Complaints policy

The complaints process

We operate a two-stage process for complaints managed under this process.

We do not operate an informal complaints process and will formally log any complaint that meets our definition.

Where possible, we will try and resolve your complaint as quickly as possible in accordance with the principles of quick resolution as set out in this policy. This means that not all complaints will require a full investigation and not all complaint responses will include a finding beyond ‘resolved’.

In some cases, it may be appropriate to go straight to stage 2 of the process, bypassing stage 1 altogether. This would usually be the case if:

• your complaint is about senior officers in the organisation
• your complaint refers to incomplete actions we promised to deliver when resolving a previous complaint
• your complaint is the same or similar to a previous stage 1 complaint raised in the last six months but the same or similar issues have re-occurred

Stage 1

Acknowledgement

We will review and formally acknowledge your complaint within five working days (excluding weekends and bank holidays) of it being received by us. Complaints received after 5pm Monday to Friday will be treated as received the next working day.

Before we send our acknowledgement, we will usually attempt to contact you to confirm our understanding of your complaint and the outcome you are seeking. This is to enable quick resolution where proportionate and to reduce the need for a full investigation. This contact will not delay our acknowledgement, which will still be sent within five working days of us receiving your complaint.

If we don’t understand your complaint and we have not been able to clarify your complaint with you either verbally or in writing, we will close your complaint on the basis that there is insufficient information for us to respond. We will signpost you to stage 2 where you will have a further opportunity to explain your reasons for complaining.

If we believe that your complaint should instead be handled as a service request, we will forward your complaint to the relevant service area and not progress your complaint further. If we later decide that the service request should instead be handled as a complaint, we will then acknowledge your complaint. The timescales for responding to the complaint in this instance will run from the date we identified the complaint, rather than the date the initial service request was received.

If we don’t accept your complaint for any reason, we will explain why and give you information about your right to take our decision not to investigate to the Ombudsman or the Building Safety Regulator and provide the relevant contact details.

If we accept your complaint, we will advise who will respond to your complaint and when you can expect a response by.

If you are making a complaint on behalf of someone else (e.g., a carer, advocate, solicitor), we will:

• still acknowledge your complaint within five working days
• request appropriate consent or legal authority for you to act on behalf of the person affected, unless you have already provided this
• put the process on hold until we receive the relevant consent or authority

If consent is not received within a reasonable period (normally 20 working days), we may close your complaint, but we will inform you of this and give you a final opportunity to provide consent before closure.

Quick resolution

If after contacting you to discuss your complaint and we come to a resolution that resolves your complaint, we will send a stage 1 response setting out what we agreed with a finding of ‘resolved’.

In this instance, we will not decide if we acted with fault.

Investigation

If we can’t resolve your complaint quickly but it is about a minor issue that had little impact on you or the wider public, we will investigate your complaint and send a stage 1 response that:

• explains the relevant law and council processes
• decides if we were at fault
• acknowledges any fault and offers a suitable remedy

We will pass on the issues you raised to the relevant service area as feedback.

Complex cases

If your complaint can’t be resolved quickly and any potential fault may have had a significant impact on you, the person you’re complaining on behalf of, or the wider public, we may complete a more detailed investigation.

This may require us collating evidence and arranging interviews with you and any staff involved.

We will gather evidence proportionately, including call recordings or contemporaneous telephone notes, relevant emails, letters and case records, or witness statements from you, staff and any third parties. When there are differing accounts, we will document balanced notes and explain how we reached our conclusions.

Our stage 1 response will set out whether we think we were at fault and the actions we will take to remedy that fault.

Timeframe

In all cases, we will aim to send our stage 1 response within 10 working days of us formally acknowledging your complaint.

If we think we will need more time to carry out a full investigation, we will explain why and give a new target date for when you can expect our response. This will be no more than a further 10 working days.

If any additional time is required and we can’t agree an extension with you, we will provide the contact details of the relevant ombudsman service for you to pass your complaint to.

Additional issues

If you raise any additional issues that are related to your complaint during our investigation and we have not yet sent our stage 1 response, we will incorporate these into our stage 1 response.

If we have already sent our stage 1 response, or it would unreasonably delay the response, or the new issues are not related to your existing complaint, we will log this as a new complaint and send a new acknowledgement.

Stage 2

If you are not satisfied with our stage 1 response, you can ask for the complaint to be escalated to stage 2.

You must request escalation within one calendar month of the date of our Stage 1 response. We will consider any extenuating circumstances on a case-by-case basis.

You do not need to explain why you want your complaint escalated to stage 2, but it will help us understand what you don’t agree with and the remedy you are seeking to resolve your complaint. We may log any new issues you raise as a new stage 1 complaint instead.

Acknowledgement

We will acknowledge receipt of your request to escalate to Stage 2 within five working days. The officer handling your Stage 2 complaint will be different from the Stage 1 officer.

If they don’t accept your request, they will explain why and signpost you to the relevant Ombudsman.

No change to outcome

If we don’t think a further investigation will add anything to the stage 1 response, we will send a response that reiterates our position and outcome. We will signpost you to the relevant Ombudsman should you wish to escalate your complaint further.

Investigation

If we believe a further investigation is warranted, we will complete a further investigation which will review the stage 1 response, the information you have provided, information from the relevant service, and any new information you provide.

Timeframe

In all cases, we will aim to send our stage 2 response within 20 working days after we acknowledge your complaint at stage 2.
If we think we will need more time to carry out a full investigation, we will explain why and agree a new target date with you. This will be no more than a further 20 working days. If we can’t agree an extension with you, we will provide the contact details of the relevant ombudsman service for you to pass your complaint to.

The ombudsmen

The stage 2 response will set out our final position.

If you think your complaint has not been dealt with properly or fairly, you can request for the Local Government and Social Care Ombudsman (LGSCO), the Housing Ombudsman (HO), or the Building Safety Regulator (BSR) to consider your complaint. The LGSCO and the HO are fully independent of local councils and are answerable to parliament. The BSR is an Executive Agency under the Ministry of Housing, Communities and Local Government (MHCLG). The ombudsmen promote a positive complaints culture and the progressive use of complaints to support effective handling and prevention, alongside learning and development.

Our stage 2 response will include the contact details for the relevant ombudsman or the BSR as each deal with different issues.

You can pass your complaint to them at any time, although they will usually refer your complaint to us if you have not completed our internal complaints process.