Complaint Handling policy and procedure
Contents
- 1. Executive Summary
- 2. Purpose of this Policy
- 3. When this Policy Applies
- 4. Our Approach to Complaints
- 5. Definition of a Complaint
- 6. How to Make a Complaint
- 7. Giving the Council the Opportunity to Put Things Right
- 8. Who Can Make a Complaint
- 9. Scope and Limitations
- 10. Deciding Whether to Accept a Complaint
- 11. Time Limits for Making a Complaint
- 12. Different Complaints Routes by Service Area
- 13. Corporate Complaints Process and Timescales
- 14. Confidentiality and Record Keeping
- 15. Managing Persistent, Unreasonable or Vexatious Complainants
- 16. Bringing Complaints to a Close
- 17. Contacting the Ombudsman
- 18. Performance, Learning and Improvement
- 19. Legislative and Regulatory Framework
- 20. Review of The Policy
- 21. Appendices and Related Documents
1. Executive Summary
1.1 Bradford Council is committed to handling complaints fairly, consistently and proportionately and within published timescales. Key changes since the previous policy include; alignment with Ombudsman Codes, clarified scope and definitions, updated digital/AI guidance, and strengthened governance and learning arrangements.
1.2 This policy explains how Bradford Council defines what constitutes a complaint, ensures complaints are ‘directed to the correct statutory or corporate route, handles them fairly and proportionately, and concludes complaints through reasoned outcomes, remedies and appropriate signposting.
1.3 It also explains the scope and limitations of the corporate complaints process; how statutory and specialist complaint routes operate; how the Council decides which route applies and how complainants may escalate matters, including contacting the appropriate Ombudsman.
1.4 The principles underpinning this policy are set out in Section 4. Detailed operational guidance sits beneath this policy in supporting procedures and service-specific arrangements are published on the Council’s internal and external complaints webpage.
1.5 The policy is aligned with the Local Government and Social Care Ombudsman (LGSCO) Complaint Handling Code and the Housing Ombudsman Service Complaint Handling Code.
1.6 The Council closely monitors complaint-handling performance through monthly and quarterly reports provided to the Corporate Management Team (CMT) and Departmental Management Teams (DMTs), ensuring senior leaders are aware of any non compliance with statutory or internal timescales. Performance is tracked at both departmental and service level, including response timeliness, uphold rates, and emerging themes.
1.7 The Council also publishes annual performance information and responds to Local Government and Social Care Ombudsman findings to benchmark against similar authorities.
1.8 The Council uses insights from complaints to inform continuous service improvement. This includes implementing targeted corrective actions, delivering staff training, strengthening communication, revising operational procedures and updating relevant policies, templates, guidance materials and online resources.
1.9 The Corporate Complaints Team also issues thematic reports, conducts detailed reviews, and engages directly with underperforming services to embed learning and raise standards.
2. Purpose of this Policy
2.1 This policy sets out how Bradford Council defines, accepts, handles and concludes complaints about its services. It explains:
- when the Council’s complaints process applies
- how complaints are distinguished from service requests and other expressions of dissatisfaction
- the scope and limitations of the complaints process
- how complainants may approach the appropriate Ombudsman
2.2 Detailed operational procedures and service-specific arrangements sit beneath this policy and are set out in supporting procedures and local arrangements.
3. When this Policy Applies
3.1 This policy applies to complaints about:
- services delivered directly by Bradford Council; or
- services delivered on the Council’s behalf by commissioned providers, managing agents or contractors.
3.2 Where a matter is subject to a separate statutory complaints procedure, statutory decision-making framework, appeal right or legal route applies, that process will normally take precedence over the corporate complaints policy. In such cases, the Council may consider a complaint about how a matter has been handled, but not the merits of the decision itself.
4. Our Approach to Complaints
4.1 The Council will handle complaints in line with the Local Government and Social Care Ombudsman guidance and following principles:
- early resolution: issues should be resolved as early as possible and at the lowest appropriate level
- opportunity to respond: the Council must normally be given a reasonable opportunity to put matters right
- proportionality: the complaints process is not a substitute for routine service delivery, legal processes or statutory appeal routes
- discretion: the Council decides whether a matter falls within the complaints process and which route applies
- learning: upheld complaints are used to improve services
- clarity and transparency: complaint responses will be clear, evidence-based and explain the reasons for the decisions reached
5. Definition of a Complaint
5.1 Complaint
5.1.1 A complaint is an expression of dissatisfaction about the standard of service, actions or lack of action by the Council or those acting on its behalf, which has personally affected an individual or group.
5.2 Service Requests
5.2.1 A service request is a request for the Council to provide a service, take action or address an issue, such as fixing a problem or arranging an improvement.
5.2.2 A service request is not a complaint. Delay, persistence or repeated contact does not of itself require escalation to the complaints process. The Council will consider the substance of what is raised, rather than the wording used and will determine whether a matter should be treated as a service request or a formal complaint.
5.2.3 Service requests will be directed to the relevant service area to action, with updates provided in line with standard service delivery timescales. Where resolved through normal service processes, the matter will not enter the complaints process.
5.3 Comments and Feedback
5.3.1 A comment is any feedback, positive or negative, sent to the Council following contact with a Council department or service. This could include a suggestion for service improvement or information regarding how well a service was performed.
5.4 Compliments
5.4.1 A compliment is an expression of praise to the Council or any member of Council staff. It could include an occasion where assistance given by a staff member was above and beyond the standard expected, or a service provided exceeded expectations. When we receive a compliment the Council records it and shares it with the relevant member of staff and their line manager.
6. How to Make a Complaint
6.1 Complaints can be made online, by email, by telephone or in writing. The Council does not require a complaint to be made in a particular format.
6.2 Accessibility
6.2.1 The Council is committed to ensuring compliance with the Equality Act 2010 by providing reasonable adjustments to enable individuals to access the Council’s complaints policy and procedures. Individuals may request any specific reasonable adjustment required.
6.3 Use of Digital Tools, Generative Artificial Intelligence (AI) and Clarity of Complaints
6.3.1 Where an AI-generated complaint is unclear, excessively long or contains multiple or unrelated issues, the Council may seek clarification to ensure the key concerns are understood and addressed. The Council will focus its response on the main issues identified, whilst taking a reasonable and proportionate approach to the information provided.
7. Giving the Council the Opportunity to Put Things Right
7.1 The Council should be given a reasonable opportunity to consider an issue, respond and take corrective action before it is treated as a complaint.
7.1.1 This may not apply where there is an immediate safeguarding risk, delay would cause significant detriment, a statutory process requires formal complaint handling, or the matter has been raised previously and there has been no reasonable response or resolution.
7.2 Where an issue is a service request and the Council has not yet had a reasonable opportunity to respond, it will be directed to the relevant service for resolution first. However, where there is clear dissatisfaction with how the matter has been handled, repeated contact without resolution or where it would be unreasonable to require further service engagement, the matter may be accepted into the complaints process.
8. Who Can Make a Complaint
8.1 A complaint may be made by:
- a person who receives a Council service;
- a person who can demonstrate they have been personally affected by a Council action, decision, delay or failure to act; or
- a person acting on behalf of someone else, provided they have the complainant’s consent or legal authority to do so.
8.2 Complaints made solely about matters that do not directly affect the complainant will not be accepted under this policy. Such matters may be considered outside the complaints process by service areas as feedback, enquiries or general correspondence.
9. Scope and Limitations
9.1 The Council’s complaints process is intended to consider concerns about how a service has been delivered, handled or communicated. It does not replace or override other statutory, regulatory or legal processes.
9.1.1 The complaints process cannot be used to:
- challenge the merits of lawful decisions properly taken through existing decision-making processes;
- bypass statutory appeals, reviews, tribunals or court processes;
- pursue employment, disciplinary, capability or staffing matters, which must be addressed through HR procedures;
- duplicate or interfere with safeguarding processes or statutory investigations;
- pursue matters where legal action has commenced;
- pursue whistleblowing, fraud or corruption concerns, which must be raised instead through the relevant reporting routes;
- pursue elected member conduct matters, which are dealt with through standards arrangements;
- pursue legal claims, insurance matters or litigation;
- obtain confidential, personal or third-party information;
- challenge the handling of data or information requests;
- consider complaints from contractors or suppliers of services or those working in partnership with the Council;
- dispute internal services provided by one department to another; or
- request a service where alternative reporting routes apply.
9.1.2 Where a complaint includes issues that fall both within and outside the scope of this policy, the Council will consider only those elements that are appropriate to address through the complaints process.
9.1.3 Where the complaints process is not the appropriate route, the Council will explain this and, where appropriate, direct the complainant to the relevant alternative process.
9.2 Complaints from Organisations and Professionals
9.2.1 Complaints from organisations, professionals or other public bodies will be considered at the Council’s discretion and will not normally be accepted where they concern professional judgement, regulatory decision-making or matters more appropriately addressed through another legal or contractual route.
10. Deciding Whether to Accept a Complaint
10.1 The Council will decide whether a matter is accepted as a complaint and which route applies. A matter may be refused as a complaint where:
- the complainant has not been personally affected, and it is not reasonable to consider that they have been impacted;
- the matter is a service request rather than a complaint;
- the issue has already been considered, and no new substantive information is provided that would lead to a different outcome; or
- another statutory or formal route applies.
10.2 The Council will explain its decision.
11. Time Limits for Making a Complaint
11.1 Complaints should normally be made within twelve months of the matter complained about or of the complainant becoming aware of it. The Council may consider complaints outside this timescale where there is good reason to do so and it remains reasonable and proportionate to investigate.
12. Different Complaints Routes by Service Area
12.1 Some Council services are covered by specific statutory or regulatory complaints arrangements. Where this applies, those arrangements take priority over the Council’s corporate complaints process. This section explains which complaints route applies to different service areas.
12.2 Adult Social Care
12.2.1 Complaints about Adult Social Care are handled under the statutory adult social care complaints process, set out in the Local Authority Social Services and NHS Complaints (England) Regulations 2009. This is a single-stage process.
12.2.2 The Council will acknowledge such complaints within 3 working days and agree a response timescale with the complainant, taking account of the nature and complexity of the issues raised. Where a response cannot be provided within the agreed timescale, the complainant will be kept informed.
12.2.3 Where Adult Social Care services are delivered by commissioned providers, complaints may be raised with either the Council or a commissioned provider. The Council will decide the most appropriate way for the complaint to be handled, which may include responding directly or asking the provider to investigate and respond on the Council’s behalf. The Council will retain overall responsibility for complaint handling and oversight, in line with the statutory complaints process.
12.2.4 This includes complaints about services arranged by the Council, including for people who fund their own care. Where care is privately arranged and the Council has no commissioning or statutory role, complaints about the provider’s actions should normally be raised directly with the provider. The Council may consider matters relating to its own involvement, where appropriate and within its remit.
12.2.5 Where an Adult Social Care complaint also involves health services, the Council will consider whether joint working with the relevant health organisation is appropriate. Any joint working will follow relevant statutory guidance. The Council remains responsible for handling and responding to the parts of the complaint that fall within its remit.
12.3 Children’s Social Care
12.3.1 Children’s Social Care services in Bradford are delivered by Bradford Children and Families Trust, which has its own statutory complaints procedure. Complaints about Children’s Social Care are not handled under this policy and must be raised with Bradford Children and Families Trust directly.
12.4 Council Owned Housing
12.4.1 Complaints about Council owned housing are handled under the Housing Ombudsman Scheme and in line with the Housing Ombudsman Complaint Handling Code. Housing complaints follow a two-stage complaint process.
12.4.2 Where housing services are delivered by managing agents or contractors, those organisations manage complaints in line with agreed contractual arrangements, however, the Council remains accountable as landlord for complaint handling, remedies and learning.
12.4.3 Once the landlord’s complaints process has been completed, tenants may refer their complaint to the Housing Ombudsman.
12.5 Complaints about Commissioned or Contracted Services
12.5.1 Where a complaint relates to a service delivered by a commissioned or contracted provider on the Council’s behalf, the contracted supplier will be responsible for investigating and providing an initial response to the complaint.
12.5.2 The Council retains overall accountability for complaint handling and will determine whether it is appropriate to respond directly in specific cases.
12.6 All Other Services (Corporate Complaints)
12.6.1 Complaints about Council services that are not subject to a separate statutory complaints procedure are handled under the Council’s two stage corporate complaints process in line with this policy. This does not replace statutory appeals or regulatory processes.
12.6.2 The Council retains discretion to determine how and when the stages of the process are applied, having regard to the nature of the complaint and the issues raised. This process applies to complaints relating to service delivery, administration and communication.
13. Corporate Complaints Process and Timescales
13.1 The corporate complaints process has two stages. Progression between stages is not automatic and is determined by the Council in line with this policy and relevant Ombudsman guidance. Where a complainant remains dissatisfied, the Council will consider if a Stage 2 review is appropriate, taking a reasonable and proportionate approach.
13.2 Stage 1 - Initial Complaint Response
13.2.1 At Stage 1, the Council will take a proportionate approach to handling complaints. This may include:
- considering whether any immediate action can be taken to resolve the issue;
- addressing the concerns without the needs for a detailed investigation where appropriate; or
- closing the complaint where the issue has been satisfactorily resolved.
13.2.2 Where a complaint cannot be resolved at Stage 1, the Council will decide whether any further investigation is appropriate, taking into account:
- the nature of the issues raised;
- whether any fault has been identified; and
- the impact on the complainant or wider public.
13.4 Stage 2 Review - Final Complaint Response
13.4.1 Where a complainant remains dissatisfied following a Stage 1 response, they may request a Stage 2 review.
13.4.2 Requests for escalation to Stage 2 should be made within six months of the Stage 1 response. Requests made outside of this timeframe may be considered at the Council’s discretion, taking account of the reasons for delay and whether further investigation would be reasonable and proportionate.
13.4.3 Where accepted, the Stage 2 review will be carried out by a Corporate Complaints Officer, who is independent of the service involved at Stage 1 and will consider whether:
- the complaint was handled appropriately at Stage 1;
- the response was reasonable and proportionate; and/or
- if any further action is required.
13.4.4 If the Council decides that no further investigation is required, the complainant will be informed of this decision and advised of their right to approach the Local Government and Social Care Ombudsman.
13.4.5 The Stage 2 response represents the Council’s final decision.
13.5 Timescales
13.5.1 The Council aims to acknowledge and respond to complaints promptly and within published timescales. Different timescales apply depending on the complaint route.
| Complaint | Acknowledgement | Response |
|---|---|---|
| Adult Social Care complaints (statutory single-stage process) | within three working days, in line with statutory complaints regulations | Within twenty working days |
| Corporate complaints (two-stage process) | within five working days of receipt, in line with the Local Government & Social Care Ombudsman Complaint Handling Code | Stage 1 response: within ten working days of acknowledgement Stage 2 (final stage) response: within twenty working days of escalation to Stage 2 |
| Housing complaints -including where managed by contracted agents (Council-owned homes) | within five working days, in line with the Housing Ombudsman Complaint Handling Code | Stage 1 response: within ten working days Stage 2 (final stage) response: within twenty working days |
13.6 Extensions and Delays
13.6.1 Where a complaint is complex, involves multiple services or requires further investigation, timescales may be extended in line with the relevant statutory framework or Ombudsman complaint handling code.
13.6.2 In such cases, the complainant should be informed of the reasons for the delay and the revised timescale. Any extension will be proportionate to the complexity of the case and kept to a minimum.
13.7 Identifying Fault and Providing Remedies
13.7.1 The Council will acknowledge when things have gone wrong and provide a remedy that is proportionate, appropriate, and reasonable.
Remedies may include:
- an apology;
- provide an explanation of what has gone wrong;
- describe any remedial action;
- review policies, procedures, or practices;
- recommend service improvements; and / or
- provide a financial remedy where appropriate.
14. Confidentiality and Record Keeping
14.1 The Council will handle complaints in accordance with applicable data protection legislation, including the Data Protection Act 2018 and UK GDPR. Personal data will be processed lawfully, fairly and transparently. The Council will not normally disclose personal, confidential or sensitive information about third parties through the complaints process unless there is a lawful basis to do so. Complaints will be recorded and retained in line with the Council’s Information Governance and Records Retention policies.
14.2 The complaints process will not be used as a substitute for information and data handling requests, including Subject Access Requests or requests made under the Freedom of Information Act. Where appropriate, individuals will be directed to the relevant process.
15. Managing Persistent, Unreasonable or Vexatious Complainants
15.1 This policy operates alongside the Council’s separate Managing Vexatious Complainants & Requests Policy.
15.2 Where a complainant’s behaviour becomes unreasonably persistent, abusive or places a disproportionate demand on Council resources, the Council may apply measures in line with the Managing Vexatious Complainants & Requests Policy.
15.3 This does not remove the right to contact the Council but regulates how contact is managed.
16. Bringing Complaints to a Close
16.1 Once a complaint has been fully considered and a final response issued, the Council may treat the matter as closed.
16.2 Further correspondence may not be responded to where no new substantive information is provided that would reasonably lead to a different outcome. Where the Council decides that a complaint will not be re-opened, it will explain this and signpost the complainant to the appropriate Ombudsman if they remain dissatisfied.
17. Contacting the Ombudsman
17.1 A complainant may contact the appropriate Ombudsman at any time.
17.2 The Ombudsman will normally expect the Council’s relevant complaints process to have been completed before considering whether to investigate, unless there are exceptional circumstances.
17.3 The Council will explain how to contact the Ombudsman when issuing its final response or closure correspondence.
18. Performance, Learning and Improvement
18.1 Learning from Complaints
18.1.1 In line with guidance issued by both the Local Government and Social Care Ombudsman and the Housing Ombudsman Service, the Council will record complaint outcomes and identify learning where appropriate. Learning from complaints will be used to inform service improvement, guidance and policy review.
18.1.2 The Council will take a proportionate approach to learning, recognising that not all complaints identify fault or require service change.
18.2 Scrutiny and Governance
18.2.1 The Council will maintain appropriate governance oversight of complaints handling performance and learning, including reporting to senior leadership, management and elected members where required. Governance arrangements will support assurance, accountability and continuous improvement across corporate, statutory and housing complaint routes.
18.2.2 Reporting includes trends, timeliness, outcomes, identified learnings and compliance with the relevant Ombudsman Complaint Handling Code.
18.3 Annual Performance Report
18.3.1 Each year, the Council will produce a Complaint Handling Performance and Activity Report, which will include:
- a review the previous year’s performance;
- provide both qualitative and quantitative analysis;
- benchmark performance against other councils;
- include information from the Local Government and Social Care Ombudsman’s annual letter; and
- highlight service improvements implemented during the year.
18.4 Self-Assessment and Publication
18.4.1 The Council will complete annual self-assessments in line with recommendations from the Local Government and Social Care Ombudsman and the Housing Ombudsman. The annual report and self-assessments will be published on the Council’s website to ensure transparency and accountability.
19. Legislative and Regulatory Framework
19.1 This policy sits within the following legislative and regulatory frameworks:
- Local Government Act 1974
- Care Act 2014
- Local Authority Social Services and National Health Service Complaints (England) Regulations 2009
- Housing Act 1996 and the Housing Ombudsman Scheme
- Data Protection Act 2018 and UK GDPR
- Equality Act 2010
- Human Rights Act 1998
19.2 This policy is not intended to remove or restrict any statutory right of complaint, appeal or review.
20. Review of The Policy
20.1 The Council will review this policy at least every two years, to ensure it remains compliant with legislative requirements, Ombudsman guidance and good administrative practice.
21. Appendices and Related Documents
21.1 This policy should be read alongside the following documents, which provide additional detail for specific circumstances:
21.2 Appendix A – Complaints Procedure
21.3 Related Documents
a) Managing Vexatious Complainants and Requests Policy
b) Managing Unacceptable Customer Behaviour Policy
c) Information Governance and Data Protection Policies
d) Whistleblowing, Safeguarding and Fraud Reporting Routes
e) Member Conduct and Standards Arrangements