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Corporate Complaints Procedure

In this section
Corporate Complaints Procedure

Introduction

Wychavon District Council (WDC) is committed to putting our customers first by improving the quality of our services and our customers’ experience of them.
Complaints, compliments and suggestions are important to us in providing insight into what we are doing well and where we may need to focus improvements. We record this feedback, regularly monitoring what our customers tell us, and use the information within our planning processes to help us shape services that support our customers.

We also seek to manage and respond to customer feedback in a consistent and 
professional manner.

This document sets out how WDC manages and responds specifically to complaints. It explains our processes and our obligations to our customers and the role of the Local Government and Social Care Ombudsman.

Our Aims:-

  • To have clear and well publicised channels of feedback.
  • To ensure staff deal with complaints in a sensitive, professional and constructive manner.
  • To be courteous, honest, helpful and open.
  • To deal with complaints fairly and impartially, ensuring consistency is maintained at all times.
  • To deal with complaints quickly and within timescales.
  • To capture all complaints made, in order to monitor our responses and ensure timescales are met. We will use these results to provide learning outcomes so that improvements can be made.

Definition of a complaint

A complaint is defined as a criticism or a direct expression of dissatisfaction.

When making a complaint, please use clear, straight-forward language using your own words as much as possible. The more information you can give us about what
has gone wrong in your specific case, the more quickly we will be able to look into this and start to put things right. We will often try to speak to you directly about your
complaint to help us understand the issue and how this has happened.

Scope of the WDC complaints procedure

The definition of a complaint is sufficiently broad enough to cover most complaints, 
such as:

  • Dissatisfaction with the implementation of policies
  • Delays or failure in responding to service requests
  • Failure to achieve good standards of service
  • Employees’ behaviour or attitude

The WDC complaints procedure does not cover:

  • Requests for a service i.e. missed bins (unless there was a repeated service 
    failure)
  • Requests for information or explanation of council policy or practice
  • Complaints relating to issues over 12 months old
  • Disagreement with council policy decisions or those of the Government
  • Issues that are the responsibility of another organisation such as Worcestershire Regulatory Services or Worcestershire County Council
  • Informal matters that can be resolved speedily with an apology to the satisfaction of the person raising them
  • Matters which are for the Courts, or have been decided by them 

Complaints regarding the following are outside of the remit of this procedure and have their own governing process:

  • Complaints against the Monitoring Officer will be directed to the Head of Paid Service
  • Complaints against a Wychavon District Councillor should be made to the Monitoring Officer
  • Complaints about a function that has a dedicated appeals process, either while that decision is still under consideration, or after it has been made, need to go through that dedicated process
    • For example – there is an ongoing planning matter and you wish to complain about information provided by the applicant, or you wish to complain about the application itself
    • For example – a planning decision has been made, and you wish to complain about that decision
    • For example – a vehicle parking penalty charge has been issued

How we manage complaints

A complaint can be made in the first instance by visiting our website and completing  our online form. Where possible, customers are encouraged to use the electronic
channel of communication. Complaints can also be made via the telephone, in person at one of our Customer Service Centres or in writing. We will always respond to
complainants through the medium requested.

In all circumstances when a customer complains we will show genuine regret and provide support and guidance throughout the process. Complainants will be dealt with  fairly and courteously. We will provide support to our staff to enable them to handle complaints in a sensitive, professional and constructive manner.

When we receive complaints we cannot deal with, we will always explain why and try  to direct you to the right person or organisation.

How to make a complaint

Wherever possible complaints should be made through the WDC website using our  online form, including those about data protection.

Alternatively you can contact us by,

  • telephoning us on 01386 565420
  • in person at our Customer Service Centres in Pershore, Evesham or Droitwich
  • online www.wychavon.gov.uk/compliments-and-complaints.form
  • by email This email address is being protected from spambots. You need JavaScript enabled to view it.  or This email address is being protected from spambots. You need JavaScript enabled to view it. for data protection complaints.

When making a complaint, you will need to provide us with the following:

  • Your name, address and contact details
  • What you are complaining about
  • When it happened or should have happened
  • Why and how you think we should have done things differently
  • What you think we should do to put things right

Stages of the WDC complaints procedure

Most complaints can be resolved quickly and amicably by our staff. When a complaint is made, the service team to which the complaint relates will contact customers directly by telephone or through email. If we are unable to resolve the complaint, stage 1 of the complaints procedure will be invoked. The complaints process follows two key internal stages.

Stage one – Service Investigation

We will acknowledge your complaint within 2 working days of receiving it. At the point of acknowledgement, customers will be provided with a contact name along with a copy of our guidance to compliments and complaints. We aim to respond to you fully within 12 working days from the date we receive your complaint.

Our response will normally follow a general format including:

  • Start with a statement expressing regret that the complainant has had a negative experience in their interaction with WDC;
  • A clear statement of what we understand the complaint to be;
  • A further statement on what was found upon investigation of the complaint and any other action or reparation that is planned or has been taken;
  • An apology where we have found the complaint to be justified;
  • Right of appeal: the first response should make it clear that if complainants are still not happy that they should return with their complaint within 28 working days, stating the reasons why they are unsatisfied and request that stage 2 of the procedure is initiated.

Copies of all acknowledgements and responses should be kept. As we wish to encourage electronic communication as the most efficient channel, an email address should be used if it has been provided.

Stage two –Independent Review

An acknowledgement will be sent within 2 working days of the complaint being escalated to stage 2.

A Senior Manager from another department will carry out the review and look at what was decided at the first stage. A full response will be sent in writing within 15 working days from the date we receive your request. If the complaint is of sufficient complexity to warrant an alternative timescale, we will advise the complainant on when a
response should be expected by.

The response to the complainant will be the completion of the internal procedure. If they remain unhappy, they have the right to take the matter to the Local Government and Social Care Ombudsman.

Confidentiality and anonymity

We are unable to deal with anonymous complaints. However, WDC will maintain the confidentiality of all personal customer information and will not disclose it outside WDC without the permission of the customer, or unless an exemption to the data protection principles applies.

For example, there may be cases where we are required by law to share information, such as where information relates to a criminal offence, or where we have a safeguarding duty to protect vulnerable people or those at risk of harm. We will always consider our duty of confidentiality before disclosing any information, and we will document our consideration of the data protection principles.

Equality Monitoring

The complaints procedure is intended to uphold the Council’s legal responsibilities in relation to the Equality Act 2010. This requires WDC to make a conscious effort to
ensure that we treat everyone who wishes to complain with the highest standards of fairness and equality.

We will make all reasonable efforts to ensure that customers with particular needs, such as physical or sensory impairment, learning disabilities and customers who are less familiar with English, have full access to the complaints process.

Making a complaint on behalf of someone else

To maintain the confidentiality of our customers, the council will only accept complaints from a representative in certain circumstances, including where:

  • the Council is sure that the service user has consented, either verbally or in 
    writing;
  • the complaint is made on behalf of a child by their parent or guardian;
  • the complaint is made by an elected representative acting on their constituent’s behalf; or
  • the service user cannot complain unaided and cannot give consent because they lack capacity within the meaning of the Mental Capacity Act 2005.

Decisions as to whether to consider a complaint made by a representative will be made in accordance with the specific circumstances of each case.

The role of Councillors

If Councillors receive complaints from their constituents, they should forward these to the relevant Service Manager, so that they can be processed in line with the
procedure. Complaints received by officers will not be shared with Councillors unless the complainant expressly consents to this information being shared. Councillors will review quarterly results and be integral to driving service improvements throughout the Council.

Referral to the Local Government and Social Care Ombudsman

When the Council’s internal procedure is exhausted and the complainant is still not happy they have the right to refer the complaint to the Local Government and Social Care Ombudsman, who will investigate to establish whether there has been maladministration. The Local Government and Social Care Ombudsman is an independent body appointed to review the actions taken by a District or County Council.

Please be aware that the Local Government and Social Care Ombudsman is unlikely to consider your complaint unless it has initially been investigated by the Council, so
please give us an opportunity to respond to you first. However, we accept that there may be occasions where it would be appropriate for the Council to refer your complaint directly to the Local Government and Social Care Ombudsman (LGSCO).

You can contact the LGSCO by writing to:- The Local Government and Social Care Ombudsman, PO Box 4771, Coventry, CV4 0EH

Please visit the following website for further information: www.lgo.org.uk

Alternatively you can call them on: 0300 061 0614 (Monday to Friday 8.30am – 5.00pm)

Complaints to the Information Commissioner’s Office

If the complaint is in relation to data protection, you have the right to complain to the Information Commissioner by writing to:- 

The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Alternatively you can call their helpline 0303 123 1113 (Monday to Friday 9am – 5pm) or visit the following website for further information: www.ico.org.uk/make-a-complaint

Please be aware that the ICO my not investigate your complaint until it has been considered through the Council’s internal complaints process.

Recording and analysing complaints

All complaints received will be recorded on a corporate database. Information recorded will be used to produce anonymous, numerical data for quarterly reports.
These will be shared with senior managers and Councillors, in order to analyse performance and drive service improvements through the Council.

In line with the LGSCO’s guidance, we perform an annual review of our complaints policy and processes to make sure these are fit for purpose. We also publish our
data annually on our website.

Unreasonable complaints procedure

We are committed to dealing with all complaints fairly and impartially. However, in a minority of cases, members of the public pursue their complaints in a way that is
unreasonable.
These behaviours and actions can impede complaint investigations and adversely affect officers’ ability to do their jobs and provide a service to others, as well as causing a significant strain on council resources.

Unreasonable and vexatious complaints

Complainants or anyone acting on their behalf may be deemed to be vexatious or unreasonably persistent if one or more of the following applies:-

  • Refusing to specify the grounds of a complaint.
  • Refusing to co-operate with the Council’s procedure but still pursuing the complaint.
  • Making unfounded complaints about the staff dealing with the complaint.
  • Taking an excessive approach by complaining officially to the Council as well as raising the same complaint with other bodies such as MP/Councillor/Police/Solicitors/Local Government Ombudsman. Changing the basis of the complaint as the investigation moves forward and/or denying earlier statements.
  • Raising trivial information and expecting this to be taken into account or raising lots of detailed irrelevant questions and insisting they are answered.
  • Electronically recording meetings and conversations without the prior knowledge and consent of the other people involved.
  • Making excessive demands on staff while a complaint is being dealt with.
  • Sending a high volume of letters, emails and/or phone calls.
  • Registering repeat complaints after the complaint has been fully investigated and completed.
  • Refusing to accept the final decision of a complaint.
  • Refusing to accept a complaint is outside the remit of the complaints procedure.
  • Persistently contacting the Council through different routes about the same issue.

Our response to persistent and vexatious complaints

Where the above behaviours have been identified, details will be passed to the Head of Service to consider an appropriate response.
Actions may include but are not limited to:-

  • Refusing to process the complaint or future complaints within a specified time period
  • Placing limits on contact with Council officers for a specified time period e.g.,
    • designated times for permitted contact
    • identified points of contact with specific officers or email addresses in the Council only
    • limits to contact methods such as limiting the number of phone calls or emails that will be accepted (e.g one call a week)
    • physical exclusion from the Council offices
  • Informing the Police of threatening behaviour, which may lead to harm or distress of Council officers

If the Head of Service decides to restrict access or to refuse to process your complaint, the Council will write to you and explain:-

  • Why the decision has been taken;
  • What it means for your contacts with the Council
  • How long the restrictions will last, and;
  • What you can do to have the decision reviewed.
  • How future correspondence will be dealt with.

The information will be recorded and shared with relevant officers within the Council where necessary to protect the health and safety of our staff and / or members of the
public.

Aggressive complainants

We will not tolerate offensive, abusive or threatening behaviour. We have a separate policy on Staff Safety which we will consider where behaviour of this kind is identified, including where this relates to the making of a complaint.

Complaints will be seen to be vexatious in any situation where violence has been used or threatened towards staff or their families at any time and will be treated in line with the 
responses outlined above.

A complainant can appeal the decision to place them on the ‘unreasonable complainant list’ within 15 days of being notified of our decision.

A decision to restrict contact may be reconsidered if the complainant shows a more acceptable and consistent approach in their contact with the Council.

Any new complaints made about new issues from people who have come under this policy will be treated on their merits.