Complaints policy

Remedies policy

If we determine that Islington Council was at fault and uphold your complaint, we will take prompt action to restore you to the position you would have been in had the issue not occurred. This should be done at the earliest opportunity, with our staff empowered to offer an appropriate remedy at any stage of the complaints process.

This section outlines our approach to remedies when resolving complaints, ensuring that we are fair, proportionate, and consistent in providing suitable solutions where complaints reveal fault, injustice, or service failure.

Finding the right remedy

The remedy we offer should be appropriate and proportionate to the fault and injustice identified through your complaint.

These are the types of remedy we may offer:

• apology and explanation – a sincere apology and clear explanation of what went wrong from the relevant officer and information about the practical steps we will take to stop the fault from re-occurring. This is usually appropriate when you have a strong reaction of anger to our fault, but you have not directly lost out.
• practical remedies – actions to correct the issue (such as repairs, service reinstatement, a new Care Act Assessment). For example, if a room has been damaged because we failed to repair a leak in a neighbouring property, redecorating the room would be an appropriate remedy.
• financial remedy – a monetary payment to acknowledge impact. This may be to reimburse direct costs incurred by you, or a symbolic payment to recognise the distress or difficulties you have experienced.

There are some remedies we can’t offer, for example:

• demands for compensation – if that is your primary goal, we will advise you to seek legal advice instead
• details of any disciplinary measures against council staff because of your complaint
• reimbursement for loss of earnings, annual leave, or any other absence because of issues related to your complaint
• personal injury, damage to property and personal items or theft – this should instead be claimed under any applicable insurance policy
• costs to the estate of deceased – we will only reimburse clear financial losses and not symbolic payments related to deceased individuals

Apology and explanation

An apology that accepts we got things wrong, recognises the impact this had on you, and explains what we will do differently next time is often a suitable remedy for a complaint.

If we do apologise, you can expect our apology to be:

• timely – we will either speak with you in person or send our apology in writing as soon as we determine that we were at fault
• authoritative – our apology will be made by the relevant officer responsible for taking any corrective action
• specific – our apology will directly address your complaint and the poor experience you encountered
• clear language – we will avoid jargon and ensure our apology is written or spoken in plain language. We will consider any reasonable adjustments you have requested in how we deliver our apology.
• accountable – we will take ownership of our mistakes and explain what we will do to put things right
• sincere – we will genuinely apologise and demonstrate that we have learned from your complaint to prevent the same mistakes from happening again

Reimbursement for expenses

We may consider reimbursement of expenses where the expenses are reasonable, evidenced and proportionate, and where the reimbursement is necessary to restore you to the position you would have been in had the fault not occurred.

Examples of reimbursable expenses include:

• travel costs to attend meetings or appointments that were necessary due to the fault
• costs of temporary accommodation or care services that had to be arranged privately due to service failure
• legal or professional fees, but only in exceptional cases and where we agree these were necessary and proportionate

Symbolic payments

There are some circumstances where it is not possible to reverse the effects of a mistake, and in these cases, a symbolic payment may be appropriate. Symbolic payments are non-compensatory and do not equate to legal damages or financial loss.

We may offer a symbolic payment in addition to any apology, practical remedy, or financial reimbursement to acknowledge the distress or difficulties you have been put through because of anything we may have done wrong.

We may consider the following types of symbolic payments:

• distress
• time and trouble
• delay
• failure to provide a service
• unsuitable accommodation
• risk of harm

These are not automatic entitlements. We will consider the most appropriate and proportionate remedy on a case-by-case basis. Evidence will be required.

In general, the amount offered will be based on the following thresholds:

• low – up to £300 for minor fault and injustice, for example minor delays, poor communication
• moderate – £301 to £999 for repeated errors and moderate distress
• severe – £1,000 or more for significant harm and prolonged distress

The range specified is not an arbitrary ceiling, and we may offer more depending on the severity of fault, the level of injustice, the impact it has had on you, and the time taken to remedy your complaint.

Offering financial payments

If we offer any payment to reimburse costs or as a symbolic payment, we will specify the total sum offered.

You will have up to one calendar month to accept the offer. We will consider any extenuating circumstances on a case-by-case basis.

Accepting any payment does not stop you from escalating your complaint to the relevant ombudsman service should you remain unhappy with the outcome.

We may exercise our discretion in offsetting any payment we make against any monies you owe to the council, unless the payment is symbolic.

Decision making process

Any officer involved in your complaint will be empowered to offer a suitable remedy, ensuring a quick resolution that benefits both you and us. This does not necessarily mean a financial remedy is always appropriate.

After completing our investigation, we will suggest an appropriate remedy with reasons. If you disagree, you can escalate your complaint to stage two which will be the final stage of the complaints process. If you remain dissatisfied, you may then refer your complaint to the relevant Ombudsman.

Recording and reporting

We will document remedies related to complaints and include them in our annual complaints report. This report will detail the value of any expenses reimbursed or symbolic payments made during the reporting year.

Learning and improvement

Complaints are a valuable learning tool. When mistakes occur, we take proactive steps to prevent them from happening again. Whenever possible, we will inform you of any changes or service improvements made because of your complaint.