Purpose

The
Complaint Handling Code published by the Local Government and
Social Care Ombudsman (LGSCO) came into effect on 1 April
2025.  From April 2026, the LGSCO will
commence judging all councils in England on compliance with the
Code.  The Code applies to all
council services under the Corporate Complaints
Procedure (e.g. Highways, Transport, Education, Environment)
but does not affect statutory children's or adult social care
complaints. Many of the stipulations of the Code (such as
Equality Act compliance and a 2-stage officer led procedure)
already form part of the council's current Corporate Complaints
Procedure, although some further updates are required to make it
fully compliant.
 
As a new digital recording system for
Corporate Complaints is being launched in February 2026, it is
therefore proposed that the new system will apply timescales to
fully align with best practice and with the Code. Therefore, the
Corporate Complaints Procedure must also be revised from February
2026. 
A draft revised Corporate Complaints
Procedure, fully compliant with the Code is attached at Appendix
A.
 
The main changes are as follows:  
 
a) 
The differences between a
‘service request’ and
a ‘complaint’ are clearly defined. 
b) 
If we decide not to accept a complaint, an explanation will be
provided, setting out the reasons why the matter is not suitable
for the complaints process and the right to take that decision to
the Ombudsman.
c) 
We have 5 working days to acknowledge a complaint, however the new
complaints system will do this automatically.
d) 
Stage 1 complaints should be responded to within 10 working days
from the acknowledgment but may be extended with reasons
provided.
e) 
Stage 2 remains 20 working days from the acknowledgment (the
same as the current procedure) but may be extended with reasons
provided.
f) 
If we need to extend the timescale, we must provide a reason and
provide details of the Ombudsman.
g) 
A maximum time limit of 3 months to respond is clearly defined.
h) 
A senior officer is responsible for complaint
performance, identification of trends, and driving
service improvements. 
i) 
A 'Member Responsible for Complaints' is referenced (the Cabinet
Member for Data, Technology, Customer and Efficiency already
carries out this function).
j) 
An annual complaints performance and service improvement report on
Corporate Complaints will be produced every financial year for
consideration by county councillors for scrutiny and challenge.
k) 
An annual self-assessment will be published alongside all annual
reports outlining service improvements and learning and made
public.
 
The Executive Leadership Team (ELT) have been
briefed on the proposed changes, and information was shared at a
briefing with Cabinet/ELT alongside consideration of the annual
reports of complaints for 2024/25.
 
Under section 9.52, paragraph 58 of the
council's Scheme of Delegation to Officers, Directors are
authorised to prepare, approve and amend policies relating to the
operation of the services under the officer's management (except
where these are otherwise reserved to members).
 
This is a decision to update a policy which
may impact the public, and therefore it will be recorded and
published in accordance with section 9.49 of the Scheme of
Delegation to Officers.
 

Content

Heloise MacAndrew, Director of
Law and Governance, took a decision to amend the Corporate
Complaints Procedure in line with the Local Government and Social
Care Ombudsman's Complaint Handling Code.