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
- 14. Housing (Council Landlord Services) Complaints
- 15. Adult Social Care Complaints
- 16. Children’s Social Care Complaints
- 17. Data Protection Complaints
- 18. Bradford Council Complaints Timescales by Route
- 19. Complaints Involving More Than One Process
- 20. Remedies and Outcomes
- 21. Confidentiality and Record Keeping
- 22. Managing Persistent, Unreasonable or Vexatious Complainants
- 23. Bringing Complaints to a Close
- 24. Contacting the Ombudsman or Regulator
- 25. Performance, Learning and Improvement
- 26. Legislative and Regulatory Framework
- 27. Review of The Policy
- 28. Appendices and Related Documents
1. Executive Summary
1.1 This policy explains how Bradford Council defines and handles complaints. It sets out how the Council distinguishes complaints from service requests and other forms of contact, decides the correct corporate, statutory or regulatory route. It also explains how complaints are handled fairly and proportionately and how they are concluded through reasoned outcomes remedies and appropriate signposting.
1.2 This policy reflects the principles of the Local Government and Social Care Ombudsman Complaint Handling Code, the Housing Ombudsman Complaint Handling Code and the Council's obligations under relevant legislation, statutory guidance and regulatory requirements, including data protection law.
1.3 This policy includes separate sections for corporate complaints, Adult Social Care complaints, housing complaints and data protection complaints. These routes sit within one overall policy, but they do not all follow the same process.
1.4 Where a statutory or regulatory process applies, that process takes precedence over the corporate complaints process.
1.5 The Council will determine how matters are classified on which route applies, taking account of the content of the contact, the context in which it is made and the outcome being sought. The Council will explain that decision to the complainant.
1.6 The Council closely monitors complaint handling performance through regular reporting and oversight arrangements. This includes compliance with statutory, regulatory and internal timescales.
1.7 The Council publishes annual performance information and uses Ombudsman findings to support learning and improvement.
1.8 The Council uses insights from complaints to inform service improvement. This may include corrective action, staff training, improved communication, revised procedures and updates to relevant policies, templates, guidance and online information.
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 or
regulator
2.2 This policy provides the Council's overall framework for complaint handling. Service-specific arrangements may apply where appropriate, provided they remain consistent with this policy and with any relevant statutory or regulatory requirements.
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 This policy applies to the Council's corporate complaints process and sets out the separate arrangements that apply to Adult Social Care complaints, Housing (landlord) complaints and Data Protection complaints.
3.3 Where a matter is subject to a separate statutory complaints’ procedure, statutory decision-making framework, appeal right, regulatory route or legal process that route will take precedence over the corporate complaints process.
3.4 In such cases, the Council may still consider complaints about administrative handling, communication or delay where appropriate, but not the merits of the substantive decision itself.
3.5 Where a complaint includes issues that fall across more than one route, the Council will decide how each issue should be handled and will explain that decision.
4. Our Approach to Complaints
4.1 The Council will handle complaints in line with the relevant Ombudsman guidance and the following principles.
- Early resolution: issues should be resolved as early as possible and at the lowest appropriate level.
- Opportunity to respond: the Council should be given a reasonable opportunity to put matters right.
- Proportionality: the complaints process is not a substitute for routine service delivery, legal processes, statutory appeals or regulatory routes.
- Discretion: the Council decides whether a matter falls within the complaints process and which route applies.
- Learning: complaint outcomes are used to improve services.
- Clarity and transparency: complaint responses will be clear, evidence based and explain the reasons for the decisions reached.
- Accessibility: complaints may be raised through a range of reasonable channels and reasonable adjustments will be made where required.
- Accountability: the Council will maintain appropriate oversight of complaint handling, including where services are delivered on its behalf.
4.2 Where something has gone wrong, the Council will seek to understand the issue, respond appropriately and where possible, put matters right.
4.3 The Council will take a proportionate approach to complaint handling. Not all matters require a detailed investigation, and the nature of the response will depend on the issues raised, the evidence available and the impact on the complainant.
5. Definition of a Complaint
5.1 Complaint
5.1.1 In line with the Local Government & Social Care Ombudsman, a complaint is defined as:
‘an expression of dissatisfaction, however made, about the standard of
service, actions or lack of action by the organisation, its own staff, or those acting on its behalf, affecting an individual or group of individuals.’
5.1.2 In line with the Housing Ombudsman Service, a complaint about Council landlord services is defined as:
‘an expression of dissatisfaction, however made, about the standard of service, actions or lack of action by the landlord, its own staff, or those acting on its behalf, affecting a resident or group of residents.’
5.1.3 A person does not need to use the word ‘complaint’ for a matter to be considered under this policy. Where dissatisfaction is expressed, the Council will consider the substance of the issue in determining the appropriate route.
5.1.4 For Council landlord services, where a resident expresses dissatisfaction with the response to a service request, they will be given the opportunity to make a complaint. given the opportunity to make a complaint.
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.
5.2.3 A person may be dissatisfied and still be seeking action or resolution rather than raising a complaint. The Council will consider the content, context and outcome being sought rather than relying on tone or wording alone.
5.2.4 Service requests will be directed to the relevant service area for consideration and action as appropriate. Where a matter is resolved through normal service processes, it will not enter the complaints process.
5.2.5 For housing complaints, service requests must be recorded, monitored and reviewed. Where a resident expresses dissatisfaction with the response to a service request, they will be given the choice to have the matter handled as a complaint.
5.2.6 Raising a complaint will not stop, delay or prevent any action needed to resolve a service request.
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 The Policy
6.2.1 The Council's Complaints policy is published on the Council's website.
6.2.2 Where a Council landlord service is managed on the Council's behalf by another organisation, residents will be clearly informed which complaints process applies and where the relevant published complaints policy can be found.
6.3 Accessibility
6.3.1 Information about the complaints process can be provided in alternative formats on request. Reasonable adjustments will be considered where needed to ensure people can access the complaints process without unnecessary barriers.
6.4 Use of Digital Tools, Generative Artificial Intelligence (AI) and Clarity of Complaints
6.4.1 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 and take appropriate action before it is considered through the complaints process.
7.2 Where an issue is primarily a service request and the relevant service has not yet had a reasonable opportunity to respond; the matter will be directed to the service for consideration first.
7.3. This does not prevent the Council from accepting a matter as a complaint where it is appropriate to do so.
7.4 This approach may not apply where the Council considers that it would not be appropriate to refer the matter back to the service first. This may include cases where there is an immediate safeguarding risk, where delay would cause significant detriment, where a statutory or regulatory process requires formal complaint handling or the matter has already been raised and has not received a reasonable response or resolution.
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, feedback, enquiries or general correspondence.
8.3 Where someone acts on behalf of another person, the Council may require confirmation of authority or consent before sharing personal information or responding in detail.
8.4 Complaints about Council landlord services submitted by a third party or representative will be accepted and handled in line with this policy. Where personal information is involved, the Council may require appropriate authority or consent before sharing personal information or responding in detail.
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 merits of decisions made under data protection and freedom of information legislation or environmental information regulations, although complaints about how personal data has been handled may be considered under the Data Protection Complaints section of this policy.
- 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
- 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 Where the matter is not accepted as a complaint, the Council will, where appropriate, signpost the person to the relevant service, process, Ombudsman or regulator.
10.3 Where the Council decides not to accept a complaint about the Council landlord services, it will explain the reasons for that decision to the resident. The explanation will set out why the matter is not suitable for the complaints process and will advise the resident of their right to refer that decision to the Housing Ombudsman Service.
11. Time Limits for Making a Complaint
11.1 Complaints should be made within twelve months of the reported issue occurring or the complainant becoming aware of the issue.
11.2 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.
12.1.1 The main routes covered by this policy are:
- the Corporate Complaints process
- the Adult Social Care Complaints process
- the Housing Complaints process
- the Data Protection Complaints process.
12.1.2 The Council will determine which route applies and will explain that decision to the complainant.
13. Corporate Complaints
13.1 Corporate complaints are handled through a two-stage process when no separate statutory or regulatory complaints process applies.
13.2 Stage 1 is the Council's initial complaint response. Stage 2 is the Council's final complaint response.
13.3 Corporate Stage 1 - Initial Complaint Response
13.3.1 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 need for a detailed investigation where appropriate; or
- closing the complaint where the issue has been satisfactorily resolved.
13.3.2 The complaint will be considered by an appropriate officer within the relevant service who has not been directly involved in the matters complained about.
13.3.3 The Council aims to acknowledge corporate complaints within 5 working days of receipt.
13.3.4 The Council aims to issue a Stage 1 response within 10 working days of acknowledgment.
13.3.5. Where a Stage 1 response cannot be issued within the expected timescale, the Council will inform the complainant of the reason for the delay and the revised timescale.
13.3.6 The Stage 1 response will set out the Council's position, including the outcome of the complaint, the reasons for the decision, any remedy offered and any further action to be taken where appropriate.
13.4 Corporate Stage Two - Final Complaint Response
13.4.1 Where all or part of the complaint remains unresolved to the complainant satisfaction following the Stage 1 response, the complainant may request escalation to Stage 2.
13.4.2 The Council will progress eligible complaints to Stage 2 unless there is a valid reason not to do so. This may include where the matter is outside the complaints process, has already completed the complaints process, is being considered under another statutory or regulatory route, or where no new substantive issue has been raised.
13.4.3 The complainant is not required to provide detailed reasons to explain their reasons for requesting Stage 2. However, the Council may ask for clarification where this would help understand what remains unresolved.
13.4.4 Requests for escalation to stage 2 should normally be made within six months of the Stage 1 response. Requests made outside this timeframe may be considered at the Councils discretion, taking account of the reasons for delay and whether further investigation would still be reasonable and proportionate.
13.4.5 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.
13.4.6 The Stage 2 review will consider whether:
- the complaint was handled appropriately at Stage 1
- the Stage 1 response was reasonable and proportionate
- any further action is required
13.4.7 The Council aims to acknowledge Stage 2 requests within 5 working days.
13.4.8 The Council aims to issue a Stage 2 response within 20 working days of acknowledgment.
13.4.9 Where a Stage 2 response cannot be issued within the expected timescale, the Council will inform the complainant of the reason for the delay and the revised timescale.
13.4.10 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.
13.4.11 The Stage 2 response represents the Council's final decision under the corporate complaints process.
14. Housing (Council Landlord Services) Complaints
14.1 Complaints about the Council’s landlord services are handled under the Housing Ombudsman Scheme and in line with the statutory Housing Ombudsman Complaint Handling Code.
4.2 This section applies where the Council is the landlord. It explains the complaints arrangements for Council-owned homes, including where landlord services are delivered directly by the Council or on its behalf by another social housing landlord that is a member of the Housing Ombudsman Scheme.
14.3 The Council retains overall responsibility as landlord for oversight of complaints concerning Council-owned homes, including complaint performance, outcomes, remedies, learning and compliance with the Housing Ombudsman Complaint Handling Code. Where complaints are handled by an organisation managing homes on the Council's behalf, the Council will maintain appropriate oversight of those complaints and their outcomes.
14.4 Council-owned homes managed on the Council’s behalf
14.4.1 Some Council-owned homes and landlord services are managed on the Council's behalf by another social housing landlord. At the date of this policy, this includes Council-owned homes managed by Incommunities. Other Council-owned homes, such as Fletcher Court, are managed directly by the Council and complaints about those landlord services are handled through the Council’s own landlord complaints process.
14.4.2. Where a Council-owned home is managed by Incommunities, complaints about services for which Incommunities is responsible will be handled through In Communities published complaints process in line with the Housing Ombudsman Complaint Handling Code. Residents may contact Incommunities directly using its published complaint channels. Where a complaint is received by the Council but relates to a service managed by Incommunities, the Council will ensure it is directed to the appropriate complaints route and the resident is informed accordingly. Where the complaint falls within Incommunities’ responsibilities, Incommunities will handle the complaint at both Stage 1 and Stage 2 under its complaints process.
14.4.3 Where a complaint concerns a matter for which the Council is directly responsible, the Council will be involved in considering and responding to that element of the complaint. Where a complaint involves responsibilities of both the Council and Incommunities, the organisations will work together to ensure the complaint is appropriately coordinated and the resident is given a clear route through the complaints process.
14.4.4 Residents whose homes are managed by Incommunities will be provided with clear information about how to make a complaint directly to Incommunities, the complaints channels available to them, how to request escalation to Stage 2 and how to contact the Housing Ombudsman Service
14.4.5 The Council will maintain oversight of complaints concerning Council-owned homes managed on its behalf, including complaint performance, timescales, outcomes and learning. Relevant complaint information and outcomes will be shared with the Council to support its landlord oversight and reporting arrangements.
14.5 Housing Stage 1 – Complaints handled through the Council’s landlord complaints process
The provisions in this section apply to the Stage 1 complaints process where the Council manages the resident’s property. Complaints handled by Incommunities follow the arrangements set out section 14.4
14.5.1 Stage 1 is the initial response to a complaint handled through the Council's landlord complaints process.
14.5.2 Stage 1 complaints will be acknowledged, defined and logged within 5 working days of the complaint being received.
14.5.3 The acknowledgement will confirm the Council's understanding of the complaint, the outcomes the resident is seeking and which aspects of the complaint the Council is and is not responsible for investigating or responding to. Where any aspect of the complaint is unclear, the resident will be asked for clarification.
14.5.4 Where a resident raises additional issues during the Stage 1 investigation, these will be incorporated into the Stage 1 response where they are related and the response has not yet been issued. Where the additional issues are unrelated, would unreasonably delay the response or are raised after the Stage 1 response has been issued, they may be logged as a new complaint.
14.5.5 A full Stage 1 response will be issued within 10 working days of the complaint being acknowledged.
14.5.6. Where an extension is required due to the complexity of the complaint, the resident will be informed of the reason for the extension and the revised response date. Any extension will not normally exceed a further 10 working days without good reason. The resident will also be provided with details of how to contact the Housing Ombudsman Service.
14.5.7 Where a Stage 1 response cannot be issued within the applicable timescale, including any agreed extension period, the Council will agree appropriate intervals with the resident for providing updates on progress until the response is issued.
14.5.8 The Stage 1 response will be issued when the position of the organisation handling the complaint is known. The response will not be delayed solely because agreed actions remain outstanding. Any outstanding actions will be clearly identified and the resident will be kept updated until they are completed.
14.5.9 The Stage 1 response will be provided in writing and in clear, plain language. It will confirm the complaint stage, complaint definition, decision, reasons for the decision, any remedy offered, any outstanding actions and how the resident can escalate their complaint to Stage 2 if they remain dissatisfied.
14.6 Housing Stage 2 2 – Complaints handled through the Council’s landlord complaints process
The provisions in this section apply to Stage 2 complaints handled through the Council’s landlord complaints process. Complaints handled by Incommunities follow the arrangements set out in section 14.4
14.6.1 Where all or part of a complaint being handled through the Council’s landlord complaints process remains unresolved to the resident’s satisfaction following Stage 1, the complaint will be escalated to Stage 2 where the resident wishes to progress it.
14.6.2 Residents do not need to provide detailed reasons for requesting Stage 2. Where clarification would help identify what remains unresolved, the Council may ask for clarification without preventing or delaying the escalation.
14.6.3 Stage 2 is the Council's final response under its landlord complaints process. The person considering the complaint at Stage 2 will not be the same person who considered the complaint at Stage 1.
14.6.4 Stage 2 complaints will be acknowledged, defined and logged within 5 working days of the escalation request being received. The acknowledgement will confirm the Council's understanding of the complaint, the outcomes the resident is seeking and which aspects of the complaint the Council is and is not responsible for investigating or responding to. Where any aspect of the complaint is unclear, the resident will be asked for clarification.
14.6.5 A full Stage 2 response will be issued within 20 working days of the escalation request being acknowledged.
14.6.6 Where an extension is required due to the complexity of the complaint, the resident will be informed of the reason for the extension and the revised response date. Any extension will not normally exceed a further 20 working days without good reason. The resident will also be provided with details of how to contact the Housing Ombudsman Service.
14.6.7 Where a Stage 2 response cannot be issued within the applicable timescale, including any agreed extension period, the Council will agree appropriate intervals with the resident for providing updates on progress until the response is issued.
14.6.8 The Stage 2 response will be issued when the Council's final position as landlord is known. The response will not be delayed solely because agreed actions remain outstanding. Any outstanding actions will be clearly identified and the resident will be kept updated until they are completed.
14.6.9 The Stage 2 response will be provided in writing and in clear plain language. It will confirm the complaint stage, complaint definition, final decision, reasons for the decision, any remedy offered, any outstanding actions and how the resident can refer the complaint to the Housing Ombudsman Service if they remain dissatisfied.
14.7. Oversight, Learning and Reporting (Landlord Complaints)
14.7.1 The Council will include complaints about landlord services handled by managing agents in its complaint performance, learning and compliance arrangements.
14.7.2 The Council will monitor housing complaint handling to ensure complaints are responded to consistency, within required timescales and line with the Housing Ombudsman Complaint Handling Code.
14.7.3 Complaint themes, outcomes, remedies, learnings and any Housing Ombudsman findings will be reviewed to identify service improvements.
14.7.4 The Council will produce and publish an annual complaint performance and service improvement report for Council landlord complaints, in line with the Housing Ombudsman requirements.
14.7.5 The Council will complete and publish an annual self-assessment against the Housing Ombudsman Handling Code. The self-assessment will be reviewed and approved through the Council’s governance arrangements.
14.7.6 The annual complaints performance and service improvement report, self-assessment and governing body response will be published in line with the Housing Ombudsman requirements.
14.7.7 The Council will maintain appropriate oversight through Director-level review for Housing and the Member Responsible for Complaints where required by the Housing Ombudsman Complaint Handling Code.
14.7.8 Where exceptional circumstances affect compliance with the Housing Ombudsman Complaint Handling Code, the Council will inform the Housing Ombudsman Service, notify affected residents and publish relevant information on its website, including any interim arrangements and the expected timescale for returning to compliance.
15. Adult Social Care Complaints
15.1 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.
15.2 The Council will acknowledge such complaints within 3 working days and will offer to discuss how the complaint will be handled and the likely timescale. Where the complainant does not wish to discuss this, the Council will determine a response timescale and notify the complainant.
15.3 The response timescale will take 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. Responses should be provided no later than six months from the date the complaint was
received, unless there is good reason.
15.4 Where a complaint is made on behalf of another person, the Council may need to confirm consent or legal authority before investigating or sharing personal information.
15.5 Where the person affected may lack capacity to consent to a complaint being made on their behalf, the Council will consider the matter in line with the Mental Capacity Act 2005 and relevant statutory duties.
15.6 Where Adult Social Care services are delivered by commissioned providers; complaints may be raised with either the Council or the 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.
15.7 The Council retains overall responsibility for complaint handling and oversight in line with the statutory complaints process.
15.8 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 providers actions should be raised directly with the provider. The Council may consider matters relating to its own involvement where appropriate and within its remit.
15.9 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.
15.10 Where a complaint raises safeguarding concerns, the Council will consider whether action is required under safeguarding procedures. The complaints process will not replace or interfere with safeguarding enquiries.
15.11 Where appropriate, support and advocacy will be offered in line with the statutory process.
15.12 Following the Council's response, complainants may refer the matter to the Local Government and Social Care Ombudsman.
16. Children’s Social Care Complaints
16.1 Children’s Social Care services in Bradford are delivered by Bradford Children and Families Trust, which has its own statutory complaints procedure.
16.2 Complaints about Children's Social Care are not handled under this policy and must be raised with Bradford Children and Families Trust directly.
17. Data Protection Complaints
17.1 Complaints about how the Council has handled personal data will be considered under the Data Protection complaints route within this policy, in line with the UK GDPR, the Data Protection Act 2018, the Data (Use and Access) Act 2025, ICO guidance and any statutory complaint handling
requirements that apply.
17.2 This route applies to complaints about a potential infringement of data protection legislation connected to the complainant's own personal data.
This may include complaints about:
- the use, sharing or disclosure of personal data;
- the accuracy or retention of personal data;
- the handling of data subject rights; or
- the Council's response to a data protection matter.
17.3 Data protection complaints are dealt with through a single complaint response rather than a two stage complaints process.
17.4 Where the matter has not yet been considered through the Council's Information Governance or Data Protection arrangements, it will be referred through that route first. This may include reviewing relevant records, seeking information from the service area involved and obtaining advice or approval from the Information Governance Team, the Data Protection Officer or another appropriate officer.
17.5 The single complaint response will be issued after the relevant information governance or data protection review has taken place.
17.6 The Council will:
- acknowledge the complaint within 30 calendar days;
- consider the issues raised and make appropriate enquiries;
- clarify the scope of the complaint where necessary;
- keep the complainant informed where necessary;
- provide a written outcome without undue delay.
17.7 The response will explain the Council's position, the outcome of the complaint and any action the Council proposes to take.
17.8 The data protection complaints route is not intended to be used to:
- Make or replace an information rights request, such as a Subject Access Request, rectification request, erasure request, restriction request or objection;
- Complain about a general data protection issue that is not connected to the complainant’s own personal data; Obtain personal information about another person where there is no lawful basis to disclose it;
- Pursue wider service complaints that are not about the Council’s handling of personal data;
- Reopen a data protection complaint that has already received a final response unless knew substantive information is provided;
- Bypass any statutory or regulatory route that applies.
17.9 Where a complaint includes both service-related issues and data protection issues, the Council will explain which process applies to each part and provide the relevant escalation route, including the Local Government and Social Care Ombudsman or the Information Commissioner's Office where appropriate.
17.10 Complainants should allow the Council to complete its data protection complaint response before referring the data protection matter to the Information Commissioner's Office.
17.11 Following the Council's response, complainants may refer the data protection matter to the Information Commissioner's Office. Where the complaint also includes a separate service complaint, the Council will signpost to the Local Government and Social Care Ombudsman where appropriate.
18. Bradford Council Complaints Timescales by Route
| Complaint Route | Stage | Acknowledgement Timescale | Response Timescale | Maximum Extension |
|---|---|---|---|---|
| Corporate Complaints | Stage 1 | 5 working days | 10 working days (from acknowledgement) | Not fixed – we will notify complainant of delay and revised date |
| Corporate Complaints | Stage 2 (Final) | 5 working days | 20 working days (from acknowledgement) | Not fixed – we will notify complainant of delay and revised date |
| Housing Complaints (Landlord) | Stage 1 | 5 working days | 10 working days | Up to +10 working days |
| Housing Complaints (Landlord) | Stage 2 (Final) | 5 working days | 20 working days | Up to +20 working days (unless exceptional) |
| Adult Social Care Complaints | Single Stage | 3 working days | Agreed timescale, usually within 20 working days (should not exceed 6 months overall) | Flexible depending on complexity |
| Data Protection Complaints | Single Response | Within 30 calendar days | No fixed timescale – response without undue delay after any associated data handling review | Complainants to be kept up to date where a delay occurs |
19. Complaints Involving More Than One Process
19.1 Where a complaint includes issues that fall under more than one complaint route, the Council will identify which process applies to each part of the complaint.
19.2 The Council may provide a coordinated response where this is appropriate. Where this happens, the response will explain which issues have been considered under each process.
19.3 Where separate responses are required, the Council will explain this to the complainant and provide the relevant escalation route for each part of the complaint.
20. Remedies and Outcomes
20.1 Where fault is identified, the Council will consider an appropriate remedy.
20.2 Remedies will be proportionate to the nature of the fault identified and the impact on the complainant.
20.3 Remedies may include:
- an apology and explanation of what went wrong;
- corrective action;
- a review of a decision, process or procedure where appropriate;
- service improvements;
- amending a record or adding a correction or addendum where appropriate;
- for financial remedy where appropriate.
20.4 Where a remedy is offered, the Council will explain what action will be taken and where possible, when it will be completed.
20.5 The Council will also consider whether wider learning, review or preventative action is required.
21. Confidentiality and Record Keeping
21.1 The Council will handle complaint information in accordance with applicable data protection legislation and the Council's information governance arrangements.
21.2 The Council may need to verify a person’s identity, authority or consent before investigating a complaint, sharing information or responding in detail.
21.3 The Council will not disclose personal, confidential or sensitive information about another person through the complaints process unless there is a lawful basis to do so.
21.4 Complaints will be recorded and retained in line with the Council's records management arrangement.
22. Managing Persistent, Unreasonable or Vexatious Complainants
22.1 This policy should be read alongside the Council’s Managing Vexatious Complaints and Requests Policy.
22.2 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 that policy.
22.3 This does not remove the right to contact the Council, but it may affect how contact is managed.
22.4 Any measures applied will be proportionate and will have regard to the Equality Act 2010 and any reasonable adjustments that may be required.
23. Bringing Complaints to a Close
23.1 Once a complaint has been fully considered and a final response issued, the Council may treat the matter as closed.
23.2 Further correspondence may not be responded to where no new substantive information is provided that would reasonably lead to a different outcome.
23.3 Where the Council decides that a complaint will not be reopened, it will explain this and signpost the complainant to the appropriate ombudsman or regulator if they remain dissatisfied.
23.4 For Housing (Council landlord) complaints, any outstanding actions identified in the final response will continue to be progressed with appropriate updates provided to the resident until the actions are completed.
24. Contacting the Ombudsman or Regulator
24.1 A complainant may contact the appropriate Ombudsman or regulator at any time.
24.2 The Ombudsman or regulator will normally expect the Council's relevant complaints process to have been completed before considering whether to investigate, unless there are exceptional circumstances.
24.3 The Council will explain the relevant escalation route when issuing its final response or closure correspondence.
24.4 The relevant external body will normally be:
- the Local Government and Social Care Ombudsman for corporate complaints;
- the Local Government and Social Care Ombudsman for Adult Social Care complaints;
- the Housing Ombudsman Service for complaints about the Council’s actions as landlord; or
- the Information Commissioner's Office for Data Protection complaints.
25. Performance, Learning and Improvement
25.1 The Council will record complaint outcomes and identify learning where appropriate.
25.2 Learning from complaints will be used to inform service improvement, guidance, training and policy review.
25.3 The Council will take a proportionate approach to learning, recognising that not all complaints identify fault or require service change.
25.4 The Council will maintain appropriate governance oversight of complaint 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.
25.5 Reporting may include complaint volumes, response times, outcomes, themes, remedies, learning and compliance with relevant complaint handling requirements.
25.6 The Council will produce complaint performance information and complete self- assessments where required by Ombudsman or regulatory requirements. The self-assessments will be published on the Council’s website to ensure transparency and accountability.
26. Legislative and Regulatory Framework
26.1 This policy sits within the following legislative and regulatory frameworks:
- Local Government Act 1974
- Local government and Social Care Ombudsman Complaint Handling Code
- Care Act 2014
- Local Authority Social Services and National Health Service Complaints (England) Regulations 2009
- Mental Capacity Act 2005
- Housing Act 1996, the Housing Ombudsman Scheme and the statutory Housing Ombudsman Complaint Handling Code
- Data Protection Act 2018, UK GDPR and Data (Use and Access) Act 2025
- Equality Act 2010
- Human Rights Act 1998
26.2 This policy is not intended to remove or restrict any statutory right of complaint, appeal, review or regulatory referral.
27. Review of The Policy
27.1 The Council will review this policy at least every two years, to ensure it remains compliant with legislative requirements, Ombudsman guidance regulatory expectations and good administrative practice.
27.2 The policy may also be reviewed sooner following significant changes to legislation, ombudsman guidance, regulatory requirements, governance arrangements or complaint handling procedures.
28. Appendices and Related Documents
28.1 This policy should be read alongside the following documents, which provide additional detail for specific circumstances: