Contact : Graham Linecar Ext: 7390

1. Corporate monitoring of complaints to
County Council Departments/services

1.1. Each Department is now required to monitor complaints made about that service and report to the appropriate Policy Review Committee on numbers, issues raised and outcomes. This is a new procedure, and Departments are compiling and analysing data for those reports. A copy of the County Council's complaints procedure is attached (A).

1.2. The attached table (B) sets out summary data of numbers of complaints received by each service in 2001-02. The second column records the number escalating to the second stage of the corporate procedure - response by chief officer/head of service. This indicates performance in resolving complaints when initially made : only a small proportion of complainants are dissatisfied with the initial response (stage 1 of the corporate procedure) and pursue their complaint with the head of service.

1.3. The Committee should take satisfaction from these statistics which show that a high proportion of complaints are dealt with to the satisfaction of the complainant when they first raise the issue with staff concerned, only a small proportion are dissatisfied and proceed to pursue their complaint through successive stages of the complaints procedure.

1.4. The `average time' records the average time taken to respond to complaints. The corporate standard is to respond within 20 days. All services responded to complaints promptly and met that standard in 2001/02.

1.5. The last column records compliments.

1.6. Figures are not comparable between services/Departments. It is not always easy to distinguish a `complaint' from a `suggestion' about how a service might be improved or a `report' of a fault. All Departments are improving the thoroughness of complaint recording, but it is inevitable that, in services with many points of contact with the public, some complaints go unrecorded.

1.7. The Committee will note that not all recorded complaints are complaints from the public about the County Council's services to the public. For services like libraries, country parks, trading standards and Social Services, almost all recorded complaints will be expressions of dissatisfaction from service-users - the public. A significant proportion of what the County Treasurer records as complaints are from staff and pensioners, individuals but not users of services to the public. A significant proportion of the Education Department and Property, Business and Regulatory Services complaints recorded in the table under `Property' and `Business' are, however, likely to be from organisations such as schools expressing dissatisfaction with services provided under service level agreements or other quasi-contractual arrangements. They are still complaints, but not complaints from the public about County Council services to the public. And Departments' management teams need to take such complaints into account in reviewing management of services in the same way as those providing services direct to the public take account of complaints from service users.

1.8. No Department or service reported any complaints considered to be racially motivated.

2. Ombudsman's Annual Report 2001/02

2.1. The three Local Government Ombudsmen have published their Annual Report 2001/02. They recorded a 4.5 percent decrease nationally in the number of complaints made to them compared with the previous year. This was because of the fall in the number of complaints about housing benefit administration. However, that means the reduction is reflected in figures for those authorities with the most problems with housing benefit administration. Complaints against many authorities, including the County Council, continue to rise reflecting trends toward an increasingly litigious society.

2.2. The Ombudsman determined 56 complaints against the County Council, compared with 46 determinations in the previous year. For comparison, corresponding figures for Essex County Council were 47 and 41 and for Kent, 64 and 56.

2.3. In some cases, the Ombudsman is able to reach a conclusion on a complaint without asking the County Council for comment or further information. However, many require a response. Each takes considerable staff time to prepare both within the Chief Executive's Department and the service department. The Ombudsman asks for a response within 15 working days which can place pressure on the departments and officers involved. In 2001/02 he asked the Chief Executive to respond to 19 enquires.

2.4. In most cases, the Ombudsman reaches a determination of the complaint on the basis of that information, or following a further request for clarification on particular points or for specific additional information. In a few instances, the Ombudsman's investigator proceeds to inspect files and interview those involved, and that can include Members. In almost all cases, the Ombudsman then writes in confidence to the complainant setting out reasons for discontinuing investigation of the complaint, copying the letter to the County Council.

2.5. 29 of the complaints determined by letter in 2001/02 were found to be unjustified and a conclusion of no maladministration recorded. 12 were found to be outside the Ombudsman's jurisdiction. 13 investigations were discontinued for other reasons, most because initial investigation established that the complainant had suffered no real injustice - and the Ombudsman's principal purpose is to assist individuals who have suffered significant injustice as a consequence of maladministration. In 1 case investigation was discontinued because the Ombudsman considered action taken by the County Council subsequent to receipt of the complaint had established a reasonable settlement of the issue for the complainant.

2.6. The law provides for the Ombudsman to publish reports of investigation of complaints. Very few investigations reach this stage. Most are discontinued at the Ombudsman's discretion without publication of a report. In 2001/02 only one investigation of a complaint against the County Council proceeded to publication of a report. It related to a Social Services matter, the report recorded that the County Council had settled the complaint. A report was made to this Committee on 29 January 2002.

2.7. As in previous years, the largest number of complaints were about Social Services (14). These were 12 complaints about Education Department services. (Figure inflated by there being separate recorded determinations of the same complaint made by 8 complainants.) There were 9 complaints about school admission appeals and 7 about highways related matters. There were 4 complaints each about Estates, Planning and the Chief Executive's handling of claims made against the County Council.

2.8. The Ombudsman who deals with Hampshire comments in his report on the advantages for complainants and bodies against whom the complaints are made of bringing together in one organisation the services of the Local Government, Parliamentary and Health Service Ombudsmen. It is hoped a Bill may be presented to Parliament next year. He comments on recent calls for a Children's Commissioner, one role of which would be to act as advocate in bringing children's complaints to the Ombudsman.

2.9. The Ombudsman for the Midlands and Northern England comments in her report `Sadly, an increasing number (of complainants) not only argue with my decision, but express anger and even abuse against my staff,' an experience shared by County Council officers dealing with complainants. During the year, a policy has been adopted setting out arrangements for dealing with `difficult complainants,' that is with both aggression and harassment from complainants and with obsessive complainants who pursue complaints in an unreasonable manner or make repeated complaints, with consequent demands on officer time.

Recommendation

It is recommended that the Committee notes with satisfaction the small number of complaints compared with the size, range and complexity of the County Council's functions and that in 2001/02 the Local Government Ombudsman discontinued investigation of all complaints against the County Council and that in the one case where a report of investigation was published it recorded that the County Council had satisfactorily settled the complaint.

Section 100 D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB the list excludes:

1. Published works

2. Documents which disclose exempt or confidential information as defined in the Act.

File Location

Complaints Monitoring Returns 2001-02