Filing external complaints can take a long time BUT there are a few options to help speed things up.
There are a lot of people filing complaints. Some of them are about being overcharged on bills from the government, to city bylaws, to very serious, immediate risks related to shelter. There are a large variety of types of complaints. For complaints that involve children who are currently experiencing harm, there are ways to speed up the process.
Ombudsperson BC
So how long does it take? According to their annual report 2023-2024 p. 99
53% of the files were closed within 30-90 days.
98% of the files were closed within one year.
What many people don’t know about is the early resolution option. They have an early resolution team. “Early Resolution team can quickly resolve
a complaint by doing an expedited investigation of the public body the complaint is about.” (p. 19) If you are currently dealing with issues, like the school is ignoring you, then this can be a quick intervention to get the conversation flowing again.
I highly encourage you to ask if this is an option. Especially if your issue is time-sensitive.
Teachers Regulation Branch
This process is currently at 10-12 months for everything to be completed. 3-5 days for your complaint to be accepted and sent out to the educator.
If you have an urgent physical or psychological safety concern about an education staff person, you will get a faster response from the Superintendent than you will through the TRB branch.
BC Human Rights Tribunal
Acceptance of complaints is currently at 12-18 months. On their automatic email response, they state:
“The tribunal is completing its review of complaints filed in 2023. We expect to begin reviewing cases filed in 2024 in the fall of 2025”
Now, before you fall off your seat, let me explain the fast-tracking option.
You can apply to fast-track your complaint if it’s urgent. An example listed on the BCHRT website fast-tracking page is this:
“The complaint is about a child’s education. The child will not graduate this year, without a fast solution.”
So it needs to be something that your child is experiencing harm with NOW. Like exclusion, or not getting their accommodations now. If you pulled your child and they are at a different school and you just filed about discrimination they experienced but are no longer experiencing, unfortunately, you will need to go through the long wait.
Fast-tracking is about speeding up the process at any time during your complaint. So you could file the fast-tracking application when you file your human rights complaint, or if you are in the process and needs become urgent, you can still file a fast-tracking application at any time.
When you file a fast-tracking application, and it gets accepted as that, they aren’t kidding. Things move fast. It’s days or a couple of weeks till you will find out.
Here is the page about fast-tracking. You will need to read this page to know how you will need to make your argument. You will be filing out a general application form. On the home page, they have the FORMS tab and you will be filing out the 7.1 general application form. Fast-tracking is on the list that you tick off.
I encourage people to consider the fast-tracking option. The worst thing will be you will be told no. But you may be surprised by how fast and willing they are to accept your application when it comes to children and education.
OIPC
It will be about 3-5 months before you are connected to an investigator. It can take about a month to find out if your complaint has been accepted. If your case goes to an adjudicator, it can take about a year from the time you are told it is moving onto the next step. Though for your file to reach an inquiry, it’s not too common.
There isn’t a fast-tracking option that I am aware of, but if you urgently need this information, always ask.
Section 11 Appeal
This is an internal complaint system, as you are appealing a decision made by the district to the Board of Education. But this process has a firm timeline attached to it.
From the School Act
11 (7)A board must
(a)make a decision under this section within 45 days of the date on which the board receives the appeal, and
(b)promptly report that decision to the person making the appeal.
** Always Ask
The external complaints systems are not always processing urgent complaints, or complaints for children or vulnerable people. One complaint I read about was about someone’s neighbour doing something they didn’t like.
Complaints that involve children in education, especially if the harm is continuing, require a faster reaction. Always ask. Always express the urgency of what you are dealing with. Ombudsperson and the BC Human Rights Tribunal both have processes to prioritize more urgent requests.
I find the wait time for these processes are currently working at to be a barrier in itself. Access delayed is access denied. The wait times can be daunting for some people. The BC HRT is currently working on how to speed up their process, so hopefully, we will see some movement.
If your issue is time sensitive, when you file your complaint with any of these complaint systems, highlight that it is time sensitive and ask them if there are any ways to speed up the process.