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Complaints - procedure
The City of Durham sees all customer comments and feedback as a good way of evaluating its services. Complaints are an important part of this process and help us to learn and develop. The Council aims to show care and respect when dealing with customers and will use all this information to help drive improvements forward.
Sometimes our services may not meet your expectations or requirements. If so please tell us about it, we welcome your comments and suggestions to help us improve.
The Council aims to ensure that all written communication and forms are clear, concise, simple to understand, jargon-free and available in alternative languages, larger print and Braille if required.
Our Promises to you
- You will receive a prompt, courteous and efficient service
- You can expect a full and fair investigation of your complaint
- We will be happy to explain procedures to you if you are unsure about anything
- Your confidentiality will be respected at all times
- You will be kept informed of progress and the outcome of your complaint
- We will make it easy for customers or those acting on their behalf to make a complaint or pass on comments about a service
- We will resolve complaints, put things right where appropriate and take any action necessary to prevent recurrence as quickly as possible
- We will monitor performance and provide feedback to Service Heads and Councillors so that trends in complaints are taken into account when decisions are made
- We will also regularly publish performance information
What is a complaint?
A complaint is an expression of dissatisfaction with a response, a lack of response, the standard of service you have received, disrespect, or the failure to be consulted by the City of Durham which cannot be resolved through the normal day to day operational processes of the service involved.
A complaint is not an expression of dissatisfaction with the general level of available resources.
A complaint can only relate to a service that the Council already provides. It can not relate to requests for new services currently not in operation. However, information provided may highlight gaps in service provision that may be relevant to future consideration and should be recorded and actioned as a comment.
The following list is a guide to the range of complaints which are covered by this Complaints Policy:
- Failure to provide a service or to achieve the required standards/quality
- Issues regarding the attitude of staff and or their actions, or lack of actions
- Dissatisfaction with the manner in which Council policy and procedure has been carried out
- Discrimination
What is not a complaint?
- The following are excluded from this Complaints Policy:
- A request for service
- A request for information or an explanation
- An insurance claim against the Council
- Criticism of Council policy
- A planning or licensing decision, housing benefit or homelessness issue (except where the complaint relates specifically to the manner in which the issue has been administered)
- A matter which is, or may be, the subject of court or tribunal proceedings
Compliments and Comments
Compliments - Thanking the City Council for something done, or done particularly well Comments - We recognise that sometimes members of the public simply want to register a comment about a Council service, and do not wish to pursue a complaint. In this case we will ensure a record of the comment is maintained and appropriate action is taken on the comment. Where compliments/comments are received by the Council an acknowledgement will be communicated within 3 working days. They will be given an individual reference number and forwarded to the Service Manager.
The complaints process
This information is also available as a downloadable leaflet.
Stage 1 (first contact)
The intention of Stage 1 is to allow the service concerned to give a satisfactory explanation of its actions or put matters right.
Our Customer Services section will handle this on your behalf. Please contact us by:
- Telephone 0191 301 8499
- Fax 0191 301 8555
- Email cityinfo@durhamcity.gov.uk
- Speak to a member of Customer Service staff in person at one of our Info centres at 17 Claypath, Durham; Annand House, Meadowfield; or the Linden Centre, Coxhoe
- Complete a complaint form and return it freepost to the address shown on the form
- Complaints Forms and further details are available from reception areas in the City Council Offices, or ring us on (0191) 386 6111 and we will send you one. You can also download a complaint form.
Copies of the Complaints literature will be made available in large print, braille or other languages upon request.
DurhamCityinfo - Customer Services will acknowledge your complaint within three working days, giving you a reference number and/or a receipt. Please retain this information for future reference. One of our highly trained officers will take ownership of your issue and deal with the service provider on your behalf. Your details will be recorded on our Customer Contact Database and you will be kept informed of progress throughout the investigation.
You should receive a response within 10 working days. Either from Customer Services or from the service provider direct.
Some complaints are complex, involve other services and or organisations and may take longer to process than the given timescale. If for any particular reason we cannot meet this timescale you will be notified that the Council needs more time and you will be given an indication of when the investigation will be concluded.
If you are not happy with the response/outcome at Stage 1 we would request that you contact the Council within 15 working days.
Stage 2
If you are not satisfied with the outcome of Stage 1, then contact Customer Services to move to Stage 2.
Stage 2 will involve the relevant Service Manager or Head of Service who will carry out a formal investigation. You should receive an acknowledgement communication within three working days informing you of the member of staff who is investigating the matter. A written reply should be sent within 10 working days from date of receipt.
Some complaints are complex, involve other services and or organisations and may take longer to process than the given timescale. If for any particular reason we cannot meet this timescale you will be notified that the Council needs more time and you will be given an indication of when the investigation will be concluded.
Help and advice on Stage 2 is available from any of the Info Centres listed above.
If you are not happy with the response/outcome at Stage 2 we would request that you contact the Council within 15 working days.
Stage 3
If you are still dissatisfied with the response at stage 2, then at Stage 3 you can have the matter reviewed by the Head of Legal & Strategic Services who is the Council's Complaints Officer. Please contact Customer Services who will arrange this for you.
You should receive an acknowledgement from the Complaints Officer within three working days who may arrange to discuss the complaint with you directly. A written reply should be sent within 10 working days from the date of receipt.
Some complaints are complex, involve other services and or organisations and may take longer to process than the given timescale. If for any particular reason we cannot meet this timescale you will be notified that the Council needs more time and you will be given an indication of when the investigation will be concluded.
Conflict of Interest
If the Head of Legal & Strategic Services, who is the Council's appointed Complaints Officer, has been involved in the matter of the complaint at an earlier stage or otherwise has a conflict of interest, then a colleague will be appointed to carry out the investigation.
Investigation
As a first step the Complaints Officer (or the nominated representative) will examine the background and history to the complaint. This will usually involve looking at the relevant files and speaking to officers who have been involved.
The letter which the Head of Service or Service Manager has sent to the Complainant under the second stage of the complaints process will form part of the historical documentation which will be examined.
It may then be necessary for the Complaints Officer to speak to the Complainant and/or carry out a site visit. Much will depend on the nature of the complaint.
If an interview with the Complainant and/or a site visit is thought to be necessary contact will be made with the Complainant to arrange a mutually convenient appointment. If the Complainant wishes at any stage to speak to the investigating officer then he/she is free to do so. Contact details will be given in the letter of acknowledgement of the complaint. This will usually be the Legal and Complaints Officer, who will be able to direct the Complainant to the relevant officer or take a message and arrange for a follow up call.
Written Report
At the conclusion of these initial steps the Complaints Officer or their nominated representative will prepare a written report with the findings in relation to the matters complained of. This letter will be sent to the Complainant and a copy will be forwarded to the relevant section which was the subject of the complaint.
Because the next stage of the process is to complain to the Local Government Ombudsman, the letter detailing findings will give contact details for the Ombudsman's office.
Remedies
The outcome of the investigation may involve a finding:-
- That the complaint cannot be upheld
- That the complaint is upheld in part
- That the complaint is upheld fully
If the complaint is not upheld then the Complainant will be advised that the next stage, in the event of dissatisfaction with the response, is to complain further to the Local Government Ombudsman. If all or any part of the complaint is upheld the Complaints Officer or their nominated representative will indicate how the issue is to be addressed. This may involve one or more of the following:-
- The making of an apology on behalf of the Council
- Advice from the Complaints Officer to the section which was the subject of the complaint to make amendments or improvements with the aim of ensuring the same complaint does not occur again
- The payment of compensation
- A report to Council, Cabinet or a committee of the Council
Annual Report
2007 Annual letter from Local Government Ombudsman
A schedule of complaints dealt with by officers under the Council's complaints policy is prepared for the information of Cabinet every year. This report is usually considered by Cabinet at their January meeting. The intention of the report is to see what lessons can be learned from the complaints service.
If you have followed the Council's procedure and are still dissatisfied you may refer the complaint to the Local Government Ombudsman at:
Local Government Ombudsman, PO Box 4771, Coventry. CV4 0EH.
Advice Line: 0845 602 1983 Fax: 01904 380269 www.lgo.org.uk advice@lgo.org.uk
Who can complain?
Anyone receiving or seeking a service from the Council including, where appropriate, anyone acting for those unable to complain personally. The Council aims to ensure that all written communication and forms are clear, concise, simple to understand, jargon-free and available in alternative languages, larger print and Braille if required.
Complex/serious complaints
The Council will exercise discretion about the stage at which we start to consider a complaint. Complex complaints may be referred straight to Stage 2 and very serious complaints referred straight to Stage 3. Any views expressed by the Complainant will be taken into account when determining the stage at which a complaint commences.
Complaints from Councillors
A complaint brought by a Councillor who is acting as a constituent's advocate will be handled in accordance with the Complaints Policy outlined above.
Complaints against Councillors
If you have a complaint against a local councillor that he/she has failed to comply with the Members' Code of Conduct then you should take your complaint up with the Standards Board for England. A leaflet and complaints form can be obtained from the Head of Legal and Strategic Services at 17 Claypath DH1 1RH.
A complaints form and guideance notes can also be downloaded.
Complaints about a policy
Sometimes people want to complain about a policy rather than a particular service. Where this is the case the complaint will be recorded as a comment and referred to the officer responsible or, where there is not one responsible officer, to the working group, panel, association, forum or similar responsible party for that policy for consideration and reply.
Cross Service Complaints
Complaints will be investigated and responded to by the Service to which the complaint relates. Complaints that relate to more than one Service will be dealt with jointly, with a single nominated officer taking responsibility for producing one response.
Anonymous Complaints
It is recognised that anonymous complaints have a potentially important role in bringing serious matters to the attention of the Council. The timescales do not apply but the complaint must be recorded and if appropriate will be investigated.
Withdrawal of a Complaint
A complaint may be withdrawn at any time. This must be received in writing from the Complainant
Unreasonably Persistent /Repetitive Complainants
It is recognised that there may be occasions where the City of Durham Council receives persistent/repetitive complaints. Although this is a difficult area to handle, the City of Durham is committed to dealing with all complaints fairly and consistently and to provide a high quality service to those who make them. As part of this service we do not normally limit the contact complainants have with the City of Durham, however there are a small number of complainants who, because of the frequency of their contact with us, hinder our consideration of their, or other people's complaints. We refer to such complainants as "unreasonably persistent complainants". If the same Complainant makes the same complaint to the Council during the course of the first investigation, the Council has the right to investigate the first complaint only and the timescales and 'Promises' to our customers will not apply to the second and subsequent complaints. If this happens when the investigation is complete the Council has the right to refuse investigation of the same complaint again. A letter explaining this will be sent to the Complainant. Where the Council receives complaints that are persistent, repetitive, unpleasant or frivolous in their nature it is the responsibility of the Corporate Complaints Officer to ensure the complaints are checked. This is to make sure there are no new issues which have not been dealt with previously and to ensure that we have addressed previous complaints correctly. Where there are no new issues the Complainant will be provided with a written explanation stating that we will not be responding to complaints that have already been addressed through the complaints procedure. Any further correspondence should be read and where there are no new issues raised, signed, dated and filed.
We must ensure that we do all we can to help resolve issues raised by the Complainant. If the persistent Complainants begin to make excessive contact which is aggressive, disruptive, upsetting etc the Service concerned will commence keeping a record of all contact. The Complainant can be advised by the Service Manager that the behaviour will not be tolerated and what action will be taken if it continues. Where this or further action is required or taken, it should be relayed to all staff concerned.
Aggressive Complainants
It is recognised that there may be occasions where the City of Durham Council receives complaints from aggressive complainants. The City of Durham is committed to dealing with all complaints fairly and consistently and to provide a high quality service to those who make them. As part of this service we do not normally limit the contact complainants have with the City of Durham, however the Council do not expect their staff to tolerate behaviour by complainants which is unacceptable, for example, which is abusive, offensive or threatening and we will take action to protect staff from that behaviour.
Telephone Complaints - If an officer receives a telephone call to register a complaint, and the Complainant uses aggressive or inappropriate language the officer has the right to terminate the call after warning the Complainant. The officer must state the call will be terminated before gently putting down the receiver. A summary of the event will be recorded on the appropriate incident form. Walk-in Complainants - Where the Complainant has a history of using aggressive or inappropriate language and behaviour, the officer should ensure that they are not left in a secluded area with the Complainant or without another employee being nearby. If the Complainant wishes to speak in a private room then there must be another officer present in that room. If at any time the Complainant uses aggressive or inappropriate language, or the Officer feels threatened during an interview, assistance from another colleague will be sought. With another officer present and after having warned the Complainant that their language and/or behaviour is not acceptable then the interview should be terminated and the Complainant asked to leave. A summary of the event will be recorded on the appropriate form and reported to line management and reception/front line staff. Where there is Local Government Ombudsman involvement, their Investigator will be informed by the Corporate Complaints Officer, of any history of aggression or violence by the Complainant. Complaints Received by Email - If an Officer receives an email and the Complainant uses aggressive or inappropriate language, the officer will process the complaint but within the response, advise the Complainant that the language they have used is unacceptable. A summary will be recorded on the appropriate incident form and reported to line management. In all cases we will write to tell the complainant why we believe his or her behaviour is unacceptable and what action we are taking. Where a complainant continues to behave in a way which is unacceptable, we may decide to terminate contact with that complainant and discontinue any investigation into their complaint. Where the behaviour is so extreme that it threatens the immediate safety and welfare of the Councils staff, we will consider other options, for example reporting the matter to the police or taking legal action. In such cases, we may not give the complainant prior warning of that action.
Independent mediation
The Council will advise on the availability of independent mediation to help resolve Stage 2 and Stage 3 complaints where it is considered that the involvement of independent assistance would be beneficial and where the Complainant wishes to follow that route e.g. in serious instances of neighbour disputes.
Remedial action
The complaints policy is in place to put things right if they have gone wrong. The remedy should therefore fit the injustice to the Complainant. The general principle followed will be, as far as possible, to put the Complainant in the position that he or she would have been in had things not gone wrong
Training
New employees and elected members will be introduced to the complaints policy at Induction. Thereafter, refresher training will take place at appropriate intervals. Staff taking up new roles within the authority in a complaints capacity, will be trained on the policy within the first month of taking up the position. Complaints handling training will be an integral part of any customer care training undertaken by the authority.
How will the complaints policy be publicised?
The complaints policy will be published annually in 'City News', the Council's Community Newspaper to formally demonstrate the Council's determination to provide customers with high quality services. Leaflets/posters publishing the policy will be available in all Council buildings and in other public places including offices of the advice and information services and libraries. The complaints leaflet and policy can be made available in different languages, in large type and on tape if required. The Council's web-site www.durhamcity.gov.uk has a complaints form and leaflet which can be downloaded. Staff will be encouraged to tell customers about the policy whenever appropriate. In addition, targeted publicity will be arranged, aimed at groups of people or service areas where particular needs are identified.
Using complaints to improve services
Although the primary objective of the policy is to provide an effective means for customers to make complaints and have them resolved, another very important aim is to use complaints in a positive way to improve services. The types and subjects of complaints (Stage 1, 2 and 3) will be recorded and analysed quarterly in order to identify trends. Customer Services will provide details of Stage 1 and 2 complaints by completing a quarterly return. The quarterly report will be discussed by Management Team and The Customer Services Working Group in order that trends/issues are identified early. The outcome of any investigation in which mistakes or problems are identified by a complaint will be reported to the Head of Service so that appropriate action can be taken to avoid a recurrence. The Customer Services Manager will then ensure complaints information is fed, through Performance Management Arrangements, to Service Heads for discussion at team meetings and inclusion in Service Business Plans.
Monitoring the effectiveness of the Complaints Policy
In addition to the quarterly Complaints Monitoring Reports submitted to Management Team and the Customer Services Working Group, we will publish an Annual Complaints Report, giving details of:
- The number and types of complaints
- The number of 'justified' complaints by service area
- The average time taken to respond to a complaint
- The number of satisfied Complainants (based on a quarterly survey of a sample of Complainants)
- What changes we have made to particular policies, procedures or practices in response to complaints.
This information will be analysed by gender, age, disability, ethnicity in order to identify/combat any potential discrimination. To ensure consistency in applying the complaints policy, a random sample of Stage 1 and 2 complaints will be monitored by the Customer Services Manager, and a random sample of Stage 3 complaints will be checked by Internal Audit.
Compliance with other policies
It is recognised that many existing policies have a complaints/appeals procedure built in. Complaints will be handled with reference to existing agreed policies and procedures. Some examples include:-
- Introductory Tenancy Reviews
- Homelessness Reviews
- Community Safety
Section 17 of the Crime and Disorder Act 1998 requires a Local Authority to do all it reasonably can to prevent crime and disorder when planning and providing services. Customer Services staff, therefore, will have regard to Section 17 when resolving complaints/issues. Staff will continue to:-
- Give advice to residents about demanding identification before allowing anyone to enter their homes.
- Promote the City Care and Neighbourhood Warden Services to residents.
Overall responsibility
The complaints policy will be overseen by the Head of Legal and Strategic Services who will: set service standards; ensure consistency, transparency and fairness; ensure the policy is continuously improved; challenge staff who are not complying with the policy; ensure the policy is adequately resourced. The complaints policy and procedure will be co-coordinated on a day to day basis by the Customer Services Manager.
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Contact Details
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City of Durham CityInfo
Telephone: 0191 301 8499 or Fax: 0191 301 8555
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In an emergency, outside of office hours, please call 0191 386 6111