Parliament Workbench
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Official Report · Committee

New Petitions

Local Authority Complaints Body (PE1659)

Thursday 21 September 2017 Public Petitions Committee About 09:00 Petitions 13 contributions · 5 speakers

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The record

13 contributions
Johann Lamont Lab The Convener · Glasgow
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Agenda item 2 is consideration of new petitions. As members will recall, the committee agreed at last week’s meeting to defer consideration of six new petitions to today’s meeting.

The first new petition is PE1659 by Bill Tait, which calls on the Scottish Parliament to urge the Scottish Government to create an independent body with a remit to make findings of fact in complaints involving local authorities. Members have a copy of the petition and a Scottish Parliament information centre briefing.

The background information to the petition outlines concerns relating to the manner in which different councils handle similar issues, and the petitioner suggests that that might result in a

“lack of equity in the treatment of the Scottish people.”

The petition also comments that the current routes to making council complaints do not have

“the teeth to set in motion action to bring parity and justice”

to council complaints across Scotland.

Do members have any comments or suggestions for action?

Angus MacDonald SNP Falkirk East
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You will have to excuse me, convener—I think that I have come down with the lurgy or something.

I am sure that we have all been contacted by constituents frustrated with the way in which our local authorities operate, and the Scottish Public Services Ombudsman does not always provide a satisfactory route for addressing those issues. The petitioner reflects the views of quite a number of people who have contacted me in the past with regard to local authority complaints, and I am certainly keen to see the petition move forward.

Rona Mackay SNP Strathkelvin and Bearsden
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I agree. This is someone who is challenging the status quo, and it would definitely be worth taking forward the petition to find out the opinion of the Government and various stakeholders. It is a really interesting petition, and we should take it forward.

Brian Whittle Con South Scotland
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I think that many of my constituents will be very interested in this petition.

Michelle Ballantyne Con South Scotland
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I think the same. The petition looks at what happens with outcomes, while others tend to narrow things down. As a result, I would really like to take it forward.

Johann Lamont Lab The Convener · Glasgow
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The petition raises an interesting argument about putting in place this kind of independent body versus having democratic accountability at a local level, which, inevitably, will mean that different places are different. There is also the fact that people’s degree of satisfaction with a decision sometimes depends on the extent to which the decision was the one that they wanted. We are all like that—it is entirely natural—but I suppose that it would be interesting to identify the fundamental principles with regard to fairness in the treatment of complaints.

Michelle Ballantyne Con South Scotland
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I do not think that the process need necessarily be identical—I would not like to see it set in stone—but, as with common law, there would need to be a degree of consistency. If someone was not happy with something, the issue in question would need to be tested against what other people were doing. That is what this proposal is really about, instead of nailing it to an absolute and saying that everybody must do exactly the same thing. There needs to be checks and balances.

Johann Lamont Lab The Convener · Glasgow
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The ombudsman process can often be frustrating for people, because it looks only at the handling of the complaint rather than at the fundamental underlying issues.

I think that it has been suggested that we write to the Scottish Government. I believe that you mentioned other stakeholders, Rona. Whom would you suggest?

Rona Mackay SNP Strathkelvin and Bearsden
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The Convention of Scottish Local Authorities would definitely need to be consulted, along with the Equality and Human Rights Commission, Citizens Advice Scotland and anyone else who might have an interest.

Michelle Ballantyne Con South Scotland
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I do not know whether there is a specific advocacy support organisation that we could write to. Those sorts of organisations might have a view, as they often get involved in supporting this kind of thing.

Johann Lamont Lab The Convener · Glasgow
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It would be useful to get the views of local government officials who manage the process and hear how they deal with complaints, but I do not know what the appropriate representative body would be. Obviously, there is COSLA, but I am just thinking about officials. It would not be the education body, but you know what I mean—it would be the body that represents not quite the chief executives but the folk who have to deal with complaints.

Rona Mackay SNP Strathkelvin and Bearsden
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It might be worth getting the ombudsman’s view, although I guess what it would have to say would be fairly predictable. Nevertheless, we should consult it, given that we are talking about it.

Johann Lamont Lab The Convener · Glasgow
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Indeed. I think that the Society of Local Authority Chief Executives and Senior Managers is the body for the chief executives. It would be interesting to hear from it, given that its members have to manage complaints and the administrative process.

There are issues here that we can take forward and the committee clearly regards the petition as an interesting area to explore. Are members agreed?

Members indicated agreement.

  1. 09:00 Decision on Taking Business in Private Procedure · 1
  2. 09:00 New Petitions Petitions · 13
  3. 09:00 New Petitions Petitions · 11
  4. 09:00 New Petitions Petitions · 17
  5. 09:00 New Petitions Petitions · 11
  6. 09:00 New Petitions Petitions · 15
  7. 09:00 New Petitions Petitions · 10
  8. 09:45 New Petitions Petitions · 14
  9. 10:00 Continued Petitions Petitions · 13
  10. 10:00 Continued Petitions Petitions · 4
  11. 10:15 Continued Petitions Petitions · 5
  12. 10:15 Continued Petitions Petitions · 10
  13. 10:15 Continued Petitions Petitions · 11
  14. 10:30 Continued Petitions Petitions · 18
  15. 10:30 Continued Petitions Petitions · 10
  16. 10:30 Continued Petitions Petitions · 7
  17. 10:45 Continued Petitions Petitions · 17
  18. 10:45 Continued Petitions Petitions · 8
  19. 10:45 Continued Petitions Petitions · 6

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