Document
Complaints policy
1. Introduction
1.1 The council aims to provide quality services, but sometimes things go wrong, and we encourage customers to tell us when this happens so we can quickly put things right, learn from our mistakes and improve our services.
1.2 This policy includes a Council-wide system for responding to formal complaints. It is intended:
- to enable you to know how to complain and to understand the way in which your complaint will be handled
- to enable staff to be confident about what to do when they receive a complaint
- to ensure that everyone is treated fairly
- to enable the Council to learn and to see how services can be improved.
2. What is a complaint?
2.1 A complaint is:
An expression of dissatisfaction that requires a response, about the standards of service, action or lack of action by the Council, its staff or those acting on its behalf affecting an individual or group of individuals.
3. What is not a complaint?
3.1 The following are not complaints:
Service Requests - a request that the organisation provides or improves a service, fixes a problem or reconsiders a decision. This includes matters such as a missed bin collection which should be reported online via the council’s website.
"Statutory" representations - in connection with planning applications, licensing applications, local development schemes and documents, or formal consultation exercises.
When there are rights of appeal - These can include appeals against:
- a planning decision
- a Housing Benefit or Council Tax decision
- a Penalty Charge Notice or Fixed Penalty Notice (parking ticket)
- a homeless decision
- an ASB Case Review
- Personal Data and Information complaints
When legal action has started - This includes where the matter has already been heard by a Court or tribunal, either the customer or the council has started legal proceedings, or taken Court action (this does not include where the customer has only threatened legal proceedings against the council).
Complaints about council policies - In these cases, customers should contact their local Ward Councillor or the Member responsible for the policy they are unhappy about. Exceptions may be made if the policy has a significant direct impact on the complainant.
Complaints about councillors - Complaints about the conduct of councillors are dealt with under the “Code of Conduct Complaints Procedure” which is available on our website. However we may deal with a complaint about how these complaints were considered and/or investigated under the Code.
Complaints involving insurance claims against the council – These will be directed to the Councils insurance officer.
When the complaint is over 12 months old - Exceptions may be made if there is a good reason to do so.
Complaints that have already been investigated - through the council’s complaints procedure or by the Local Government & Social Care Ombudsman.
Complaints from members of staff - relating to personnel matters.
Other organisations – matters that should be investigated by organisations such as the police.
Anonymous complaints – It is not possible to consider the impact on the individual raising the complaint nor identify whether there are any conflicts of interest or other ongoing action such as appeals or court action.
3.2 If we decide not to accept a complaint, an explanation will be provided to the customer, setting out the reasons why the matter is not suitable for the complaints process and the right to take that decision to the Local Government & Social Care Ombudsman.
4. Complaints against the Chief Executive
4.1 The consideration of complaints against or allegations of misconduct by the Chief Executive will be undertaken by the Head of Legal and Democratic Services in accordance with the councils constitution.
5. Complaints about contractors
5.1 If a contractor has its own complaints procedure, customers have the right to access and use it. If the complaint to the contractor is not answered or fulfilled than this can be escalated to the council. Customers can also complain directly to the Council in the first instance.
6. Before making a complaint
6.1 Before making a complaint, customers are encouraged to get in touch with the relevant service to let them know about their concern. It may be the problem can be resolved quickly without using the Complaints Policy. Contact information for all service areas is available on the councils website.
7. How to complain
7.1 Complaints can be made:
- Online via the councils website.
- By email (complaints@horsham.gov.uk).
- In writing.
- In person.
- By telephone.
- Through a representative or advocate such as a family member, friend, solicitor, Citizen’s Advice Bureau etc. However consent must be provided to the council to act on the complainants behalf.
- Via Social Media.
8 Making a complaint
8.1 Stage 1 – Complaints will be investigated by the relevant Head of Service or delegated to the most appropriate officer.
8.2 Stage 2 - If the complaint is not resolved at stage 1 you may ask for the matter to be reviewed by the relevant Director.
8.3 We generally expect individuals to ask to escalate complaints to stage 2 of the complaint process within 20 working days of receiving our stage 1 response. However, we understand that this is not always possible and therefore, we will generally accept requests to escalate complaints to stage 2 which are made within six months of receiving our stage 1 response. Exceptions may be made if there is a good reason for the delay in line with any guidance issued by the LGSCO.
8.4 Customers are not required to explain their reasons for requesting a stage 2, however it is helpful if they can explain why they are dissatisfied with the Stage 1 response and what they would like from the review.
8.5 There may be occasions when we consider the matter has been exhausted at Stage 1 and any further investigation would not change the outcome or decision. In such cases we will clearly state the reasons for not escalating the complaint and provide the contact details of the Local Government and Social Care Ombudsman.
8.6 The council is committed to ensuring the way we work does not place people who require assistance at a disadvantage when accessing our services. We will consider each request individually, aiming to agree and provide appropriate reasonable adjustments when they are needed and in compliance with the Equality Act 2010.
9. Timescales
9.1 Complaints will be acknowledged within five working days.
9.2 Stage 1 responses will be sent within 10 working days from the date of the acknowledgement.
9.3 Stage 2 responses will be sent within 20 working days from the date of the acknowledgement.
9.4 Some complaints may need longer to investigate and where this is the case a holding response will be sent explaining the reason for the delay and when a full response will be issued. Any extension will be for no more than 10 working days at stage 1 and 20 working days at stage 2.
9.5 In the event of an extension being necessary the customer will be advised of the contact details of the Local Government & Social Care Ombudsman.
9.6 Responses to complaints will always be in writing usually by email but if requested by letter.
10 What the council can do in response to a complaint
10.1 The responses sent at both stage 1 and 2 will include whether the complaint has been Upheld, Partially Upheld or Not Upheld.
10.2 If a complaint is Upheld or Partially Upheld it may be resolved in a number of ways, taking into account the type of service failure. Remedies may include:
- Apologising;
- Acknowledging where things have gone wrong;
- Providing an explanation, assistance or reasons;
- Taking action if there has been delay;
- Reconsidering or changing a decision;
- Amending a record or adding a correction or addendum;
- Providing a financial remedy;
- Changing policies, procedures or practices.
10.3 If the complaint is not upheld, the customer will be informed of the council's view, which should set out clearly, fully and sympathetically the reasons for the decision.
10.4 Customers will be told how to take their complaint further if they are unhappy with the decision. At Stage 1 this would involve telling them how to make a Stage 2 complaint and at Stage 2 about how to contact the Local Government & Social Care Ombudsman.
11. The Local Government and Social Care Ombudsman
11.1 Customers have the right to contact the Local Government and Social Care Ombudsman at any stage of their complaint, although the Ombudsman may suggest they go through all the stages of this complaints procedure before they investigate.
11.2 The Ombudsman Service is free, independent and impartial and full information on their service can be found on their website the details of which are set out below:
- Telephone: 0300 061 0614
- Website: www.lgo.org.uk
12. Managing unreasonable actions
12.1 While complaints are always welcomed, the actions of some customers may be considered unreasonable, and this takes up a disproportionate amount of council resources and can hinder the council’s consideration of their or other people’s complaints.
12.2 Unreasonable actions may include persistent contact and unreasonable demands, while the complaint is being investigated, or once all the complaints stages have been exhausted. Where behaviour is considered unreasonable the appropriate action will be taken in accordance with the councils “Managing Unreasonable Actions Procedure”.
12.3 The Council reserves the right to refuse to consider a complaint if it is deemed unreasonable and in such exceptional circumstances will provide the contact details of the Ombudsman.
13. Publication
13.1 This policy has been prepared based on the “Complaint Handling Code” issued by the Local Government & Social Care Ombudsman. The policy will be publicised on the councils website.