Corporate Complaints and Compliments Policy - Complaints and exclusions

The LGSCO defines a complaint as:

'An expression of dissatisfaction, however made, about the standard of service, actions or lack of action by the organisation, its own staff or those acting on its behalf, affecting an individual or a group of individuals.'

The list below outlines some of the matters that customers may wish to raise as a complaint:

• when we do not provide a service at the level or to the standard laid down by law or council policy or guidance.
• whenever we delay unreasonably in answering a query or responding to a request for service.
• inappropriate behaviour of a council employee or someone acting on the council's behalf
• whenever we do not follow council policies or procedures
• when we do not tell people their rights or otherwise treat them unfairly

If a complaint relates to a provider or contractor commissioned or employed by the council, the customer should contact them directly in the first instance to investigate.

Exclusions

Each complaint is considered on its own merit, but there are times when a valid reason means we would not consider it under this policy. If this is the case, we will inform the customer and explain the reasons why. Examples of this are:

• service requests, including initial reporting of faults or defects
• social housing standards or service dissatisfaction with landlords
• where a statutory right of appeal or other council review or appeals process is in place
• a matter for which there is a more appropriate legal remedy
• complaints relating to schools
• complaints regarding the conduct of councillors
• a matter that has already been considered and closed under the complaints policy
• if the complaint is outside the time limit
• complaints relating to Freedom of Information (FOI), Environmental Information Regulations (EIR) or Subject Access Requests (SAR)
• matters of law or central government policy

Complaints about planning decisions

A planning decision is binding and there is no right of appeal except by the recipient to the Planning Inspectorate. A third party may challenge a planning decision through judicial review. There is no scope for the council's complaints process to review a planning permission, enforcement decision or other consent under planning legislation.

Complaints in relation to adult social care and children's services

Councils with social services responsibilities are by law required to have a separate complaints procedure for social care service users or their representatives. Complaints about children's services or adult social care are covered by statutory procedures, rather than this policy.

Employee matters

Matters about employment including pay, pensions, dismissal or applications for employment should follow the relevant internal procedure. For example, complaints about Local Government Pensions should follow internal procedures and complaints about staff employment should follow the grievance procedure.

Staff or teams wishing to complain about a member of staff or team in another directorate should progress this through the appropriate line management arrangements. Employees who believe that there is serious wrongdoing at work by other employees, managers, councillors, suppliers, contractors or others acting on behalf of the council should refer to the council's Whistleblowing Policy.