3. Complaints Procedure
Complaints to all of the 32 Authorities
in Scotland should now be dealt with under the Public Sector Complaints
Handling Procedure (CHP)
This standardised procedure was developed by the Complaints Standards Authority
(CSA) in conjunction with stakeholders
It incorporates a Social Work Model for complaints handling which has been effective since April
2017
Social
Work CHP
The CHP applies to all organisations under the
Scottish Public Services’ (SPSO's) jurisdiction that deliver social work
services.
It now includes provision for the Ombudsman to
consider the merits of social work decisions as part of the
investigation of complaints. A copy can be accessed below.
It is split into three sections
- What
is a complaint?
- The
complaints handling process
- Governance
of the complaints handling procedure
What
is a Complaint?
'An
expression of dissatisfaction by one or more members of the public about the
social work service's action or lack of action, or about the standard of
service provided by or on behalf of the social work service.‘
Anyone who receives, requests, or
is affected by social work services can make a complaint.
Consent
Third parties making complaints on behalf of others should normally obtain the customer's consent. However,
in certain circumstances, the third party may raise a complaint without
receiving consent, such as when there are concerns over someone's
well-being.
A complaint is not:
- a routine first-time request for a
service
- a claim for compensation only
- a disagreement with decisions or
conditions that are based upon social work recommendations, but determined by a
court or other statutory body, for example decisions made by a children's
panel, parole board or mental health tribunal
- an attempt to reopen a previously
concluded complaint or to have a complaint reconsidered where we have already
given our final decision.
The Complaints Handling Process
Frontline
Resolution
The principle behind this stage is to
quickly resolve straightforward complaints that need little or no
investigation.
Any
member of staff may deal with complaints at this stage.
Investigation and resolution of the complaint must
be completed within five working days
Investigation
This
is Stage 2 of the Complaints Handling Procedure and represents an
escalation in the process. In certain circumstances the complaint must be dealt with under Stage 2
When must a complaint be escalated?
- Frontline Resolution was tried but the Complainant remains dissatisfied and requests an investigation
- The Complainant refuses to take part in the frontline resolution process
- The issues
raised are complex and require detailed investigation
- The Complaint relates
to serious, high-risk or high-profile issues
“An
investigation aims to establish all the facts
relevant to the points made in the complaint
and to give the customer a full, objective
and proportionate response that represents
[our] final position.”
(CHP
p17)
Timelines
The
following deadlines should apply at the investigation
stage:
- complaints must be acknowledged
within three
working days
- a full
response
to the complaint should be provided as soon as possible but not later than 20
working days
from the date the complaint received.
- Extensions should be rare
External
Review
Once
the investigation stage has been completed, the Complainant should have
the right to approach the SPSO if still dissatisfied.
The Authority must inform the Complainant that their investigation of the complaint is
concluded and signpost to the SPSO, including details of
time limits and how to contact them