Complaints policy

A complaint could be in relation to any of the following examples:

• there has been a significant delay in providing a service
• we have made a mistake in the way we provided a service
• we have failed to deliver a service. This could relate to the quality, standard or service level
• we have not listened properly
• our processes or policies have not been followed
• our legal or regulatory requirements have not been met
• we have not delivered against a commitment or promise
• our staff have not been helpful or have not conducted themselves correctly

We will consider every complaint on its merits. After initial conversations we will decide whether to implement the complaints policy. The customer relations team will make these decisions in consultation with a senior manager from the relevant service and if required, legal services.

Complaints not covered by this policy

Requests for service

These requests alert us to work to be done. They only become a complaint if we do not deal with them appropriately.

Requests for information (Subject Access Request and Freedom of Information Requests) 

These should be referred to our customer information service. Dissatisfaction with the response to these requests should be directed to the Information Commissioners Office.

Immediate safeguarding concerns

If you believe that an individual is in immediate danger or risk of harm, you should report this to the police for immediate action

Appeals processes against a decision made

For some services alternative statutory appeal or tribunal processes must be used rather than this complaints policy. Whilst an appeal is in progress, we will direct any communication received by the customer relations team to the relevant appeals process. These include:

• issues of parking notices, such as parking tickets and the recovery process
• decisions on planning applications
• decisions to exclude pupils from school
• special education provision for a child
• appeals against the outcome of an assessment under the Department for Transport 'Eligible subject to further assessment' criteria regarding the issue of a blue badge
• decisions about the school a child should attend
• complaints about academies
• disputing invoices for adult social care services received

Complaints where the complainant does not have parental responsibility

Where we receive complaints in relation to services delivered to a family, where the complainant does not have Parental Responsibility (PR) for the children, we will advise that no further information will be made available unless we receive permission from an individual who does have PR.

Complaints on behalf of an adult who does not lack capacity

Where an adult is deemed to have capacity to speak on their own behalf, we are required to gain their permission to share any data. Should a complaint be raised on behalf of an individual who has capacity, but we have not been provided with permission to share information, we may reject this request, until permission is given.  

Complaints about Councillors

All members (elected Councillors and co-opted members) are expected to work to the highest standards of integrity. They agree to work to a code of conduct setting out how they should behave towards members of the public, people working for the council and themselves. Complaints about Councillors breaching the code of conduct are dealt with by the Monitoring Officer who can be contacted at:

Lincolnshire County Council, County Offices, Newland, Lincoln, LN1 1YL
By email: monitoring_officer@lincolnshire.gov.uk

Commissioned services

Where a customer receives a service from a provider commissioned by us, complaints should, in the first instance, be made directly to the external provider through its own complaints procedure. External providers must inform the relevant service of all complaints reviewed under their procedures and any action taken in response. If customers remain dissatisfied with a response from the provider, they should contact the complaints manager for further advice and guidance.

Complaints made more than one year after the customer became aware of the issue (unless in exceptional circumstances) 

This is because such complaints can be difficult to investigate fully or fairly.

Staff personnel issues including:

• disciplinary
• grievance
• pay
• recruitment and selection processes

These should be progressed with guidance from specific HR policies and procedures.

Complaints regarding the qualification of our staff

All staff are employed based on their suitability and relevant qualifications for the role. Therefore we will not accept any complaint which questions whether a particular staff member is qualified to fulfil their role under this policy.  Please note that this does not apply to complaints where you believe that staff have not acted appropriately.

Allegations of fraud, theft or corruption by a member of staff

Any serious concerns about a member of staff should be reported to our audit and strategic risk management team:
Email: customer_services@lincolnshire.gov.uk

Complaints about data protection

The following complaints should initially be raised directly with our Data Protection Officer to enable any issues to be resolved:

• how we have processed personal data 
• information sharing, disclosure or retention
• how we have responded to an individual rights request
• information security 

Our Data Protection Officer can be contacted at dpo@lincolnshire.gov.uk.

Should there remain concerns about how we handle data the customer should contact the complaints manager for advice and guidance.

Complaints that have already exhausted our process:

• if the same complaint has received a final written decision or 
• the complaint has already been referred to the Local Government and Social Care Ombudsman (LGSCO) or the Information Commissioner (ICO).