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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 <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 [[Ombudsman|BC Ombudsman]]. The Ombudsman can deal with complaints about provincial government ministries, municipal and regional governments, Crown corporations and government boards. It can also deal with complaints about hospitals, health agencies, schools, colleges, universities and self-regulated professions such as the Law Society of BC, College of Physicians and Surgeons, and Registered Nurses Association of British Columbia.
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 [https://www.bcombudsperson.ca/ 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 ==
== First steps ==
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#If your complaint is about a <span class="noglossary">decision</span>, get reasons for the <span class="noglossary">decision</span>.
#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.
#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 [http://www.ombudsman.bc.ca/how-to-make-a-complaint complaint form] within one year of the <span class="noglossary">action</span> you are complaining about. (See [[Ombudsman]] in the [[Resource List for Legal Help for British Columbians|Resource List]] for <span class="noglossary">contact</span> and website information on the BC Ombudsman complaint process.)
#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 ==
== What happens next ==


You <span class="noglossary">will</span> be contacted by a worker from the Office of the Ombudsman 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 Ombudsman <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 Ombudsman may issue a public report.
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.  


The Ombudsman 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 Ombudsman reports directly to the BC Legislature, agencies usually do not ignore the Ombudsman'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 <span class="noglossary">contact</span> the Manager of Investigations at the Ombudsman's office.
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
{{Tipsbox
| width = 70%
| width = 70%
| tips = The Ombudsman 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 Ombudsman.
| 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 Ombudsman.
}}
}}


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See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:
See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are:
*[[Ombudsman]], including the Ombudsman website, which has "useful contacts" to make complaints about nongovernmental service providers such as lawyers, doctors and banks.
*[[Ombudsman]], 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]."
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1740 Public Complaints Procedures]."
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].