Corporate complaints policy

1. Introduction

1.1 We want our residents to be satisfied with our services. We welcome hearing our resident’s comments, compliments and complaints to better understand how they view our services. We see complaints as valuable opportunities to learn and improve.

1.2 This policy is aimed at anyone who is dissatisfied with services delivered by the council. A resident does not need to use the term 'complaint' for their concern to be addressed as such.

1.3 The policy for adult and children’s social care has a separate statutory process and is excluded from the scope of this policy. If unhappy with adult or children’s social care, please see adult social care complaints or children's social care complaints for more detail.

1.4 This policy is a framework for ensuring that complaints received about corporate services are handled consistently, fairly and effectively. The principles, process and timescales in this policy are aligned with the Complaint Handling Codes issued by the Local Government and Social Care Ombudsman and Housing Ombudsman.

1.5 Aims and objectives

1.5.1 This policy will deliver the following results:

• enabling our residents to provide feedback about their experience
• ensuring that complaints are handled consistently, appropriately and effectively
• ensuring that complaints are addressed and responded to in a timely manner
• remedying failures appropriately and proportionately
• learning from complaints and making improvements to services
• monitoring the effectiveness of the complaints’ process

1.6 Scope

1.6.1 This policy applies to complaints about any of the services provided by the council.

1.6.2 The following will not be considered under the council’s complaint procedure:

• Service requests: Service requests are ‘a request that the organisation, provides or improves a service, fixes a problem or reconsiders a decision’. This includes reporting a missed bin collection; reporting fly-tips, reporting a pothole, road and pavement maintenance; and requesting a standard council housing repair for the first time.
• Matters that would be more appropriately considered by an insurer: These should be dealt with as an insurance claim
• Complaints that are more than 12 months old: Any complaint known about by the complainant, that was not reported to us within 12 months, will not be accepted unless there are exceptional circumstances for the delay, such as illness or hospitalisation. Evidence may be required to verify the reason for the delay.
• Complaints that have been already investigated at the final stage: If after going through the final stage of the procedure, a complainant remains unhappy with the way their complaint has been handled by the council, they have the right to complain to the relevant Ombudsman
• Appeals to tribunals: The council may decide not to investigate any complaint that would be more appropriately dealt with as an appeal or review or by a tribunal. This includes parking fines, housing benefit assessments, council tax support decisions and other matters such as the issuing of Fixed Penalty Notices. Complaints considered by or referred to a Tribunal will not be investigated.
• Previous appeals: The council cannot accept complaints about matters that have already been the subject of an appeal to a tribunal or to a government minister or are part of previous court action against the council
• Complaints about council staff: Some complaints contain issues about council staff or staff working on behalf of the council. Depending on the nature of these complaints, if the complaint is to be investigated under our HR policy, it will not be possible to keep the complainant informed of the progress, outcome, or specific action that may be taken against the member of staff. Disclosing details of the ongoing process may affect the impartiality of the investigation and conflict with confidentiality obligations to other parties.
• Complaints about a school: These should be directly sent to the school. All schools have their complaints’ policy on their website, and you can ask the school office for a copy.
• Personnel matters: The complaints process cannot be used to address any employment-related issues
• Complaints about councillors: The complaints process cannot be used for complaints about councillors. This must be dealt with through the Members Complaints Procedure
• Disagreement with council policy or decisions: Disagreements with council policies or decisions cannot be appealed. However, you can request further information about why a decision has been made
• Access to Information Requests: If unhappy with the response to or handling of a Freedom of Information Request, Subject Access Request or Environmental Information Regulations, an internal review can be requested.
• Matters that have a right to appeal and review: This includes decisions made under the Housing Act 1996 and the assessment and Allocations Policy
• Matters relating to court proceedings or legal action in progress

1.7 If we decide not to deal with a complaint under this policy, we will provide an explanation of that decision in writing and inform the resident of their right to refer it to the relevant Ombudsman.

2. Equality and diversity

2.1 Advancing equality, diversity and inclusion is one of our key priorities and is embedded in everything we do. We aim to deliver services that are accessible to all and tailored to the diverse and individual needs of our community.

2.2 We ensure that everyone receives fair and equal treatment and is treated with dignity and respect when accessing our services. We will also make sure that service users are aware of their rights when accessing services. We expect contractors/third parties to share our vision and values, and that complaints will be handled in line with Enfield’s Complaint Policy.

2.3 The council has a positive approach to complaints. The council will assist people who have difficulty accessing or using the complaint form and provide alternative means of making a complaint when required.

2.4 Should you require any support or assistance with alternative methods of contact, our staff are available to assist at our Libraries/Community Hubs or alternatively you could call our contact centre on 020 8379 1000 who will help you.

3. What is a complaint?

3.1 Enfield Council defines a complaint 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 a resident or group of residents'. The word complaint is not required for a complaint to be considered under the complaints policy, and residents can submit a complaint at any time up to 12 months of the complaint occurring.

3.2 A complaint will never prevent, delay, or impact the council’s responsibility to take prompt action to resolve any immediate issues raised by residents. Urgent or safety related matters will continue to be addressed while the complaint is being investigated.

3.3 Complaints may, for example, be about:

• The fairness or professionalism of interaction with officers
• Failure to do something we should have done
• Refusal to provide a service or delivery of poor service
• Failure to follow the correct policy or procedure
• An observation about our services or people which requires action
• A suggestion about how things can be improved
• Dissatisfaction with the response to a service request, even if the handling of a service request remains ongoing
• Concern we have not met our legal obligations in the way we collect, use, store or share personal data

3.4 Anonymous complaints

3.4.1 A decision will be made on a case-by-case basis about whether it is possible or appropriate to consider anonymous complaints. In these circumstances the council may decide to investigate or take further action instead of providing a direct response to the complainant.

3.5 Unreasonable or unreasonably persistent complaints

3.5.1 We expect our staff to treat customers in a polite and respectful manner and we ask our customers to do likewise. If we consider that a complaint is being pursued in an offensive or unreasonable way or that a complaint is persistently taking up excessive staff time, we may place restrictions on the complainant’s contact with the council. If necessary, we may take further action in accordance with our Vexatious Complaints Policy.

4. What is the difference between a complaint and a Member’s Enquiry?

4.1 A Member’s Enquiry is a ‘request for information, the clarification of circumstances or further information for a particular situation or constituent, or the notification of dissatisfaction with a service’.

4.2 Councillors and MPs can make an enquiry or complaint on behalf of their constituents, at their request, through the Member’s Enquiry process. However, if a constituent has already raised a complaint, we will not be able to accept a duplicate complaint on their behalf through a councillor or MP. If the councillor or MP would like to follow up on the progress or outcomes of a complaint that a constituent has already raised, this will be treated as a member’s enquiry.

5. How complaints can be made?

5.1 A key priority of the council is to improve the efficiency of communication with our residents. Online systems are useful in helping to achieve this aim and we encourage our residents to submit any feedback or complaint via the online form which can be found at Feedback and complaints.

5.2 Where electronic access is not possible, complaints may be made by telephone or face-to- face, by visiting any council office (during office hours) or by post.

5.3 In order for us to deal effectively with a complaint, a complainant must outline the reason for the complaint, what has gone wrong and how they would like this to be fixed. It is helpful for the complainant to provide information on any prior contact with the service. This may include the name of the officer who has been involved in matters, copies of correspondence and any other useful background information.

5.4 The council will register and acknowledge all complaints. The Housing and Regeneration Department has its own complaints teams. All other complaints are handled by the central Complaints and Information Team.

6. Who can make a complaint?

6.1 Complaints may be made by anyone who is affected, either because the council (or someone acting on its behalf) has failed to do something we should have done or have done something to an unsatisfactory standard.

6.2 The person affected may choose to ask someone else to complain on their behalf, such as relative, carer or friend.

6.3 Complaints can also be made through a councillor, Member of Parliament, or another elected person. Correspondence from these individuals will continue to be dealt with in keeping with the Corporate Complaint Policy.

6.4 The person affected may also choose to ask an advocate or representative to act on their behalf. In line with GDPR, we will require signed consent from the person (via email, letter or photo) to authorise that they are happy for a representative to bring a complaint to the service on their behalf.

6.5 We will also need confirmation (where applicable) from the person to confirm if they wish to be contacted about their case directly or if case updates should be provided to their representative/advocate. If power of attorney is held, formal proof must be submitted, which will cover all communications with the council.

6.6 Where the service user is a child their consent to sharing information will be gained where they are of sufficient age and understanding. If they are not of sufficient age and understanding the council will determine whether the third party is acting in the service user’s best interest.

6.7 Regarding vulnerable adults, who do not have the capacity to consent, we will decide how to progress the matter in accordance with the Mental Capacity Act 2005.

6.8 Where appropriate, we will signpost complainants to relevant advocacy services. Where the complainant or service user is a child, we will provide an advocacy service if required.

7. Stages in the complaints procedure

7.1 The council has a two stage complaints process. Responses should be sent once an answer is available, even if actions are ongoing; these actions must be tracked and updated regularly for the complainant.

7.2 Stage 1

7.2.1 Stage 1 complaints are investigated and responded to by the service area in which the complaint originated. We will acknowledge your complaint within 5 working days of receipt, clarify the council's role, expected outcomes, and address any questions. The timeline begins from this confirmation. An officer from the complained about service will complete a full investigation before sending a reply to the complainant within 10 working days of the complaint being acknowledged.

7.2.2 If the investigating officer thinks that they need more time to carry out a full investigation, they should provide an explanation containing a clear timeframe of when the response will be received. Any extension must be no more than 10 working days without good reason. If matters cannot be resolved within the maximum timescale of 20 working days, we will contact the complainant to let them know of delay and advise when we are able to respond by. When a complaint deadline is extended the council will ensure the relevant Ombudsman contact details are provided.

7.2.3 Where further information is required from the complainant, we will put on hold the response timeframe until such information has been received. The complainant will therefore be notified that their complaint will be reopened and progressed further once we have received the necessary information.

7.2.4 The council will ensure a response is provided to the complainant when the answer is known and not when outstanding actions are completed.

7.2.5 On completion of stage 1, we will confirm the following in plain English:

• The complaint stage
• The complaint definition
• The details of any outstanding actions
• The decision on any complaint
• The reasons for any decisions made
• The details of any remedy offered to put things right
• The details of how to escalate a complaint if unhappy with the response

7.2.6 Where a complainant raises additional complaints during the investigation these will be incorporated into the stage 1 response, if they are relevant, and the stage 1 response has not been issued. Where the stage 1 response has been issued, or it would unreasonably delay the response, the additional complaint should be logged as a new complaint.

7.2.7 If a complainant is unhappy with the stage 1 response, they can request an escalation to stage 2 of the complaints process. Complainants are not required to explain their reasons for requesting a stage 2 escalation; however, the council will make reasonable efforts to understand why the resident remains dissatisfied.

7.2.8 Requests for escalation should be submitted within one month from the date of the stage 1 response. In cases where extenuating circumstances, such as illness or hospitalisation, prevent a complainant from submitting the request within this timeframe, the council will review these circumstances and may extend the timescales.

7.3 Stage 2

7.3.1 Stage 2 complaints are investigated and responded to by a different officer. Stage 2 complaints are often assigned to a senior manager with direct responsibility for the staff involved or the issue complained about. Complainants are not required to explain their reasons for requesting a stage 2 escalation; however, the council will make reasonable efforts to understand why the resident remains dissatisfied.

7.3.2 We aim to acknowledge your complaint within 5 working days of receipt, clarify the council's role, expected outcomes, and address any questions. From this point, the timescale will commence. The senior manager will complete a full investigation before sending a final reply to the resident within 20 working days of the complaint being acknowledged

7.3.3 If the investigating officer thinks that they need more time to carry out a full investigation, they will contact the complainant to agree a reasonable extension of the timescale. Any extension must be no more than 20 working days, and the reason(s) must be clearly explained to the complainant, this should be agreed by both parties. The complainant will be provided with the relevant Ombudsman’s contact details so they can challenge the council’s plan for responding, and/or the proposed timeliness of the response.

7.3.4 On completion of the stage 2, we will confirm the following in plain English:

• The complaint stage
• The complaint definition
• The details of any outstanding actions
• The decision on any complaint
• The reasons for any decisions made
• The details of any remedy offered to put things right
• The details of how to escalate a complaint if unhappy with the response

7.3.5 The response usually represents the council’s final response and will advise the complainant of their right to escalate matters to the relevant Ombudsman, should they remain dissatisfied.

8. Remedies and redress

8.1 The council will offer appropriate remedy and redress, in accordance with guidance provided by the Local Government and Social Care Ombudsman or Housing Ombudsman Service as appropriate.

8.2 When a complaint is upheld, we will consider an appropriate remedy, examples of which include:

• A written apology and full explanation. Where appropriate, this may be conveyed in person and confirmed in writing
• Taking action that will make up for, as much as is reasonably practicable, any harm or inconvenience caused as a result of the issue that led to the complaint
• Where a service has been wrongly denied to anyone, or has been wrongly withdrawn, it shall be provided or restored as appropriate
• Where a complaint has revealed defective policies, procedures and practices within the council, we will take action to change those policies, procedures and practices to prevent a recurrence
• If the financial loss or damage is specifically attributable to the council’s wrongful action or inaction, the council shall consider full, or appropriate, reimbursement of that loss or damage

8.3 If a proposed remedy cannot be delivered, the complainant will be informed of the reasons for this, provided with details of any alternative remedy and reminded of their right to complain to the relevant Ombudsman.

9. Complaints that cross council services

9.1 Sometimes a complaint involves more than one service. In these cases, the council will issue a single response. However, customers should be aware that in these circumstances it may take the council longer to respond depending on the complexity of the case.

10. Complaints involving other agencies or contractors

10.1 Some council services are provided by external contractors. In those cases, the contractor may be required to reply to a complaint, but they are expected to conform to the council’s standards for dealing with complaints.

10.2 Where the service is provided jointly with another agency, we will endeavour to resolve matters with our customers and the agency. Where attempts to respond have been unsuccessful or where the complainant is dissatisfied, we will consider the complaint under our corporate policy at stage two.

11. Ombudsman

11.1 The Local Government and Social Care Ombudsman and the Housing Ombudsman considers complaints about public bodies including local authorities. The relevant Ombudsman investigates complaints about poor service, failure to provide a service and administrative failure.

11.2 If after going through the final stage of the procedure a complainant remains unhappy with the way their complaint has been handled by the council, they have the right to complain to the relevant Ombudsman.

11.3 In most cases, the relevant Ombudsman will normally only consider complaints if the complainant has exhausted the council’s complaints procedure. However, the relevant Ombudsman has discretion to investigate a complaint prior to the council conducting its own investigation. For example, where the relevant Ombudsman deems the complainant to be vulnerable or the case raises an issue of general concern to the public.

11.4 Should investigations into data protection complaints require a longer timeframe than set out in the corporate complaints policy we commit to ensuring that investigations are completed without undue delay and that we will keep you informed of when you will receive a response.If you have raised a data protection complaint our final review will remind you that if you remain dissatisfied you have the right to escalate the matter to the Information Commissioner’s Office (ICO). Under the Data Use and Access Act 2025, the ICO will generally expect you to complete the council’s internal complaints process before it will investigate.

12. Performance monitoring

12.1 The monitoring and review of complaints gives valuable information about resident perception and service performance. We will try and learn lessons from complaints to drive improvements in the services we provide.

12.2 The council will collect information on the total number of complaints received across each stage of the process. The number of complaints answered within target timescales and their outcomes are also monitored.

12.3 The following information is captured, where possible, for every complaint:

• name, address and contact details of the complainant
• details of the complaint
• complaint tracking information (date of receipt, acknowledgement and response)
• complaint resolution details
• lessons learned

12.4 This information will be used to produce management reports to monitor service performance, highlight areas of service failure and gaps in provision and identify areas for service improvement.

12.5 To assist with our service improvement agenda we may, where appropriate, contact individuals who have made complaints to seek their views on their experience of the process.

12.6 An annual complaints performance and service improvement report will be presented to the Overview and Scrutiny Panel. This report will include:

• an annual self-assessment against the Local Government Ombudsman Complaint Handling Code
• a qualitative and quantitative analysis of the council’s complaint handling performance. This will include a summary of the types of complaints the organisation has refused to accept.
• any findings of non-compliance with the Complaint Handling Code
• the service improvements made because of the learning from complaints
• the annual letter about the organisation’s performance from the Local Government and Social Care Ombudsman and the Housing Ombudsman
• any other relevant reports or publications produced by the Local Government and Social Care Ombudsman and the Housing Ombudsman in relation to the work of the council

12.7 The council is committed to equal opportunities and tackling all forms of discrimination. To assist the council in identifying areas where there may be discrimination in service provision, we will undertake periodic equality monitoring to assess whether there is any underrepresentation of any parts of the community and whether there are any equalities issues underpinning the issues raised by complainants.

13. Publishing complaints information

13.1 The complaints procedure and annual reports will be submitted to the relevant Committee or Scrutiny Panel of the council and published on the council’s website. All materials related to the procedure will be presented in clear and accessible English.

13.2 The council will provide an annual report to the Housing Ombudsman in accordance with the complaint code and will publish both the report and its Self-Assessment on the council’s website, together with this complaints policy and information regarding escalation procedures for residents. Guidance on submitting complaints is also communicated to council housing residents and leaseholders via E-News or Housing Newsletters.

13.3 The Corporate Council Complaints Policy will be made available as a webpage on the council’s website, enabling customers to use accessibility and language tools to adapt the content to their individual requirements.