16 Feb 2024

The LGSCO Release the Complaint Handling Code

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The Complaint Handling Code sets out the procedure an organisation should follow in order to handle complaints in a transparent and accessible way. The Code falls under the powers of the Local Government and Social Care Ombudsman (LGSCO) under s23 (12A) of the Local Government Act 1974. Local authorities will be expected to take the Code into consideration as a form of guidance when creating policies and procedures.

The Code has come about to enhance the quality and procedure in which local authorities handle complaints. It aims to cultivate an environment of positive complaint handling, where individuals feel comfortable bringing forward a complaint to other staff in an organisation. An expectation of organisations is to also adopt a culture of learning from complaint handling to deliver service improvements.

Organisations should be aware that there are two stages during the complaint process. Stage 1 involves acknowledgement of the claim and having it logged within five working days of the complaint being received. There must also be a full response within ten working days of the acknowledgement. Any extension to this timescale should not surpass more than ten working days without good reason and individuals must be informed of the reason and expected timescale. Stage 2 is progressed when the complaint is not resolved in stage 1. Requests to escalate the case must be acknowledged and logged within five working days of the request. The organisation then has twenty days from the time that the complaint was acknowledged to issue its final response. The individual who considered the complaint in stage 1 must not then consider the complaint in stage 2.

Each case is to be decided on its own merit. Organisations should take into consideration the complexity of each complaint as well as whether the individual is particularly at risk or vulnerable.

Part of the procedure for the Code is for organisations to collate an annual report to produce complaints performance and improvement. The report should include a self-assessment to ensure continued compliance with the requirements of the Code; qualitative and quantitative analysis of complaint handling performance; any findings of non-compliance; service improvements made; the annual letter from the Ombudsman regarding the organisation’s performance; and any other relevant reports produced by the Ombudsman.

The Code will start to be implemented alongside current processes from 2026/27 onwards, to give local authorities the necessary time to prepare for its incorporation. The LGSCO advises that it should be noted the receipt of many complaints does not necessarily indicate the failures of an organisation. It may instead denote the start of a positive complaint handling culture within the organisation.

 

The final version of the Code is available here: The Complaint Handling Code

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