Review of the proposed changes to the Joint Compliments, Comments and Complaints Policy
Ben Staines – Project and Research Officer
Minutes:
25.1 The Project and Research Officer introduced the report and explained how the current complaints procedure consisted of a two-stage system. The complainant had an option to progress to stage two if the response from the council was not satisfactory. With the updated procedure the complainant would have to provide new information to progress to a stage two complaint or go to the Ombudsman with the complaint. In the last six months there had been 39 investigations but only two had been upheld by the Ombudsman. This was therefore the best way to achieve satisfactory results for both the complainant and the Council. The Officers also informed Members that if the complainant was behaving abusive to a member of staff then the complaint would not be taken any further.
25.2 Members questioned the Officer regarding the process for the new complaints procedure and it was established that under the present complaints procedure the it was up to the complainant to decide if the complaint should be progressed to the Stage Two complaint process. However, under the suggested new complaints procedure new information was required for the complaint to be progressed to Stage Two. The only other option for the complaint was to take the complaint to the local ombudsman. The intention was to resolve the majority of complaints at the beginning of the compliant procedure. The officers also responded that the ombudsman would consider complaints cases even if they had progressed completely through the complains process.
25.3 Some Members were concerned about abusive customers and if staff had been trained in how to deal with this kind of behaviour. They also wanted to know if phone calls were recorded when complainants contacted the Councils. The Lead Member for Customer Service responded that calls to the 0300 telephone number were always recorded, but not calls to individual officers. She continued and explained how many complaints were resolved satisfactory at an early stage of the complaints process.
25.4 Members referred to page 17, bullet point 9.3 d. and ask how the Councils evaluated how standards were met in relation to complaints. The Officer said that the public should direct any complaints regarding standards to their Councillor. The Strategic Director reminded Members to inform the management team of any complaints from the public regarding standards.
25.5 Members agreed that complaints should always be considered to be a warning that the service the Council provided were not up to standard expected, but also recognised that some members of the public submitted persistent and vexation complaints and that staff had no obligation to respond to these. The Strategic Director advised Members that the Strategic Directors decided when a member of the public was persistent and vexatious to ensure this was indeed the case. Members attention was drawn appendix 4 page 26, paragraph 33.
25.6 Members continued the questioning regarding anonymity of complainant and if it was possible to maintain this throughout the complaints process. They also wanted to who know who investigated complains within the departments. The officer responded that an internal investigation was led by the corporate manager of that department as out lined in the Joint Policy for Dealing with Compliments, Comment and Complaints, page 18, bullet point 11.6.
25.7 There were concerns amongst Members that if be more difficult for the public to progress their complaints to Stage Two if additional information had to be provided before progression to Stage Two. Members felt it likely that a complainant would include all the relevant information at Stage One of the complaint and therefore not have enough new information to progress to Stage Two. This would leave the complaint with no other option than to forward the complaint to the Ombudsman.
25.8 The response to this concern was that it would be a disadvantage for the Council if complaints went to the Ombudsman and that the Corporate Management team should endeavour to resolve complaints before this occurred. The proposed complaints procedure would make the complaints procedure more accessible for complainants.
25.9 Councillor Welham expressed the opinion that the Councils had a positive attitude.
25.10 The Chief Executive regarded complaints as learning opportunities and therefore the Councils made sure complaints were processed properly.
25.11 Councillor Williams considered that some complaints were a chance for the public to express their frustration and was concerned that the process would be progressed to a legal dispute too early on the complaints process, it the complainant could not provide further information to progress to a Stage Two complaint.
25.12 In a response to the inclusion of the Equality and Diversity Information questionnaire, Officers responded this was a requirement in accordance with the Councils’ Constitutions.
25.13 Members continued to discuss the amended Complaints procedure, especially paragraph 11.6, page 18, Appendix A. Generally, Members felt that this paragraph should be removed from the Complaints Procedure. Other Members asked for further information regarding who investigated complaints within the Council. The Officer responded that initially the complaints would be investigated internally by the department towards which the complaints was concerned. If this did not resolve the complaint, then currently the complaint would be investigated by someone who was not involved in the complaint. The Councils would always attempt to work with members of the public before a complaint became formalised to resolve the issue. Once a complaint became formalised and progressed to a Stage One complaint the Councils would continue to work to resolve the complaint. Every effort was made to avoid complaints being forwarded to the ombudsman.
The recommendations 2.1 and 2.1 were proposed and seconded.
By 7 to 7 votes.
The Chair used his casting vote and voted against the recommendations.
The vote fell.
25.14 Members discussed amendments and it was proposed that recommendations were forwarded to the Cabinet to consider the concerns discussed regarding the amended Stage Two of the Complaints. The following amendment was proposed and seconded.
By 11 votes to none.
It was RESOLVED
1.1 Subject to the Joint Overview and Scrutiny Committee’s concerns related to Stage Two of the Joint Compliments, Comments and Complaints Policy be considered by Cabinet as detailed in the Minutes.
Supporting documents: