Complaints - procedure

Introduction - A policy for handling feedback

The way in which comments and complaints are handled is a crucial indicator of successful customer care and assists the Council to develop a more confident and responsive way of working.

Separate complaints procedures exist for Social Care Services and for locally managed schools. In cases, such as planning applications and entitlement to benefits, the service user has a statutory right of appeal against the Council’s decision.

The procedure outlined in this document seeks to complement these approaches, rather than to replace them.

The Council’s Commitment.

To ensure that there is a proper and timely response to comments and complaints, the Council has established a procedure for receiving and responding to feedback.

The Council’s timescales for responding to feedback received are:

  • 3 working days for acknowledgements
  • 15 working days for full responses

The Council:

  • is committed to using the information gained from the procedure to improve service quality;
  • will ensure that the procedure is publicised, and is available in Welsh, Braille and Large Print; and
  • will provide training for all staff involved in operating the feedback procedure.

The Principles of our Complaints Procedure

The following principles apply in the operation of our Complaints Procedure, which will:

  • be easily ACCESSIBLE and well-publicised
  • be SIMPLE to understand and use
  • allow SPEEDY handling, with established time limits for action, and keep people informed of progress
  • ensure a full and FAIR investigation
  • respect people's CONFIDENTIALITY
  • address all the points at issue, and provide an EFFECTIVE response and if appropriate, redress.
  • provide INFORMATION to management so that services can be improved.

Comments, compliments and complaints – The 3c’s approach

Our aim is to solicit and act on customer feedback in an effective manner to receive constructive comments and positive feedback, as well as being sufficiently robust to address complaints when things go wrong.

Informal Comments and Compliments

Most comments and compliments will be made to staff on an informal basis, usually face to face or by telephone.

A manager will decide whether comments can be used to improve service delivery and will write to the person concerned, informing them of the outcome of their comment.

Formal Comments and Compliments

Written comments or compliments and will be dealt with as follows;

  • Written comments or compliments will be recorded and acknowledged.
  • Written comments will be acknowledged and passed on to the relevant manager for evaluation and the manager will notify the sender whether any changes in service delivery can be implemented as a result.
  • Compliments will be acknowledged and managers will ensure that relevant staff are promptly notified.

Complaints

A complaint can be defined as “an expression of dissatisfaction, however made, about the standard of service, or the actions, (or lack of action) of the Council (or its staff) in relation to an individual or a group of service users”.

A complaint is not

  • a first request for action
  • a first request for service
  • a first request for information, or explanation.

A complainant is usually someone who has been allegedly wronged, for example by being denied a service to which they are entitled or by being treated less favourably than someone else in the same situation.

Complainants are persons who receive a service provided by Rhondda Cynon Taf County Borough Council, or by organisations acting on our behalf.

All complaints will be treated seriously, responded to within our stated timescales and dealt with fairly unless they are considered mischievous or vexatious.

Complaints relating to services provided by others on behalf of the Council

When functions and services are provided by others on behalf of the Council, service users are able to complain about such services, using this procedure, once the service provider’s complaints procedure has been exhausted and the complainant remains dissatisfied.

Complaints against elected Members of the Council

If a complaint is made in connection with the actions or behaviour of a Councillor, this will be immediately referred to the Council’s Monitoring Officer, for possible consideration by the Standards Committee.

The complaints procedure

This procedure is divided into 3 distinct stages:

  • Informal Stage
  • Formal Stage
  • Review Stage

Informal Stage

Complaints may be written, made by phone or in person, by the complainant or by someone acting on the complainant's behalf.

The Service Feedback Co-ordinator will ensure the complaint is assessed to ascertain the complainant’s expected outcome and how the service can be improved.

The complaint will be acknowledged in writing.

The Service Feedback Co-ordinator will arrange for the matter to be resolved informally within 15 working days and the letter of response will be sent to the complainant, with advice on how to progress the matter to the formal stage if dissatisfied.

Formal Stage

  • A formal complaint must be made in writing. If required, assistance will be offered to the complainant to construct the letter, detailing the complainant’s desired outcome and any relevant information not provided at the informal stage.
  • The formal complaint will be acknowledged, explain the procedure involved, and stating the timescale for a full response.
  • An appropriate officer will be designated by the Service Feedback Co-ordinator to undertake the investigation, which will involve examining all relevant documentation and, if appropriate, interviewing staff and also the complainant.
  • A formal letter of response will be sent to the complainant and where the complaint is upheld, will involve a written apology, rectification of the problem and confirmation of changes to the service to prevent a re-occurance of the problem.
  • If resolution is not possible within 15 working days, the complainant will be informed in writing as soon as possible with a revised timescale for completion.
  • If the complainant disagrees with the outcome of the investigation, the review stage can be requested. Guidance on how to do this will be provided in the formal letter of response.

Review Stage:

The review stage is independent of the service involved dealing with the complaint. Such requests must be made in writing to the Chief Executive, Rhondda Cynon Taf County Borough Council, The Pavilions, Cambrian Park, Clydach Vale, CF40 2XX.

The Public Services Ombudsman

The Public Services Ombudsman may investigate a complaint about alleged maladministration, when a complainant is not satisfied with the conduct or outcome of the Council’s Complaints Procedure.

The address of the Public Services Ombudsman for Wales is:

1 Ffordd yr Hen Gae
Pencoed
CF35 5LJ

Telephone number: (01656) 641150
Email: ask@ombudsman-wales.org.uk

Feedback monitoring and recording

The Feedback Procedure will be monitored and analysed, by the Service Feedback Co-ordinator, to determine:

  • the number of items of feedback received (and their categories)
  • whether feedback was dealt with within specified time limits
  • the stages at which complaints were resolved satisfactorily
  • the forms and categories of response provided
  • the actions taken to improve service delivery as a result
  • the effectiveness of the system and any impact as a result with the local community.

The Service Feedback Co-ordinator will forward a quarterly monitoring return to the Corporate Feedback Co-ordinator.

Council-wide feedback will be collated by the Council’s Corporate Feedback Co-ordinator and presented to elected Senior Managers and elected Members on an annual basis.

Additional Opportunities To Complain

i) Elected Members

This procedure does not affect the right of an individual to approach their local Councillor for advice or assistance. If appropriate, the local Councillor may refer complaints to a Service Feedback Co-ordinator.

ii) Judicial Review

In certain circumstances, the Council’s action can be the subject of a judicial review. There is a strict timescale for following judicial review and complainants will need to take their own legal advice for this.

Vexatious complaints

There are three main types of vexatious complaints:

  • people who make frequent complaints about a variety of different matters, which are not genuine or legitimate, and may be intended to disrupt the smooth running of the Council, or to voice public criticism through malice, or for political motives.
  • people who persistently make the same complaint (possibly with minor differences), because they refuse to accept the outcome of an investigation into their complaint
  • people who have been advised that they are seeking an unrealistic or unreasonable outcome, and intend to persist with their complaint until such an outcome is achieved.
  • It is not possible for the Council to devise a single response to deal with such complainants, so each complaint submitted will be considered on its merits. The Council will not undertake detailed and lengthy investigations into matters it regards as trivial or improperly motivated.

Verbal abuse or threats against staff

Council staff are not expected to put up with verbal abuse or threats from complainants, over the telephone, face to face, or in writing. Staff will be instructed not to deal with persistently abusive complainants directly. The complainant will be advised in writing that this instruction has been given and that all future communications will be made in writing only.

The importance of compliance with the complaints procedure

Failure by the Council to process complaints properly may result in a finding of maladministration by the Public Services Ombudsman.

The benefits of following the Complaints Procedure are that:

  • the Council can demonstrate its willingness to listen to service users
  • complainants are encouraged to define and concentrate on their expected outcome
  • a clear response timescale for response by the Council is identified
  • Council staff will have a clear understanding of how to respond to complaints
  • records will be kept to show that all complaints received have been handled fairly
  • the need for any service improvements will be identified and swiftly acted upon.

Contact Us

Tel: 01443 494700
Email: feedback@rhondda-cynon-taff.gov.uk

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Content authorised by: Customer Care
Last revised on: 25/1/2010