The corporate complaints procedure defines a complaint as:
"an expression of dissatisfaction or disquiet by a service user or their representative which requires a response in writing."
A compliment is where someone feels the service or individual has performed well or wishes to give praise, express admiration or give congratulations.
A complainant is a local resident making a complaint.
Public health forms part of our adult social care and health directorate. Therefore, this policy for public health reflects our adult care complaints policy and procedure as well as the corporate procedure.
Public health both delivers and commissions services and actively encourages feedback – whether positive (compliments) or negative (complaints) about any member of public health staff or commissioned service. The department ensures feedback is taken seriously and that this does not automatically suggest poor practice or place blame.
Colleagues at all levels have a responsibility to listen to customer feedback and learn from mistakes. The department will openly demonstrate learning and corrective actions made as a result. Colleagues and clients will use feedback to work together to improve the services provided and put things right.
Complainants will be kept informed of response timescales and where appropriate, what will be done as a result of their feedback.
Wherever possible, we will actively seek to resolve a problem without the need for the more formal complaints process to be entered into. Prompt and sensitive responses should be given to expressions of dissatisfaction.
This complaints procedure does not affect the right of an individual or organisation to approach an elected member for advice or assistance.
The complaints process
Service queries
Officers receiving a complaint should wherever possible attempt to resolve that problem within 1 working day. Where this occurs, it should be recorded as a service matter rather than a complaint.
Timescales
If a complaint cannot be resolved within 1 working day and is made verbally, the complaint should be acknowledged verbally with the offer of written confirmation of the complaint and the anticipated response timescale.
For complaints received in writing acknowledgement giving likely response timescale will be sent within 3 working days by email or in writing.
Any officer within a team will be responsible for investigating the complaint, with the group manager or public health lead having oversight. The complainant will, where appropriate, be contacted to discuss the details of a complaint and to agree the next steps.
A written response will be sent within the agreed timescale given in the initial acknowledgement. The department's recommended timescale is to respond within 10 working days of the acknowledgement.
In more complex complaints where investigations require a longer period of time it is more appropriate to set a 20-working-day timescale from the outset and to keep the complainant advised accordingly.
Where it becomes clear that the response will take longer than 20 days, the complainant will be informed of this in writing within the initial timescale and given the reason for the delay along with the revised timescale.
Responses will be courteous with the aim of finding solutions to problems. Jargon will be avoided, and correspondence written clearly.
Where appropriate, mistakes will be acknowledged, apologies given, and learning points and improvements shared.
Where a complaint is found to be justified the appropriate remedy will be offered. This will normally include an apology and an explanation.
Time limit on making a complaint
A person making a complaint must make their complaint no later than 12 months from the date of the matter causing concern or the date on which the matter being complained about came to the notice of the complainant. Any exception to this can be negotiated and agreed by the group manager and or public health lead.
A person making a complaint is then referred to as the 'complainant'. We have the discretion to decide whether the complainant is suitable to act as a representative in the individual's best interests. If the group manager or assistant director considers them to be unsuitable, the complaint must not be further considered under these regulations, and the reasons for this decision given in writing.
Information on advocacy advice is available to all complainants.
Commissioned services
It's our responsibility to ensure that complaints relating to services provided by public health commissioned services are dealt with satisfactorily as they remain responsible for the actions of those providers.
Public health monitors complaints that have been received by each provider on a regular basis and reported into the performance governance group as required.
There is an expectation that initially the provider will be given the opportunity to investigate and respond directly to the complainant.
Where the complainant remains dissatisfied, then the complaint will be considered within these procedures with the relevant group manager and the service manager will take responsibility for responding to the complaint.
Independent investigation / stage 2 complaints
In very rare cases, it is not possible for the complainant to agree with the group manager or public health lead initial response. These matters will be referred to an assistant director, who if they feel appropriate can ask the public health performance governance group to consider the matter as a confidential item.
In some instances, the public health performance governance group will consider alternative opportunities to resolve the complaint, such as an independent investigation or audit. Where independent investigation is chosen, a representative from the group will:
- where possible, meet with the complainant to agree the details of the complaint and explain fully the complaints process.
- appoint an investigating officer from another area of public health
Complaints will involve an independent person at the discretion of the public health quality and performance governance group. The investigator(s) will provide a detailed report with recommendations. The report will be reviewed and subject to comments by the public health quality governance group. This will usually be within 25 working days, however, in exceptional circumstances, this can be extended to 65 working days.
The assistant director should write to the complainant within 15 working days following receipt of the investigation report. The letter should explain how we propose to respond to the conclusions and recommendations of the independent report.
The assistant director may offer to meet the complainant as part of the adjudication process. At this point the complainant will be informed what action is intended by the authority and inform them that if they remain dissatisfied that they may go to the ombudsman for further consideration.
Anonymous complaints
Anonymous complaints will always be recorded in the same way as other complaints. However, they do fall outside the statutory procedure and it is up to us to decide what follow-up action should be taken.
The anonymity does not in itself justify a decision not to investigate nor should it rule out referral to other procedures as appropriate.
Unreasonable persistent complainants
We're committed to dealing with all complaints fairly and impartially and it would not normally limit contact that complainants have with its staff and its officers. However, sometimes complainants can, due to the frequency of their contact, hinder our consideration of complaints.
It is important for staff to distinguish between people who make a number of complaints because things have gone wrong and people who make unreasonably persistent complaints.
Compliments
Any compliments received into public health will be logged and shared with the relevant staff. Compliments for commissioned services will be shared by the commissioning manager. Information received from compliments will be used to inform good practice.
Public health encourages regular feedback on services and would encourage teams to routinely consider asking for feedback after an intervention, project or programme has come to an end. Any compliments can then be logged, and this feedback will inform wider service evaluation.