About this policy
We are committed to putting customers at the heart of everything we do. We welcome feedback on our services, whether it is a compliment, concern or complaint.
Your feedback helps us understand what we are doing well and where we need to improve. We use what you tell us to improve services and prevent problems from happening again.
This policy explains how we receive, investigate and respond to complaints. It applies to all council services, except where a separate statutory complaints process exists, such as for Children's and Adult Social Care.
We understand that some people may be concerned about raising a complaint. We want to reassure you that all feedback is valued and that complaints will be handled fairly and respectfully.
We also want to hear when we have provided a good service. Compliments help us recognise good practice and build on what is working well.
If you need this policy in alternative format, please contact us.
Email: complaints@westmorlandandfurness.gov.uk
Definitions
If something has gone wrong, or you need us to look into an issue, we may be able to resolve it quickly without the need for a formal complaint.
You can contact the service directly or submit a request through our website. Depending on the issue, we may direct you to the most appropriate team. For example, reports of potholes should be submitted through the Highways reporting service.
A complaint is an expression of dissatisfaction about our service, action or decision that has affected you, or someone you represent.
You do not need to use the word "complaint" when contacting us. If we believe you are expressing dissatisfaction about a service, we will treat this as a complaint and follow our complaints process.
If we’re not sure if you are making a complaint, we will ask.
We will also consider information requests under the:
- General Data Protection Regulations and Data Protection Act 2018
- Freedom of Information Act 2000
- Environmental Information Regulations 2004
Are subject to statutory procedures and are not covered in this policy.
Make a Freedom of Information request
If you're concerned about the welfare of a child or vulnerable adult, you should raise it with the appropriate Safeguarding Team for urgent consideration.
The difference between requests for service, complaints, and information requests
Request for service
This is a request for us to provide or improve a service, fix a problem, or reconsider a decision.
For example, if:
- there is a large pothole on the street in front of your house
- the library closes early on a Wednesday
Complaint
A complaint is an expression of dissatisfaction that affects an individual or group of individuals. It could be about:
- the standard of service
- actions or lack of action by the Council, its own staff, or those acting on its behalf
For example, if:
- you reported the pothole online, but it took six months to be fixed
- the person who answered the phone was very rude to you
Information request
There are three main types of information request.
You can request information or personal data about yourself under the General Data Protection Regulations and Data Protection Act 2018.
You can request general information held by the Council under the Freedom of Information Act 2000.
You can request general information about the environment under the Environment Information Regulations 2004.
For example, if:
- you want to see your records from when you were in care
- you want to know how many children were in our care between 2021 and 2022
- you want copies of documents that outline our carbon strategy, including carbon offset and target information
Eligibility and accessibility: Equality, diversity and inclusion
Eligibility to make a complaint
Any customer of Westmorland and Furness Council can submit a compliment or complaint.
This includes:
- residents
- visitors
- others who have interacted with us
- representatives of a consenting individual such as a professional advocate, friend or family member
The Local Government and Social Care Ombudsman (LGSCO) states that:
“The Councils should provide individuals with information on their right to access the Ombudsman service and how the individual can engage with the Ombudsman about their complaint.”
Eligibility of a complaint
Issues you can complain about under this policy
You can make a complaint if:
- we do not provide a service at the standard laid down by law or Council policy and guidance
- we do not take account of relevant matters in coming to a decision
- we do not communicate appropriately
- a member of staff's conduct falls below your expectations
- we discriminate against someone or act unfairly
You can also complain if we unreasonably delay our response to your query or request for service. We'll continue to respond to the request for service even after a complaint is made.
Response times to service requests may vary depending on the service. Service requests should be acknowledged within five working days with clear timescales given.
A complaint against contractors employed by us to deliver services for us, will be treated as a complaint against the service area who employed the contractor.
We may ask the contractor to respond to the complaint. We'll always oversee the response.
Issues you cannot complain about under this policy
A complaint is not always the most suitable action in some cases.
You cannot make a complaint on behalf of someone else without their consent to do so.
Adult Social Care and Children’s Social Care services are governed by separate statutory complaints procedures.
Make a complaint about social care
If your issue could reasonably be the subject of court or tribunal proceedings, or reviewed by a minister, please take appropriate legal action.
We can't provide another person's personal data in a complaint response.
We cannot investigate requests that are dealt with under other legislation, such as the Freedom of Information Act, Environmental Information Regulations or data protection law.
If you are unhappy with how we handled a Freedom of Information, Environmental Information Regulations or data protection request, you must ask for an internal review. These requests follow a separate process.
We will refer any claims for compensation to our insurer.
We cannot consider matters where there is a separate appeal, review or complaints process available. This includes appeals against parking penalties and decisions about Education, Health and Care Plans (EHCPs).
We cannot investigate complaints that are outside the council’s responsibilities. This includes matters relating to crime or policing, healthcare services, and issues that do not take place within Westmorland and Furness.
We cannot investigate complaints about the conduct of councillors or elected members through this process. These complaints must be referred to the Council’s Monitoring Officer.
Make a complaint about a councillor
If your issue is about a school, read our policy on how to make school complaint.
If you're a Council staff member
To raise an issue about your employment, please submit a grievance. Learn how to raise a grievance on the staff intranet.
To raise an issue about somebody's wrongdoing, risk or malpractice that affects others, please raise a confidential report.
Download the Confidential Reporting and Whistleblowing Policy (PDF , 101KB)
If you're an Elected Council Member
If you're acting in the capacity of an Elected Member, please contact the portfolio holder and/or director of the relevant service area.
If you're acting in the capacity of a resident, please raise a complaint under this policy.
Unreasonable customer behaviour
This policy does not prevent people from raising concerns, making enquiries, submitting requests or making complaints. We are committed to dealing with complaints fairly and using feedback to improve our services.
However, we must use public resources responsibly. In some cases, the nature or frequency of a person's contact can take up a disproportionate amount of staff time and affect our ability to provide services to others.
We are committed to promoting equality, diversity and inclusion. Council staff and elected members have the right to work without discrimination, abuse, harassment or threatening behaviour. We will not tolerate behaviour that has a negative impact on the wellbeing or safety of our staff or elected members.
We do not normally restrict contact with the Council. However, we may do so if a person's behaviour is unreasonable, vexatious or persistent, or if it causes unacceptable difficulties for staff.
For the purposes of this policy, this behaviour is defined by how it affects our responses to complaints, enquiries or requests.
Unreasonable, vexatious or persistent complaints include those that:
- clearly do not have any serious purpose or value
- are designed solely to cause disruption or annoyance
- are vexatious in nature
- have the effect of harassing the Council or staff
- can otherwise fairly be characterised as obsessive or unreasonable
- take up an unreasonable amount of officer time
- hinder the other work of the Council
Unacceptable behaviour can include:
- abuse, offense or threats
- bullying or harassment
We may apply the 'unreasonable customer' policy if you:
- refuse to follow our processes or procedures
- insist that we don't follow our normal processes or good practice
- make unreasonable demands on staff
- set unrealistic deadlines
- demand who or how we should deal with a matter
- refuse to accept documented evidence or explanations
- repeatedly claim that responses have not been received
- do not accept our response without a good reason
- send large volumes of correspondence
- contact councillors, MPs, solicitors, the police or the Ombudsman about the same issue
- continually raise new issues or minor complaints during an existing case
- repeatedly raise matters that have already been investigated and responded to
- refuse to explain the basis of a complaint after being offered help to do so
- make unfounded complaints about staff
- demand that different staff deal with a case
- refuse to accept that a matter falls outside our responsibilities or complaints process
- change the basis of a complaint during an investigation
- deny previous statements
- introduce irrelevant information
- ask a lot of disproportionate questions and insist they all receive a detailed response
- repeatedly complain about the same issue after we've completed all processes
- record meetings or conversations without the consent of those involved
Support for staff
Internal guidance is available for staff who need advice on applying this policy.
Aggressive, abusive or threatening behaviour
We take the safety and wellbeing of our staff and elected members seriously.
Behaviour that is abusive, threatening, harassing or puts staff at risk may result in police involvement or legal action.
Where necessary to protect staff, we may take action immediately and may not give prior warning before applying restrictions or other measures.
How to make a complaint
Council staff are trained to receive and manage complaints.
We aim to resolve issues informally wherever possible. If you want to make a complaint, we'll make the process as simple as possible and offer different ways to contact us.
We'll handle your complaint in the same way regardless of how you contact us.
You can make a complaint in any language. If needed, we can arrange an interpreter to help communicate with you.
If you need a reasonable adjustment to access the complaints process, please let us know. We'll work with you to provide appropriate support and keep any agreed adjustments under review.
You can ask someone to represent you or support you during the complaints process, if they have your consent. They can communicate with us on your behalf or attend meetings with you. This can be online, by telephone or in person.
Submit a complaint
Submit your complaint to us by:
Email: complaints@westmorlandandfurness.gov.uk
Telephone: 0300 373 3300
Address:
Complaints Team
Westmorland and Furness Council
South Lakeland House
Highgate
Kendal
LA9 4DL
You can also submit a complaint using an audiotape, braille, or by videocall with a BSL interpreter.
Complaint stages
We will not refuse to escalate a complaint through the complaints process unless there is a valid reason to do so.
If we decide not to progress a complaint, we will explain our reasons clearly. These reasons will follow the exclusions set out in the Local Government and Social Care Ombudsman (LGSCO) Complaint Handling Code.
Read the LGSCO Complaint Handling Code
We keep a record of all complaints and the outcome at each stage of the process.
This may include:
- the original complaint and the date we received it
- correspondence with the complainant
- correspondence with other parties
- any supporting documents, reports or evidence
We keep complaint records in line with our data retention policies.
Stage one complaints
We will assess each complaint to decide whether it can be resolved quickly or needs further investigation. We will consider factors such as the complexity of the complaint and whether the complainant is vulnerable or at risk.
Many stage one complaints can be resolved quickly through an explanation, apology or practical solution.
Timescales
We will:
- acknowledge your complaint within 5 working days
- respond to your complaint within 10 working days
If we need more time, we will explain why and tell you when you can expect a response.
Any extension will normally be no more than 10 additional working days unless there is a good reason.
How we investigate complaints
The officer handling your complaint will:
- clarify any points that are unclear
- consider the complaint fairly and on its merits
- keep an open mind
- give you an opportunity to explain your concerns
- manage any actual or perceived conflicts of interest
- consider all relevant information and evidence
New issues raised during a complaint
If you raise additional issues while your complaint is being investigated, we will normally include them in the stage one response if they are related to the original complaint and we have not yet issued our response.
We may record new issues as a separate complaint if:
- they are unrelated to the original complaint
- we have already issued the stage one response
- including them would significantly delay the response
Our response
We'll respond as soon as we have reached a decision, even if some actions needed to resolve the issue have not yet been completed.
Where further action is required, we will continue to monitor progress and keep you updated.
Our response will:
- address all the issues raised in your complaint
- explain the reasons for our decision
- refer to relevant policies, legislation or guidance where appropriate
- explain which matters the council is responsible for and which it is not
We will consider appropriate remedies at every stage of the complaints process. You will not need to escalate your complaint to receive a remedy where one is justified.
If you remain dissatisfied, we will explain how to ask for a stage two review.
Stage two review
If you are not satisfied with all or part of the stage one response, you can ask for a stage two review.
Timescales
We will:
- acknowledge your request within 5 working days
- provide a stage 2 response within 20 working days
If the review is particularly complex, we may need more time. We will explain the reason for any delay and tell you when you can expect a response.
Any extension will normally be no more than 20 additional working days.
What we'll review
At stage two, we will review:
- how your complaint was handled at stage one
- whether the stage one response addressed your concerns appropriately
- any relevant new information that was not available at stage one
Stage two is a review of the complaint and response. It will not usually involve a full reinvestigation of issues that have already been considered at stage one.
Our final response
Stage two is our final stage of the complaints process.
Our response will be issued by an officer authorised to make decisions on behalf of the Council.
If you remain dissatisfied after receiving the stage two response, we will explain any further options available to you, including how to contact the LGSCO where appropriate.
Escalation beyond the Council
A stage two review is the final stage of our complaints procedure.
You can contact the LGSCO if:
- you remain dissatisfied after receiving our stage two response
- we have not responded within a reasonable timescale
Make a complaint using the LGSCO online form at lgo.org.uk
Alternatively, contact the LGSCO:
Local Government and Social Care Ombudsman
Telephone: 0300 061 0614
Address
Local Government and Social Care Ombudsman
PO Box 4771
Coventry
CV4 0EH
Complaints about housing services
We'll investigate housing complaints using the stage one and stage two process.
If you're not satisfied with our final response, you can contact the Housing Ombudsman.
Find out how to make a complaint to the Housing Ombudsman at housing.ombudsman.org.uk
This version removes duplication, breaks contact details into a usable format and clearly distinguishes between the LGSCO and the Housing Ombudsman.
Remedies and financial payments
We'll acknowledge if something goes wrong and explain what we've done, or will do, to fix it.
Any remedy will reflect the impact our actions have had on the complainant. We'll consider each case on its own merits.
We'll make sure any remedy is:
- fair and proportionate
- appropriate to the impact caused
- aimed at putting the complainant back in the position they would have been in if the fault had not occurred
- informed by the complainant’s views and desired outcome
- informed by any actions or delays on the part of the complainant
Where appropriate, we may consider a financial payment.
Financial payments
Financial payments may be considered where there has been:
- a financial loss
- a loss of opportunity
- a loss of a service or benefit
- avoidable distress
- significant time and trouble spent pursuing the matter
- another identifiable injustice that cannot be resolved in another way
Deciding financial payments
When considering a financial payment, we may also consider:
- whether the complainant owes money to the Council
- whether interest should be paid on any financial loss
- guidance issued by the LGSCO
- the individual circumstances of the complaint
Any financial payment will be based on the evidence available and the impact of the fault identified.
Complaints governance
Monitoring complaints performance
Each year, we produce a complaints performance and service improvement report. This helps us review how we handle complaints and identify where we can improve.
The report will include:
- our annual self‑assessment against the LGSCO Complaint Handling Code
- performance information and analysis of how we have handled complaints
- a summary of complaints we did not accept and the reasons why
- any areas where we have not met the requirements of the Complaint Handling Code
- service improvements made as a result of complaints and feedback
- any annual reports about the council published by the relevant Ombudsman
- any other relevant findings, reports or publications issued by the relevant Ombudsman
We use this information to improve services, identify trends and make sure our complaints process remains effective and compliant.
Learning from complaints
We use complaints to improve our services.
When we investigate a complaint, we look beyond the individual case and consider whether some changes can stop it from happening again.
The Responsible Senior Executive is responsible for overseeing our complaints performance.
They will:
- review complaint trends and themes
- identify any recurring issues or risks
- monitor compliance with the complaints process
- identify where policies, procedures or services need to improve
Our services will receive regular reports on complaint volumes, outcomes and trends to help inform service improvements.
A councillor will also be appointed as the Member Responsible for Complaints. Their role is to support a positive complaints culture and provide oversight of how complaints are handled.
The Responsible Senior Executive and Member Responsible for Complaints will receive regular information about:
- complaint volumes, categories and outcomes
- complaint handling performance
- themes, trends and learning from complaints
- the annual complaints performance and service improvement report
This helps us identify opportunities for improvement and ensure complaints are handled fairly, consistently and effectively.
Compliments
If you're happy with the service you've received, please let us know. We use this feedback to:
- recognise good practice
- improve services
- understand what matters most to our customers
- identify trends
- report on service performance
You can give us a compliment in the way that suits you. This could be during a conversation with a member of staff, by letter, or through our website.
We record compliments and share them with the relevant teams.
This information forms part of our regular performance reporting and helps us keep customers at the centre of service improvement.