Difference between revisions of "A Provincial Government Worker Was Abusive to Me"
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{{Template:Legal Help Guide TOC}}If you believe that a decision or action of a provincial public agency has been unfair, rude, unduly slow, negligent, arbitrary, oppressive or unlawful, you can make a complaint to the | {{Template:Legal Help Guide TOC}}If you believe that a <span class="noglossary">decision</span> or <span class="noglossary">action</span> of a provincial public agency has been unfair, rude, unduly slow, negligent, arbitrary, oppressive or unlawful, you can make a complaint to the [[Ombudsperson|Office of the Ombudsperson]]. The Ombudsperson can deal with complaints about provincial government ministries, municipal and regional governments, Crown corporations and government boards. It can also deal with complaints about the following public agencies: | ||
* British Columbia government ministries, including complaints regarding income assistance and the Family Maintenance Enforcement Program; | |||
* Crown corporations such as ICBC and BC Hydro; | |||
* government boards such as WCB and the BC Human Rights Tribunal; | |||
* hospitals, health authorities, and health-related agencies such as Medical Services Plan and Pharmacare; | |||
* schools and school districts; | |||
* universities and colleges; | |||
* local governments; and | |||
* professional associations such as the Law Society and the College of Physicians and Surgeons. | |||
The Office of the Ombudsperson does not have jurisdiction to investigate complaints involving federal government ministries or programs, private corporations, the courts or the police. | |||
== First steps == | |||
== | #Make notes of the names of the officials you deal with, their actions and the relevant dates. | ||
#Keep copies of all relevant documents. | |||
#If your complaint is about a <span class="noglossary">decision</span>, get reasons for the <span class="noglossary">decision</span>. | |||
#Ask if the agency has its own process for reviewing or appealing the <span class="noglossary">decision</span>. If so, use it. | |||
#If you are not satisfied with the agency's complaint resolution, complete and send in a [https://bcombudsperson.ca/complaints/make-online-complaint complaint form] within one year of the <span class="noglossary">action</span> you are complaining about. (See [[Ombudsperson]] in the [[Resource List for Legal Help for British Columbians|Resource List]] for <span class="noglossary">contact</span> and website information on the BC Ombudsperson complaint process.) You can also file a complaint by telephone between the hours of 8:30 am and 4:30 pm, Monday to Friday: 1-800-567-3247. | |||
== What happens next == | |||
== | The Office of the Ombudsperson will first assess your complaint to determine whether or not it falls within the jurisdiction of the Ombudsperson. You <span class="noglossary">will</span> then be contacted by a worker from the Office of the Ombudsperson to discuss your complaint. If the complaint proceeds, the public agency <span class="noglossary">will</span> be notified and asked to respond. If this does not resolve the complaint, the Office of the Ombudsperson <span class="noglossary">will</span> conduct a further investigation and may make recommendations to the agency and, if necessary, to the legislature. For the most serious issues, the Ombudsperson may issue a public report. | ||
The Office of the Ombudsperson does not have the authority to <span class="noglossary">order</span> a public agency to take certain <span class="noglossary">action</span>. However, because the Ombudsperson reports directly to the BC Legislature, agencies usually do not ignore the Ombudsperson's recommendations. | |||
In any given case, the Ombudsperson may: | |||
* provide you with information about what steps to take to resolve a complaint; | |||
* resolve your complaint through consultation; | |||
* investigate your complaint about administrative unfairness; | |||
* make recommendations to a public authority; or | |||
* issue a report to the Legislative Assembly. | |||
If you are not happy with the investigation, you can contact the Manager of Investigations at the | If you are not happy with the outcome of the Ombudsperson's investigation, you can <span class="noglossary">contact</span> the Manager of Investigations at the Ombudsperson's office. | ||
{{Tipsbox | |||
| width = 70% | |||
| tips = The Ombudsperson may refuse to investigate if you have not used an internal review process. For example, many decisions [[I have been denied or cut off welfare|denying welfare benefits]] can be reviewed and repealed under the ''Employment and Income Assistance Act''. Use that review/appeal process first before going to the Ombudsperson. | |||
}} | |||
== Where to get help == | == Where to get help == | ||
See the [[Resource | See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are: | ||
* [[ | *[[Ombudsperson]], including the Ombudsperson website, which has "useful contacts" to make complaints about nongovernmental service providers such as lawyers, doctors and banks. | ||
* | *The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]." | ||
* [[Access | *[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]]. | ||
Your local MLA (Member of the BC Legislative Assembly) may also be willing to help with your complaint against a BC public agency. Call Enquiry BC at 1-800-663-7867 for contact information for your MLA. | Your local MLA (Member of the BC Legislative Assembly) may also be willing to help with your complaint against a BC public agency. Call Enquiry BC at 1-800-663-7867 for <span class="noglossary">contact</span> information for your MLA. | ||
Your | Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case. | ||
{{REVIEWED | reviewer = [[Neil Chantler]], April 2017}} | |||
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