	Environmental Protection Torbay Council Roebuck House Abbey Road Torquay TQ2 5TF
	ep @torbay.gov.uk
	01803 208091
	01803 208854

Do It Online

External Links

Please note: all external links open in a new window

Policy for Dealing with General Complaints

This policy sets out in detail the way that Torbay Council will approach general requests for service. This is with regard to general public health and nuisance complaints, but excludes noise, which has its own policy document. Nuisance includes smoke, fumes, rubbish, animals and odour, though this list is not exhaustive. The Council has to act within the constraints of the law and can only take legal action where the law applies and where satisfactory evidence exists.

As with all legal matters the Courts have the final say in deciding what is a public health problem or a nuisance and how that should be dealt with.

Principles

Torbay Council considers that the citizens of Torbay can reasonably expect:

to be protected from significant loss of amenity due to public health and nuisance problems;
not to be placed at significant risk from public health and nuisance problems;
to have qualified professional staff available to assess these problems.

Practice

Making a complaint

Complaints may be made in person, by telephone, by letter, or by e.mail etc. Trained reception staff in the Environmental Health and Consumer Protection Division will take initial details. The complaint will then be referred to the investigating officer who will contact the complainant within 5 working days of receipt of the complaint, (though in practice this is often sooner).

To make a complaint about noise please contact the Environmental Protection Team.

Details needed will include the name, address and telephone number of the complainant, details of the complaint and the name and address of the person and premises resulting in the complaint. Information on any action already taken and the outcome will also be requested.

Back to the top

Investigation of complaint

Anonymous Complaints will not normally be invetigated.

The complainant will always be asked whether he/she has attempted to resolve the problem by other means.

In view of the large number of complaints made to the Council, as a preliminary step the Council will generally (depending on the urgency of the matter) write to the alleged perpetrator in nuisance complaints. This will explain the nature of the complaint and asking for action to remedy the situation (a copy of this policy will also be enclosed). Experience has shown that this action is often sufficient to resolve the problem.

In cases where there is a potential public health problem it may be more appropriate to make an initial visit to assess the problem, i.e. drainage or accumulations. In these cases this will be done.

In cases of nuisance a copy of this policy will be sent to the complainant, who will to be asked to note details of the nuisance and will be sent record forms for completion. It is important that these are filled in accurately. The complainant will be told the name and telephone extension number of the officer dealing with the complaint.

The complainant's anonymity will be respected by Council staff. There may be cases, however, where the perpetrator will be aware of the identity of the complainant via previous discussions between the two parties or due to the prevailing circumstances.

If the above action is unsuccessful or inappropriate (due to the urgency of the matter) the investigating officer will contact the complainant. They will arrange to carry out an appropriate investigation that may involve monitoring visits to gather evidence of the alleged problem. This will be particularly true in cases of nuisance. In some circumstances attempting to monitor maybe so difficult that there is little point in undertaking it. In these cases the complainant will be advised to the reasons why.

If the nuisance is witnessed at the time of a visit the officer will, after full assessment of the case (reference will be made to other visits, diary evidence etc.), make a judgement as to whether the nuisance is a statutory nuisance. It is often, however, necessary to witness the nuisance a number of times to enable a decision to be made.

If the nuisance is not witnessed by the investigating officer at the first attempt then two further visits will be made. The complainant's diary may be essential to enable action to be taken and used as evidence of the extent of the problem. Failure or refusal to complete a diary is likely to limit the action that can be taken.

If the officer has not been able to witness the nuisance after the three visits or if the nuisance witnessed is not considered to be a statutory nuisance, the complaint will be informed:

of the action already taken to investigate the complaint;
that the Council is unable to take any further action;
how to take their own action in the Magistrates' Court under Section 82 of the Environmental Protection Act 1990.

With respect to public health issues, an assessment is made on the information given during the initial conversation or during any investigation. If it is not a matter than can be addressed by the Department the complainant will be informed:

of the action already taken to investigate the complaint;
that the Council is unable to take any further action;
and where appropriate any advice on any other statutory body that maybe able to help.

In the first instance when a nuisance or public health problem is identified, the person responsible for remedying the nuisance will be contacted. Depending on individual circumstances either:(a) a statutory notice will be served under the relevant legislation; or(b) a written warning will be given.The Notice for nuisance can require that the nuisance stops or prohibits or restricts its recurrence, and can require works or other steps to be taken to achieve this. If work is to be carried out a reasonable time must be given. In the case of a smoking bonfire for example, the notice can take immediate effect. There is a right of appeal to the Magistrates' Court against a Notice. Complainants will be expected to give evidence if this happens (at this point their anonymity will obviously be lost).

The Notice for public health usually requires works to be undertaken, e.g. removal or rubbish or the repair of a private drain/sewer. A reasonable time must be given. There is a right of appeal to the Magistrates' Court against a Notice. It the Notice is not complied with then in most circumstances where there are public health problems the work will be undertaken by the Council, and the costs charged on to the recipient of the notice with an additional 25% administration charge.

Failure to comply with a notice is an offence and the person responsible for the nuisance may be prosecuted. Witnesses are needed for a prosecution to take place and the complainant may be asked to appear in Court. The Council will not force anyone to appear on its behalf but it may be difficult to take a successful case without such evidence. It may be necessary for a further diary of events to be kept.

Back to the top

Departures from this policy

If there is a need to depart from the procedure or targets laid down in this document, complainants will be told what will be different and given a reason why.

Human Rights Act 1998

The Council will have due regard to the human rights implications of their activities and decision making while investigating complaints. Particular reference will be given to Articles 6, 8 and 14.

If you have any queries regarding the policy for dealing with general complaints and would like to see a copy of our noise policy please do not hesitate to contact us.

Back to the top