Adult Social Care statutory complaints process
The same core principles outlined in sections 1 to 18 of this policy also apply to Adult Social Care complaints, but the statutory process, set down by central Government, means that there are different stages and timescales that we must follow.
The statutory process is governed by The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009.
As with service complaints, we will always attempt to resolve matters informally and at the earliest opportunity wherever possible.
Usually, we will not be able to investigate a statutory complaint if the same matters are being investigated concurrently through court, criminal or tribunal proceedings. Once the concurrent investigation has been concluded, you have up to one year from the conclusion to resubmit your complaint to the council should you wish. However, you cannot use the complaints procedure to appeal against a court decision.
If you have a private arrangement with a social care organization or provider, you will need to raise your complaint with them.
There is only one stage to the Adult Social Care statutory complaints process.
Stage 1 - Local resolution
Where possible, we will look to resolve the matter informally for you within three working days, without the need for escalation through the formal complaints process.
Where early resolution is not possible or an informal approach is not considered appropriate, the Service Recovery team will log and acknowledge statutory complaints within three working days of receipt by the Council.
A senior officer or manager in Adult Services will conduct an appropriate investigation of the complaint, aiming to resolve it speedily and efficiently, and will keep you informed of progress during the investigation as far as reasonably possible.
All contact will usually be by email if the complaint was made electronically, or if you have not indicated any other preferred method of communication.
We have an internal standard of responding to complaints within 20 working days of receipt, although the regulations permit up to 6 months to provide a detailed response.
In some complex cases, particularly those involving more than one organization (e.g. health services and social care) we may require longer to conclude our investigation. If the 6-month timeframe cannot be met, we will contact you to explain the reason(s) why and agree an extension and a new date for our response.
Following completion of the investigation, our response will include an explanation of how the complaint has been investigated, what conclusions have been reached and set out details of any remedial actions taken or to be taken and when they will be completed.
Not every complaint can be resolved and not everyone will agree with suggested ways of resolving their concerns. If, after the Council’s response, you are not satisfied with the outcome or the way your complaint has been managed, you can ask the Local Government and Social Care Ombudsman to review your complaint.