11.1 The time limit is one example when the council may not act on a complaint. There are other reasons within the regulations, and LGSCO best practice where a complaint may not be investigated. The council will consider the individual circumstance of each complaint when deciding whether to investigate or act.
11.2 There are some matters that we are not required to deal with through Adult Social Care complaint processes. This is usually because a concern has already been dealt with or there are more appropriate ways of managing the problem, for example when the matter:
- is already being / has been investigated through our complaints process or by the Local Government and Social Care Ombudsman
- would be more appropriately investigated through other complaints processes, such the council ’s Corporate Complaints policy, Children’s Social Care Complaints policy or Information Security Incident Processes
- would be more appropriately managed through/is subject to processes such as employment, disciplinary or grievance procedures, criminal investigation and court proceedings
- is a complaint from a provider around contractual issues
- is a complaint from an individual who has entered a private arrangement with a provider
- concerns financial assessment and has already been reviewed by the ASC financial panel – these cases will be sign posted to the Ombudsman. More information on the financial assessment review process can be found here.
Further examples are provided in Appendix 3
11.3 Where the council is not required to act on a complaint, we will explain why in writing and, where possible, suggest other steps that may be taken instead.
11.4 Verbal concerns raised with our staff and resolved to the person making the complaint’s satisfaction by the end of the next working day are not managed as complaints.
Complaints about care and support arranged or provided on behalf of the council
11.5 Where a complaint relates to a commissioned provider (e.g. supported living, care homes or domiciliary care), the council will follow the Formal Adult Social Care Provider Complaint Process. This process ensures that providers respond promptly and fairly, and that when required, complaints are monitored by the council’s Quality Assurance and Commissioning Teams. The process aligns with the Local Government and Social Care Ombudsman’s best practice on handling adult social care complaints and ensures person making the complaints are supported throughout. The ombudsman treats third party actions in this scenario, as if the actions were conducted by the council itself.
11.6 The council encourages any concerns are raised directly with the provider of care in the first instance and exhausts the provider’s complaints policy.
11.7 If following para 11.6 the person making the complaint is dissatisfied; they may request the council reviews the complaint, where the provider and Quality Officer assess whether escalation is appropriate.
11.8 Anyone who is self-funding their care and support arrangements and has entered into an agreement independently of the council with a social care provider (such as a care home or a home-care agency) should:
- first make a complaint directly to the organisation concerned and follow their own complaints process
- then if dissatisfied with the final outcome of the complaint, ask the Local Government and Social Care Ombudsman to review their complaint
11.9 The Adult Social Care Quality team may keep complaints information from providers, either reported by people accessing services, family, friends or carers, or the providers themselves for quality assurance purposes. This information is kept following UK GDPR and data protection principals – more information see the
adult social care data privacy notice here
