Complaints Procedure

The Council is committed to ensuring that our Complaints Policy is accessible and fair to all complainants. We comply fully with our duties under the Equality Act 2010, including the duty to make reasonable adjustments for disabled people.

Please read the Council’s Reasonable Adjustment Policy for Customers or contact us for a copy of this policy in another format.

A complaint is defined as:

‘An expression of dissatisfaction, however made, about the standard of service, actions or lack of action by the Council or landlord, its own staff, or those acting on its behalf, affecting a complainant or group of complainants.’

A person does not have to use the word “complaint” for it to be treated as such. Whenever dissatisfaction is expressed, the individual will be given the choice to make a complaint. Complaints submitted by a third party or representative will be handled in line with this policy.

Each complaint will be considered on its merits. We consider the individual circumstances of each complaint. Where a decision has been made not to deal with a complaint through this policy, you will be provided with an explanation and advised of your right to take our decision to the relevant Ombudsman.  Further details can be found at Appendix A.

A service request is a request from a complainant (or someone acting on their behalf) to the Council requiring action to be taken to put something right.

Service requests are not complaints. They will be recorded, monitored and reviewed regularly. They will be handled promptly through the Council’s normal service delivery processes and in accordance with the relevant service standards and policies.

All service requests will be:

• centrally recorded by the Information Governance team’s systems;
• actioned in line with agreed service timescales;
• monitored for progress; and
• regularly reviewed to identify any recurring issues or opportunities for service improvement.

A complaint will be registered at Stage 1 of our policy if you express dissatisfaction with the response to your service request, even if the handling of the service request remains ongoing. We will not stop our efforts to address the service request if you complain.

Where a service request becomes a complaint, we will:

• continue to progress the original service request without delay (complaining will not stop or slow down the action required); and
• handle the complaint separately in accordance with the two-stage complaints process set out in this policy.

The Council’s Information Governance Team (who are independent of the service your complaint is about) act as a central hub, ensuring that complaints are recorded and dealt with in accordance with this policy.

We follow a two-stage process. You can raise a Stage 1 complaint or escalate to a Stage 2 complaint in any of the following ways:

• Online using our Feedback Form | My Wealden
• By email to complaints@wealden.gov.uk
• In person by speaking to any member of Council staff
• By telephone by speaking to a member of our customer services team on 01323 443322
• In writing to us at:

Information Governance Team

Council Offices

Vicarage Lane

Hailsham

BN27 2AX

You have the opportunity to have a representative deal with a complaint on your behalf, and to be represented or accompanied at any meeting with the Council. Please note that consent from the complainant for someone else to act on their behalf will be required before the complaint can be logged and progressed.

Complaints submitted via a third party or a representative will be handled in line with this policy.

Acknowledging the complaint

Upon receipt of a complaint, a detailed acknowledgement will be sent from the relevant service manager, within five working days of the complaint being received, which will include:

• our understanding of the complaint
• any request for clarification
• the outcomes the complainant is seeking
• which aspects we are and are not responsible for
• details of when a response can be expected
• if there are reasons why the matter cannot be considered as a complaint or escalated (Appendix A)
• details of the Ombudsman service

Responding to the complaint

A full written response to a Stage 1 complaint will be issued within 10 working days of the complaint being acknowledged.

We may extend the Stage 1 response timescale. Any extension must be no more than 10 working days without good reason and if applicable, the reason(s) will be clearly explained. Where an extension is required, we will contact you to agree appropriate intervals for progress updates and confirm a revised expected timescale for response. When we inform you about an extension, we will provide you with the contact details of the relevant Ombudsman.

We will issue a Stage 1 response as soon as the outcome of the complaint is known, rather than waiting for all associated actions to be completed. Where actions remain outstanding at the time the response is sent, these will be clearly set out, and the complainant will receive regular updates on progress until they are completed.

If, during the Stage 1 investigation and before a response has been issued, the complainant raises additional concerns that are related to the original complaint, these will be incorporated into the ongoing Stage 1 investigation and response.

Where new issues are raised after the Stage 1 response has been issued, where the issues are unrelated to the original complaint, or where addressing them together would cause unreasonable delay, we will record these as a separate complaint and acknowledge them in accordance with this policy.

Our Stage 1 decision letters will clearly explain:

• the stage of your complaint
• our understanding of your complaint
• the information and evidence we have taken into account
• our decision and our reasons for reaching that decision
• details of any outstanding actions
• where something has gone wrong, when and how we will put it right
• where appropriate, any changes we will make to processes and policies
• how you can escalate the matter if you are not satisfied with our response

You have the opportunity to have a representative deal with a complaint on your behalf, and to be represented or accompanied at any meeting with the Council. Please note that consent from the complainant for someone else to act on their behalf will be required before the complaint can be logged and progressed.

Complaints submitted via a third party or a representative will be handled in line with this policy.

All Stage 2 complaints, however they are received, will be referred to the Information Governance Team. All complaints at Stage 2 will be acknowledged, defined and logged on the Council’s central complaints database.

If all or part of the complaint is not resolved to the complainant’s satisfaction at stage 1, it will be progressed to stage 2 of the Council’s procedure. Stage 2 is the Council’s final response.

Complainants are not required to explain or justify why they wish to escalate their complaint. However, the Information Governance Team may contact the complainant to understand the outcomes sought and clarify any remaining concerns to support a fair and effective review.

All complaints at stage 2 will be acknowledged, defined and logged on the Council’s central complaints database within five working days of the escalation request being received.

This acknowledgement will include:

• Our understanding of the complaint
• The outcomes the complainant is seeking
• Which aspects we are and are not responsible for

The person considering the complaint at Stage 2 will not be the same person that considered the complaint at Stage 1.

We will issue a full written response to the complainant at Stage 2 within 20 working days of the complaint being acknowledged at Stage 2.

We may extend the Stage 2 response timescale. Any extension must be no more than 20 working days without good reason and if applicable, the reason(s) will be clearly explained. Where an extension is required, we will contact you to agree appropriate intervals for progress updates and confirm a revised expected timescale for response. When we inform you about an extension, we will provide you with the contact details of the relevant Ombudsman.

We will issue a response as soon as the outcome of the complaint is known and will not delay responding until all associated actions have been completed. Where actions remain outstanding at the time the response is issued, we will clearly set these out, including expected timescales for completion and details of who is responsible for delivering them. The complainant will be kept informed through further updates as progress is made and actions are completed.

Stage 2 investigations will be conducted by a more senior officer and focus on whether the Council has followed the appropriate administrative processes and acted in accordance with relevant policies, procedures, and legislation. The complaints process does not reconsider the merits of decisions or substitute the professional judgement of officers. The review will assess whether the service acted fairly, proportionately, and reasonably, and, where a remedy is offered, whether it appropriately reflects the impact on the complainant of any fault identified.

Our Stage 2 decision letters will clearly explain:

• the stage of your complaint
• our understanding of your complaint
• the steps we have taken to investigate your complaint
• the information and evidence we have taken into account
• our decision and our reasons for reaching that decision
• where something has gone wrong, when and how we will put it right, giving consideration to the guidance on remedies issued by the Local Government & Social Care Ombudsman and Housing Ombudsman Service
• where appropriate, any changes we will make to processes and policies
• how you can escalate the matter if you remain dissatisfied.

Any member of the public can complain to an Ombudsman Service at any time, but the Ombudsman would normally expect to see that the Council’s own Complaints Policy has been exhausted first.

The Information Governance Team will oversee all Ombudsman complaints and act as the link between the Ombudsman and relevant service teams to request and collate any required information. The Information Governance Manager will prepare written responses on behalf of the Council and liaise with the Ombudsman pending resolution of cases.

In producing this Policy, we have had regard to the Housing Ombudsman Services and the Local Government and Social Care Ombudsman Complaint Handling Codes.

The Local Government Ombudsman (LGSCO) looks at complaints about Councils and their details together with an online form can be found on their website:

• Online: Complaint Form – Local Government and Social Care Ombudsman
• Phone: 0300 061 0614
• Write to:

        Local Government & Social Care Ombudsman,

        PO Box 4771,

        Coventry,

        CV4 0EH

• Website: lgo.org.uk

The Housing Ombudsman Service (HOS) looks at complaints about registered providers of social housing and they can be contacted using the following details:

• Online: Online complaint form | Housing Ombudsman
• Phone: 0300 111 3000
• Write to:

        Housing Ombudsman Service,

        PO Box 1484,

        Unit D,

        Preston,

        PR2 0ET

• Website: housing-ombudsman.org.uk

For leaseholders and tenants of the Council where domestic heating is provided by a heat network, a complaint can be made to the Energy Ombudsman who can be contacted using the following details:

• Online: Raise Your Energy Dispute | Energy Ombudsman
• Email: enquiry@energyombudsman.org
• Phone: 0330 440 1624
• Write to:

        Energy Ombudsman,

        PO Box 966,

        Warrington,

        WA4 9DF

• Website: www.energyombudsman.org

If you are not satisfied with how we have handled your personal data or any GDPR-related complaint, you have the right to lodge a complaint with the Information Commissioner’s Office (ICO) who can be contacted using the following details:

• Online: Check if you can complain | ICO
• Phone: 0303 123 1113
• Website: ico.org.uk

Where your complaint relates to a service delivered by a contractor acting on the Council’s behalf, your complaint will be handled in line with this Complaints Policy and the Housing Ombudsman Complaint Handling Code.

The Council remains responsible and accountable for complaint handling and complaint outcomes, even where services are delivered by a contractor or other third party on our behalf.

Our contractors are required to:

• recognise and accept complaints in line with this policy;
• follow the Council’s complaint handling process and timescales;
• communicate clearly and accessibly with complainants;
• provide responses that address the complaint issues, explain decisions reached, identify learning and set out any actions or remedies where appropriate; and
• cooperate with the Council throughout the complaint process.

Complaints received directly by a contractor must be reported to the Council and recorded on the Council’s central complaints system. Contractors must not operate separate complaint processes that prevent or delay access to the Council’s complaints procedure.

Contractors will carry out Stage 1 and Stage 2 complaints and the Council will maintain oversight of complaints handled by contractors, monitoring performance, complaint outcomes and learning and compliance with complaint handling requirements.

Where a complainant remains dissatisfied, they will have access to the Council’s escalation process in the same way as for complaints relating to services delivered directly by the Council.

Where a complaint relates to the conduct, behaviour, or actions of a member of staff, the Council will consider the matter under this Complaints Policy.

Complaints will be investigated fairly and objectively, focusing on whether services were delivered appropriately and in accordance with relevant policies, procedures, and standards.

While the Council will not normally comment on or disclose details of any internal disciplinary or human resources processes, it will ensure that concerns are taken seriously and addressed appropriately.

Where a complaint identifies service failure, the Council will set out any learning, improvement actions, or remedies required to prevent recurrence, while protecting staff confidentiality.

A key function of the Complaints Policy is to facilitate continuous improvement and ensure that the Council learns from complaints and uses them to improve services.

Each complaint dealt with at stage 1 and 2 of this policy will be analysed for learning points.  A summary of outcomes and recommendations from complaints, including progress on implementing them, will be reported to the Council’s Senior Leadership Team and annually to Members within the Annual Customer Insights Report.

Where something has gone wrong, we will acknowledge this and set out the actions we have already taken, or intend to take, to put things right. This can include:

• apologising
• acknowledging where things have gone wrong
• providing an explanation, assistance, or reasons
• taking action if there has been delay
• reconsidering or changing a decision
• amending a record, adding a correction, or addendum
• providing a financial remedy
• changing policies, procedures, or practices

Any remedy offered will reflect the impact on the complainant as a result of any fault identified. The remedy offer will clearly set out what will happen and by when, in agreement with the complainant where appropriate. Any remedy proposed will be followed through to completion.

We will take account of the guidance issued by the Ombudsman when deciding on appropriate remedies.

You have the right to have your complaint dealt with but equally our members of staff have the right to be treated with courtesy and respect. The Council recognises that it has a duty of care towards staff and that duty of care involves having a safe working environment.

Unacceptable behaviour may include behaviour that is abusive, threatening, offensive, discriminatory, intimidating or harassing. It may also include repeated unreasonable demands, excessive contact, refusing to engage with the complaints process in a reasonable way, or behaviour that places an unreasonable burden on staff or affects the Council’s ability to provide services to others.

Staff experiencing this behaviour are advised to liaise with the Information Governance and Human Resource Teams to consider if any safeguards need to be put in place.

Any restrictions placed on a complainant’s contact due to unacceptable behaviour will:

• be appropriate to their needs
• demonstrate regard for the provisions of the Equality Act 2010

Any complaint raised will still be fully investigated and taken through the Council’s two-stage complaints process to completion. Any restrictions placed on a complainant accessing the complaints process will be reviewed under the Council’s Managed Contact Policy.

Further information on this policy is available from the Information Governance Team. You can contact us in the following ways:

• email: complaints@wealden.gov.uk
• telephone: 01323 443322
• Write to us at:

Information Governance Team

Council Offices

Vicarage Lane

Hailsham

BN27 2AX

If you have made a complaint to us, you can share your experience by completing our Complaint Satisfaction Form.

The form is completely voluntary. You do not have to complete it, and choosing not to do so will not affect any current or future dealings with us.

Access the Form here:  Customer Satisfaction Survey

You can also request a copy of the form:

• By email: Request a copy of the form by emailing complaints@wealden.gov.uk
• By post: Write to us at the Council Offices requesting a Complaint Satisfaction Form

The form should take no more than 5 minutes to complete.  

Important Information

• Your feedback is confidential and will be used only for service improvement purposes.
• We will analyse responses to identify trends and make improvements.
• This feedback process operates independently of the original complaint investigation.

Thank you for taking the time to help us improve. Your input is greatly appreciated.

We have set out below the circumstances in which a matter will not be considered as a complaint or escalated:

• A decision taken by a committee of elected members of the Council, or by Full Council.
• Where the complainant or another person has started legal proceedings against the Council. This is defined as details of the claim, such as the Claim Form and Particulars of Claim, having been filed at court.
• Where the Council has started legal proceedings relating to the matter of complaint. This is defined as details of the claim, such as the Claim Form and Particulars of Claim, having been filed at court.
• Matters which are under consideration by another function of the Council e.g. a live planning application.
• Complaints where an alternative right of appeal exists, e.g. an appeal against a Housing Benefits/Council Tax Benefit decision, appeal against a planning decision, appeals against Penalty Charge Notices, homelessness decision reviews, housing allocations policy reviews, matters where there is a right of appeal via Judicial Review, etc.
• Complaints about the decision of a recruitment process.
• Allegations of fraud or corruption that would more appropriately be dealt with by the Council’s Anti Fraud Anti-Corruption Strategy 2019 or Whistleblowing Policy or referral to the Monitoring Officer.
• Complaints about contractual matters.
• Matters that the complainant knew about more than 12 months before the complaint was made unless there are good reasons for why they have not been raised with the Council sooner.
• Those matters already dealt with through appropriate complaint or appeal and where that process has been exhausted. These matters will only be considered again if new relevant evidence comes to light which may impact on the previous outcome.
• Complaints about elected or co-opted members of the Council should be made through the Council’s separate councillor complaints process: Complaining about a councillor
• Matters that have previously been considered under this Complaints Policy unless there’s a material change in circumstances.
• Complaints from members of staff relating to personnel matters.
• The application of restrictions under the Council’s Managed Contact Policy will not, in itself, be treated as a complaint. This applies only to the specific restrictions imposed. However, these restrictions do not prevent individuals from accessing the Complaints Policy. Any complaint raised will still be fully investigated and taken through the Council’s two-stage complaints process to completion.