Decision ref
0040 2024/25
Decision date
02/09/2024
Portfolio
People, Performance and IT
Wards
All wards
Title
Adult Social Care Complaints Policy
Summary
The Executive Director for Corporate Services is requested to approve the revised Adults Social Care Complaints Policy and Procedure.
Purpose
The purpose of the report is to present a revised version of the Adults Social Care Complaints Policy and Procedure for 2024. This is the first revision since it was published in 2014. The report provides a high level overview of the proposed changes to the procedure which is attached at appendix A.
Background
This document sets out St Helens Council's policy and arrangements for handling complaints about Adult Social Care and is based on “The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009” and the accompanying Department of Health guide to better customer care, Listening, Responding, Improving. References throughout this document to "the Regulations" and "the Department of Health Guidance" relate to the 2009 Regulations and to "Listening, Responding, improving - a guide to better customer care".
This document sets out St Helens Council's policy and arrangements for handling complaints about Adult Social Care and is based on “The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009” and the accompanying Department of Health guide to better customer care, Listening, Responding, Improving. References throughout this document to "the Regulations" and "the Department of Health Guidance" relate to the 2009 Regulations and to "Listening, Responding, Improving – a guide to better customer care".
St Helens Adults Social Care Complaint Policy and Procedure was produced in 2014 to set out the framework for the council's handling of complaints. The procedure is published on the council website and intended to be used as a guide to support effective complaint handling and response.
Following a recent review of the council's current complaint processes, it has been considered pertinent to revise the current procedures to ensure it provides clarity for professionals and the public on how complaints will be handled by the local authority.
Whilst much of the narrative content has been changed, the procedure remains fully compliant with relevant guidance. In summary the new procedure:
1. Clarifies the principles and aims of how the local authority deals effectively with complaints.
2. Informs the resident who has the responsibility within the local authority of ensuring complaints with complaints regulations and guidance.
3. Informs the resident the time limits for making complaints.
4. Clarifies for the resident what constitutes a complaint, who may complaint under this policy and what is not required to be dealt with under this policy.
5. Provides details for the resident of how to access the Complaints Process and advocacy arrangements available if the resident requires support to access the process.
6. Directs the resident where to redirect their complaint if it cannot be investigated under this policy.
7. Outlines the local authorities position on dealing with unreasonable or vexatious complainants.
8. Provides information for the resident of how the local authority records, monitors, reports and learns from complaints.
9. Informs the resident that Safeguarding Investigations will take precedence over the investigation of any complaint.
10. Provides information on how anonymous complaints or withdrawn complaints are acted on.
11. Informs the resident of the local authorities diversity and monitoring recording to identify change where needed and where reasonable adjustments can be considered.
12. Provides details of the Stages involved for a complaint. The introduction of a Early Resolution Stage to consider all complaints as close to the point of contact as possible. In the first instance some issues can be resolved effectively by raising this directly with the service before escalating to the complaint’s procedure.
13. Stage 1 - provides detail of validation process by the complaints team and timescales involved at Stage 1. Informs the resident that their complaint will be investigated by the Head of Service and they will be provided with a Stage 1 Response letter, informs what the response letter should include and the letter provides detail to the resident of what next steps are if they remain dissatisfied with the Stage 1 Response.
14. Stage 2 - Review. Informs the resident the Complaints Team will present the opportunity to the complainant to discuss any outstanding issues relating to the Stage 1 response with the Investigating Manager who provided the Stage 1 Response. Stage 2 - Review by Assistant Director, informs resident that they will receive a Stage 2 Response letter from the Assistant Director and the response letter provides contact details of the Local Government and Social Care Ombudsman should they remain dissatisfied now their complaint has completed the Adults Social Care complaints process.
Consultation on the proposed changes has been undertaken with Adult Social Care Senior Leadership Team who are supportive of the overall approach. Whilst the Team responsible for the administration and investigation of complaints should be independent from the statutory service provision, buy-in from service managers and leaders is essential.
Further engagement with Team Managers will be undertaken following approval of the procedure.
If supported, a copy of the new procedure will be published on the council website and complainants will be provided with a copy of the document should they wish for clarification the council's overall approach.
Conclusion
The report presents the new Adults Social Care Complaints Policy and Procedure for approval as a delegated Executive Decision. The report summarises the main changes.
The Executive Director for Corporate Services is requested to approve the new procedure, as attached.
Risk Implications
Failure to have an up-to-date and relevant complaints policy and procedure can mean that the council does not follow due process in the administration and response to complaints.
This can result in legal implications as well as reputational and financial damage for the organisation.
Measures to Redress Risk
The revised policy and procedure has been updated to reflect the current practice in accordance with the The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009” and the accompanying Department of Health guide to better customer care, Listening, Responding, Improving. References throughout this document to "the Regulations" and "the Department of Health Guidance" relate to the 2009 Regulations and to "Listening, Responding, Improving – a guide to better customer care".
Good practice areas have also been included. The policy and procedure has been shared with colleagues from the complaints team, Adults' Services and the Council's legal team to ensure they are aware and can follow any changes.
Declarations Of Interest
None
Equality Impact Assessment
Download
More information
Please contact Karen Hill on 01744 673187
