DIRECTORATE OF PUBLIC COMPLAINTS (OMBUDSMAN)

County Government of Bomet views complaints as an opportunity to learn and improve for the future, as well as a chance to put things right for the person that has made the complaint.

  • To provide a fair complaints procedure which is clear and easy to use for anyone wishing to make a complaint.
  • To publicize the existence of our complaints procedure so that people know how to contact us to make a complaint.
  • To make sure everyone at the County Government of Bomet knows what to do if a complaint is received.
  • To make sure all complaints are investigated fairly and in a timely way.
  • To make sure that complaints are, wherever possible, resolved and that relationships are repaired.
  • To gather information which helps us to improve what we do.

A complaint is any expression of dissatisfaction, whether justified or not, about any aspect of the County Government of Bomet.

Origin of Complaints

Any person or organization having a legitimate interest in the County is entitled to make a complaint.

Complaints may be categorized as hereunder:

  • Complaints against public officers in the County.
  • Complaints by one public officer against another public officer.
  • Complaint by a County Department against another Department.

A complaint can be received verbally, by phone, by email or in writing.

Confidentiality

All complaint information will be handled sensitively, telling only those who need to know and following any relevant data protection requirements.

Responsibility

Overall responsibility for this policy and its implementation lies with the County Executive Committee and the office of the Ombudsman.

Review

This policy shall be reviewed regularly and updated as required.

(a)Written complaints may be sent to:

County Government of Bomet

P.O. BOX 19-20400 BOMET

Or  by using the provided  form

(b) Verbal complaints may be made by phone to:

0777 260 200

or in person to:

Office of the Public Complaints (Ombudsman)

Governor’s Office, Bomet.

Complaints may arrive through the aforementioned channels publicized for the purpose or through any

other contact details or opportunities the complainant may have.

Complaints received by telephone or in person need shall be recorded.

The person who receives a complaint on phone or in person should:

  • Write down the facts of the complaint;
  • Take the complainant’s name, address and telephone number;
  • Note down the relationship of the complainant to the County government e.g. client, member;
  • Tell the complainant that we have a complaints procedure;
  • Tell the complainant what will happen next and how long it will take.

Where appropriate, ask the complainant to send a written account by post or by e-mail so that the complaint is recorded in the complainant’s own words.

Stage One

In many cases, a complaint is best resolved by the person responsible for the issue being complained about. If the complaint has been received by that person, they may be able to resolve it swiftly and should do so if possible and appropriate.

Whether or not the complaint has been resolved, the complaint information should be passed to the relevant department within one week.

On receiving the complaint, the relevant department records it in the complaints log. If it has not already been resolved, it shall delegate an appropriate person to investigate it and to take appropriate action.

If the complaint relates to a specific person, they should be informed and given a fair opportunity to respond.

Complaints should be acknowledged by the person handling the complaint within a week. The acknowledgement should say who is dealing with the complaint and when the person complaining can expect a reply. A copy of this complaints procedure should be attached.

Ideally complainants should receive a definitive reply within two weeks. If this is not possible because for example, an investigation has not been fully completed, a progress report should be sent with an indication of when a full reply will be given.

Whether the complaint is justified or not, the reply to the complainant should describe the action taken to investigate the complaint, the conclusions from the investigation, and any action taken as a result of the complaint.

Stage Two

If the complainant feels that the problem has not been satisfactorily resolved at Stage One, they can request that the complaint is reviewed at County Executive level through the County Secretary.

The request for County Executive level review should be acknowledged within a week of receiving it. The acknowledgement should say who will deal with the case and when the complainant can expect a reply.

The executive may investigate the facts of the case themselves or delegate a suitably senior person to do so. This may involve reviewing the paperwork of the case and speaking with the person who dealt with the complaint at Stage One.

If the complaint relates to a specific person, they should be informed and given a further opportunity to respond. The person who dealt with the original complaint at Stage One should be kept informed of what is happening.

Ideally complainants should receive a definitive reply within four weeks. If this is not possible because for example, an investigation has not been fully completed, a progress report should be sent with an indication of when a full reply will be given.

Whether the complaint is upheld or not, the reply to the complainant should describe the action taken to investigate the complaint, the conclusions from the investigation, and any action taken as a result of the complaint.

The decision taken at this stage is final, unless the County Executive Committee decides it is appropriate to seek external assistance for resolution.

The complainant can complain to the Commission on Administrative Justice at any stage.

Variation of the Complaints Procedure

The Ombudsman may vary the procedure for good reason. This may be necessary to avoid a conflict of interest, for example, a complaint about the head of a department should not also have the  said head of department as the person leading a Stage Two review.

Monitoring and Learning from Complaints

Complaints are reviewed annually to identify any trends which may indicate a need to take further action.

Handling Verbal Complaints

  • Remain calm and respectful throughout the conversation
  • Listen – allow the person to talk about the complaint in their own words.

Sometimes a person just wants to “let off steam”.

  • Don’t debate the facts in the first instance, especially if the person is angry.
  • Show an interest in what is being said.
  • Obtain details about the complaint before any personal details.
  • Ask for clarification wherever necessary.
  • Show that you have understood the complaint by reflecting back what you have noted down.
  • Acknowledge the person’s feelings (even if you feel that they are being unreasonable) – you can do this without making a comment on the complaint itself or making any admission of fault on behalf of the organization e.g. “I understand that this situation is frustrating for you”
  • If you feel that an apology is deserved for something that was the responsibility of your organization, then apologize.
  • Ask the person what they would like done to resolve the issue.
  • Be clear about what you can do, how long it will take and what it will involve.
  • Don’t promise things you can’t deliver.
  • Give clear and valid reasons why requests cannot be met.
  • Make sure that the person understands what they have been told.
  • Wherever appropriate, inform the person about the available avenues of review or appeal.

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