed guidance to the Federation’s members when considering complaints about their activities and for effective cooperation and communication between those members and the Council in relation to such complaints.
3The Council and the Federation will monitor the operation of this memorandum and will review it initially after one year of coming into force and subsequently from time to time as necessary.
4This memorandum is a statement of intent that does not give rise to legally binding obligations on the part of either the Council or the Federation (or its members).
Role of the Federation
5The Federation was established in 1965 by allotment societies in the area of the London Borough of Barnet to promote and support a strong and sustainable allotment movement in Barnet that meets the aspirations of allotment users.
6In particular, the Federation aims to represent, inform, support and encourage all the allotment societies and allotment holders in Barnet.
7The Federation has no authority or power to control the activities of its member societies. It follows that the complaints procedures operated by allotment societies are the responsibility of those societies alone. The role of the Federation in relation to its members’ complaint handling procedures is restricted to the provision of advice, guidance and support.
Role of the Council
8The Council is the allotment authority in Barnet for the purposes of the Allotment Acts 1908 to 1950. As such it is subject to various statutory responsibilities in relation to the management of the allotments provided and owned by it within the Borough. In particular, under the Small Holdings and Allotments Act 1908 the Council has an express duty, where it considers that there is a demand for allotments in its area, to provide a sufficient number of them.
9The Council has adopted a corporate complaints procedure which sets out the way in which it will consider and investigate complaints about its statutory services and functions. Complaints concerning its functions in relation to the allotment sites provided by the Council can be considered by it under this procedure.
10The Local Government Ombudsman has jurisdiction over complaints from the public against the Council in respect of the way it has exercised its functions in relation to allotments. Where a complaint is made to the Ombudsman, the Council may have to reply to enquiries from the Ombudsman’s office and provide information concerning its investigation of the complaint in question.
Handling Complaints about Allotment Issues
11The overall aim of the Council and the Federation is that complaints about allotment matters should be dealt with impartially, objectively and expeditiously. Complainants should be treated with respect and should not receive adverse treatment because they have made a complaint.
12The Council and the Federation have agreed guidance on complaint handling for allotment societies which is set out in Appendix A to this memorandum. It is for allotment societies to have regard to this guidance in adopting or reviewing their complaint procedures. The Federation will encourage its member societies to do so and will disseminate this memorandum and the attached guidance, and any subsequent revisions of them, for this purpose.
13The Federation and the Council agree to explore the need for a more detailed information sharing agreement in line with the requirements of the Information Commissioner’s Data Sharing Code of Practice.
Issues with Wider Implications
14Subject to data protection legislation and any other relevant law, if complaint investigations occasion concerns that there are serious shortcomings in allotment societies’, or the Council’s, complaint handling, the Federation and the Council will confer with each other and discuss what action should be taken, including where appropriate a revision of this memorandum and the attached guidance to allotment societies.
Contact
15In relation to the operation generally of this memorandum the relevant points of contact are:
The CouncilCorporate Customer Complaints Officer
Tel: 020 8359 3688 Email:
The FederationThe Secretary
Tel: 020 8444 5035 Email:
Dated this 1st day of April 2013
Richard KingJenny Warren
SecretaryHead of Greenspaces and Streets
Barnet Federation of AllotmentLondon Borough of Barnet
and Horticultural Societies
This document sets out the guidelines referred to in the self-management leases agreed, or to be agreed, between the Council and individual allotment societies, and to which societies are to have due regard when considering and responding to third party complaints, concerns or disputes.
APPENDIX A
GUIDANCE ON COMPLAINT HANDLING TO ALLOTMENT SOCIETIES
General Considerations
1Each allotment society should have its own written complaint procedure approved by the society in accordance with its own rules and constitution.
2The procedure should define what is meant by a ‘complaint’. This definition should not be unduly restrictive and a useful definition would be:
“A complaint is any expression of dissatisfaction about the actions or omissions of the society or its members that requires a response.”
3The procedure may allow the society not to investigate a complaint if it considers there is no or insufficient evidence that the complainant has been significantly affected by the matter complained about. Any such decision shall be communicated to the complainant with reasons.
4Complaints should preferably be made in writing (by letter or email) but complaints made in person or by telephone may be accepted. In either of the latter two cases, a summary of the complaint should be sent in writing to the complainant for comment or agreement before the investigation is started. This is to provide a clear record of the individual’s concerns so that relevant enquiries can be made. Some societies may wish to make available a complaint form for use by complainants.
5If a person needs support to make a complaint and wishes to use someone to represent them, this should be permitted provided that the person affected by the matter complained about has given their genuine consent. The society may however refuse to communicate with a person claiming to act as a representative if it considers the person affected is unable to give such consent or there is an apparent conflict of interest.
6If the society considers the subject matter of the complaint is not for the society to deal with, the complainant should be told in writing at the earliest opportunity.
7Complaints procedures may provide that complaints will not be considered if the complaint is made more than 6 months after the event or decision complained about. However, societies should be open to making exceptions to the strict application of such a rule for good reason such as illness or other personal circumstances that have prevented the individual from complaining earlier.
8At any stage of the complaints process a society may decide to end its involvement in the investigation of a complaint on the grounds of the complainant’s unreasonable behaviour such as deliberately repetitious, disruptive, abusive or offensive conduct.
Co-operation Between the Council and Allotment Societies
9There is potential for an overlap of complaint handling functions between the Council and allotment societies. In such cases the following principles will apply in the interests of providing a responsive and, as far as practicable, a seamless service to complainants:
(a)If the allotment society considers a complaint it has received from a third party does not relate to any of its powers or responsibilities but raises issues for which the Council may be responsible, it will inform the complainant accordingly and advise the complainant to complain under the Council’s corporate complaints procedure or, with the complainant’s consent, refer the complaint directly to the Council.
(b)If the allotment society considers that a complaint it receives relates in part to its own actions or decisions and in part also to the Council’s exercise of its own administrative functions, the society and the Council (through its Corporate Customer Complaints Officer) will discuss and agree who should take the lead in investigating and responding to the complainant. The objective should be, as far as is reasonably practicable, to achieve a single agreed response to the whole of the complainant’s concerns.
(c)If the allotment society considers that a complaint it receives raises serious or complex issues that it does not have the resources or expertise to investigate, the society may:
- First, seek advice and support from the Federation or another appropriate body such as the National Allotment Society;
- Second, with the agreement of the complainant, refer the matter to an agreed mediator in order to find a practical resolution of the issues complained about to the satisfaction of all parties; and
- Third, if such mediation fails to resolve the matter or is declined, discuss with the Council’s Corporate Customer Complaints Manager the option of the Council carrying out the investigation of the complaint under its procedures and, if this is agreed, either inform the complainant to refer the matter to the Council or, with the complainant’s consent, refer it directly to the Council for consideration.
(d)If the Council first receives a complaint relating to the actions or decisions of an allotment society or its members, the Council will either inform the complainant to complain under the society’s own complaints procedure in the first instance or, with the complainant’s consent, refer it directly to the society for investigation.
(e)If the complainant has exhausted the allotment society’s complaints procedure but remains dissatisfied and complains to the Council, or if the allotment society has unreasonably failed to complete its consideration of the complaint within 80 working days from its receipt, the Council will consider and investigate the matter under Stage 3 of its corporate customer complaints procedure.
(f)Where the Council investigates a complaint which relates to the powers or responsibilities of an allotment society, before issuing its final decision it will provide the society with its provisional view on the complaint and allow the society a period of 15 working days within which to comment. The Council will take full account of any such comments received in reaching its decision.
(g)Where a complaint is referred to the Local Government Ombudsman, the Council will share the Ombudsman’s decision and any recommendations with the allotment society concerned and the Federation.
Information Sharing
10Any communication of information between allotment societies and the Council must be compliant with the Data Protection Act 1998 and other relevant law such as the law on disclosure of confidential information. Any such sharing of information shall only take place where this is for the purposes of the investigation of a complaint by the allotment society or the Council or the Local Government Ombudsman, as appropriate. It shall also only be shared with the minimum number of people required for the complaint to be properly investigated.
11Where personal data is being shared the consent of the complainant or other relevant person will normally be obtained in writing. When sharing personal data, whether with the individual’s consent or not, this must be shared safely and securely. Particular care should be taken before sharing sensitive personal data such as health information.
The Allotment Society’s Stage One Investigation and Response
12Where the society agrees to investigate a complaint it should appoint a person or persons to investigate and respond. This person should acknowledge the complaint within 15 days of its receipt by the society and provide contact details.
13The person appointed to investigate the complaint should carry out a proportionate investigation and respond to the complaint in writing (by letter or email) within 30 working days of receipt of the complaint by the society.
The Allotment Society’s Stage Two Investigation and Response
14If the complainant remains dissatisfied with all or part of the Stage One response to the complaint, the society’s procedure should allow the complainant to seek a review of that response. To do so the complainant should contact the society in writing, within a time scale to be indicated in the Stage One response, requesting a review. The complainant should receive a written acknowledgment of the receipt of this request within 15 working days.
15The society should make arrangements to review the Stage One response and send its written decision (by letter or email) within 40 working days of receipt of the request for a review. The review should be carried out by a nominated person or persons without any involvement in the previous decision on the complaint.
16However, the society may turn down a request for a Stage Two review for good reason including because:
- The complainant has not provided any new evidence;
- The points raised by the complainant were considered in the Stage One investigation; or
- The points raised by the complainant would not lead to a change in the outcome of that investigation.
17A decision to turn down a request for a review, or the written decision informing the complainant of the outcome of the review, should tell the complainant that he or she has the right to complain to the Council if they remain dissatisfied with the response. (The Council will then consider the complaint at Stage 3 of its corporate customer complaints procedure.)