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 [[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.
{{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.


== First steps ==
== First steps ==


# Make notes of the names of the officials you deal with, their actions and the relevant dates.
#Make notes of the names of the officials you deal with, their actions and the relevant dates.
# Keep copies of all relevant documents.
#Keep copies of all relevant documents.
# If your complaint is about a decision, get reasons for the decision.
#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 decision. 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 action you are complaining about. (See [[Ombudsman]] in the [[Resource List]] for contact 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 [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.)


== What happens next ==
== What happens next ==


You will be contacted by a worker from the Office of the Ombudsman to discuss your complaint. If the complaint proceeds, the public agency will be notified and asked to respond. If this does not resolve the complaint, the Office of the Ombudsman will 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.
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 Ombudsman does not have the authority to order a public agency to take certain action. However, because the Ombudsman reports directly to the BC Legislature, agencies usually do not ignore the Ombudsman'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.


If you are not happy with the investigation, you can contact the Manager of Investigations at the Ombudsman's office.
If you are not happy with the investigation, you can <span class="noglossary">contact</span> the Manager of Investigations at the Ombudsman's office.


{{Tipsbox
{{Tipsbox
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== Where to get help ==
== Where to get help ==


See the [[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 Ombudsman 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://bit.ly/y6xyFr Public Complaints Procedures]".
*The ''Law Students' Legal Advice Program Manual'' chapter on "[http://bit.ly/y6xyFr Public Complaints Procedures]".
* [[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers]].
*[[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.


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.  
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.  

Revision as of 19:07, 13 April 2013

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 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.

First steps[edit]

  1. Make notes of the names of the officials you deal with, their actions and the relevant dates.
  2. Keep copies of all relevant documents.
  3. If your complaint is about a decision, get reasons for the decision.
  4. Ask if the agency has its own process for reviewing or appealing the decision. If so, use it.
  5. If you are not satisfied with the agency's complaint resolution, complete and send in a complaint form within one year of the action you are complaining about. (See Ombudsman in the Resource List for contact and website information on the BC Ombudsman complaint process.)

What happens next[edit]

You will be contacted by a worker from the Office of the Ombudsman to discuss your complaint. If the complaint proceeds, the public agency will be notified and asked to respond. If this does not resolve the complaint, the Office of the Ombudsman will 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 Ombudsman does not have the authority to order a public agency to take certain action. However, because the Ombudsman reports directly to the BC Legislature, agencies usually do not ignore the Ombudsman's recommendations.

If you are not happy with the investigation, you can contact the Manager of Investigations at the Ombudsman's office.

Tipsandnotes.png
The Ombudsman may refuse to investigate if you have not used an internal review process. For example, many decisions 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.

Where to get help[edit]

See the Resource List for a list of helpful resources. Your best bets are:

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.

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.