Difference between revisions of "Introduction to Public Complaints (5:I)"

= Steps to Take =

Disputes with government agencies can often be resolved through informal communication.  Agencies often make initial decisions based on misperceptions, without all relevant information.  Sometimes the most difficult part of an advocate’s job is to locate the person making the decision or someone in a position to review the decision.  Before pursuing more drastic (and often expensive) avenues, try to locate this person and ensure that they have been provided with all relevant information.

Most government agencies have some sort of formal review process.  For some agencies there is little difference between formal and informal review, while others have sophisticated, published processes that closely resemble courtroom procedure.  Whatever the problem is and whichever government player is involved, be sure to research the review process before launching a formal appeal.  Factors such as cost, location of the hearing, type of submissions heard, and evidence required will all affect the choice of whether or not to pursue a resolution through the formal review process.

'''NOTE: Pay attention to time limits.''' Many worthy cases have been lost because an advocate failed to pay proper attention to limitation periods.  Some limitation periods are very short.   

If launching an internal review fails to solve an issue, an individual can either apply for judicial review or contact the BC Ombudsperson.  Both of these options can be pursued at the same time, but one option may be preferable to the other in certain circumstances.  Generally speaking, individuals will be looking to resort to the courts through a judicial review, which will actually render a binding decision on a case.  The Ombudsperson is generally to be contacted only where an individual does not have a legal cause of action, but still wants to change a part of a government body’s structure that leads to unfairness.