Appendix 3
3.1 The Ombudsman
A complainant has the right to contact the Ombudsman at any time regarding their complaint.
In most cases the Ombudsman would expect the complainant to have completed the council’s complaint process. However, all customers have the right to access the relevant Ombudsman, throughout their complaint journey, not only when the Authority’s complaints process has been exhausted.
3.2 Early referral to the Local Government and Social Care Ombudsman
Where the presenting facts indicate that reasonable, appropriate consideration of the complaint has been undertaken at Stage One, the Authority’s Complaint Manager will consider the possibility of early referral to the Local Government and Social Care Ombudsman
There are a number of important safeguards that should be in place before proceeding with this option. Stage One should have delivered:
- a very robust examination,
- a complete response,
- all significant elements have been upheld,
- a clear action plan for delivery has been set out; and / or
- all reasonable and significant desired outcomes presented by the complainant have been met.
The Ombudsman will apply a test of reasonableness to this decision. If the Ombudsman concludes that the early referral was incorrect, they may select from a range of responses, including proposing that the complaint be considered by the Authority at Stage Two.
Early referral will also not restrict the Ombudsman from later consideration of the complaint if they so choose.
3.3 Local Government and Social Care Ombudsman (LGSCO)
The LGSCO investigates all complaints about Authority services, other than those that come under the jurisdiction of the Housing Ombudsman, as set out below. Once a complaint has exhausted the Authority’s corporate complaints procedure the complainant can refer their complaint to the LGSCO for consideration.
3.4 Housing Ombudsman (HO)
Complaints about provision and management of the Housing service come under the jurisdiction of the HO. This does not include complaints about homelessness, rent or service charges; the Customer First Manager will advise if this is the case.
Once a complaint has exhausted the Authority’s corporate complaints procedure the complainant can refer their complaint to the Housing Ombudsman. Further details can be found here: https://www.housing-oOmbudsman.org.uk/residents/understand-complaints-process/
This complaints procedure aims to ensure that people who complain have their concerns resolved swiftly and, wherever possible, by the people who provide the service. The procedure is aimed at being a useful tool for indicating where services may need adjusting. It is not a negative process to apportion blame. It is a positive aid to inform and influence service improvements.
The complaints procedure aims to be easy to use; helpful and receptive; fair and objective; based on clear responsibilities; timely; thorough; rigorous; decisive; consistent; comprehensive; sensitive to special or individual needs; adequately resourced and respected by all staff and Elected Members.
The Customer First Office will provide advice to complainants about the options open to them during the six months after the Authority’s complaints procedure has been completed. They will also provide assistance to the complainant, if required, in making the referral to the LGSCO and HO.