Complaints Handling Procedure Appendix
Argyll and Bute Council · 25 May 2022
Back to Argyll and Bute HSCP Integration Joint Board (IJB) — 25 May 2022 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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The Model Complaints Handling Procedure for the Scottish Government, Scottish Parliament and Associated Public Authorities Page 1 of 20 Argyll & Bute Integration Joint Board Complaints handling process v 0.1
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The Model Complaints Handling Procedure for the Scottish Government, Scottish Parliament and Associated Public Authorities Page 2 of 20 Document control Title Integration Joint Board Complaints Handling Procedure Author Integration Joint Board Creation date Document Control May 2022 Date of version May 2022 Version history Version Comments V0.1 Draft External guidance Version Description Date 1 Published on SPSO website March 2013 2 Published on SPSO website January 2020
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The Model Complaints Handling Procedure for the Scottish Government, Scottish Parliament and Associated Public Authorities Page 3 of 20 Contents The complaints handling process .............................................................................................. 4 Resolving the complaint ............................................................................................................... 6 What to do when you receive a complaint ............................................................................... 7 Stage 1: Frontline response ........................................................................................................ 8 Notifying staff members involved ............................................................................................... 8 Timelines .................................................................................................................................... 8 Extension to the timeline................................................................................................... 8 Closing the complaint at the frontline response stage............................................................... 9 Stage 2: Investigation ................................................................................................................. 10 Acknowledging the complaint................................................................................................... 10 Agreeing the points of complaint and outcome sought ........................................................... 10 Notifying staff members involved ............................................................................................. 11 Investigating the complaint....................................................................................................... 12 Alternative complaint resolution approaches ................................................................. 12 Meeting with the customer during the investigation ....................................................... 13 Timelines .................................................................................................................................. 13 Extension to the timeline................................................................................................. 13 Closing the complaint at the investigation stage ..................................................................... 14 Signposting to the SPSO.......................................................................................................... 14 Post-closure contact ................................................................................................................. 16 Appendix 1 - Timelines ................................................................................................................ 17 Appendix 2 – The complaint handling process (flowchart for staff)............................... 19
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The Model Complaints Handling Procedure for the Scottish Government, Scottish Parliament and Associated Public Authorities Page 4 of 20 The complaints handling process 1. Our Complaints Handling Procedure (CHP) aims to provide a quick, simple and streamlined process for responding to complaints early and locally by capable, well-trained staff. Where possible, we will resolve the complaint to the customer’s satisfaction. Where this is not possible, we will give the customer a clear and reasoned response to their complaint. Complaint received A customer may complain either verbally or in writing, including face-to-face, by phone, letter or email. Stage 1: Frontline response For issues that are straightforward and simple, requiring little or no investigation. ‘On-the-spot’ apology, explanation, or other action to put the matter right Complaint resolved or a response provided in five working days or less (unless there are exceptional circumstances) Complaints addressed by any member of staff, or alternatively referred to the appropriate point for frontline response Response normally face-to-face or by telephone (though sometimes we will need to put the decision in writing) We will tell the customer how to escalate their complaint to stage 2 Stage 2: Investigation Where the customer is not satisfied with the frontline response, or refuses to engage at the frontline, or where the complaint is complex, serious or 'high-risk' Complaint acknowledged within three working days. We will contact the customer to clarify the points of complaint and outcome sought (where these are already clear, we will confirm them in the acknowledgement) Complaint resolved or a definitive response provided within 20 working days following a thorough investigation of the points raised Independent external review (SPSO or other) Where the customer is not satisfied with the stage 2 response from the service provider The SPSO will assess whether there is evidence of service failure or maladministration not identified by the service provider Resolution The complainant and organisation agree what action will be taken to resolve the complaint. Where a complaint is resolved, it is not usually necessary to continue investigating, although an organisation may choose to do so, for example to identify learning. We must signpost the customer to stage 2 (for stage 1 complaints) or to the SPSO as usual. Reporting, recording and learning Action is taken to improve services on the basis of complaint findings, where appropriate.
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The Model Complaints Handling Procedure for the Scottish Government, Scottish Parliament and Associated Public Authorities Page 5 of 20 We record details of all complaints, the outcome and any action taken, and use this data to analyse themes and trends. Senior management have an active interest in complaints and use complaints data and analysis to improve services. Learning is shared throughout the organisation.
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The Model Complaints Handling Procedure for the Scottish Government, Scottish Parliament and Associated Public Authorities Page 6 of 20 Resolving the complaint 2. A complaint is resolved when both the Integration Joint Board and the customer agree what action (if any) will be taken to provide full and final resolution for the customer, without making a decision about whether the complaint is upheld or not upheld. 3. We will try to resolve complaints wherever possible, although we accept this will not be possible in all cases. 4. A complaint may be resolved at any point in the complaint handling process, including during the investigation stage. It is particularly important to try to resolve complaints where there is an ongoing relationship with the customer or where the complaint relates to an ongoing issue that may give rise to future complaints if the matter is not fully resolved. 5. It may be helpful to use alternative complaint resolution approaches when trying to resolve a complaint. See Alternative complaint resolution approaches. 6. Where a complaint is resolved, we do not normally need to continue looking into it or provide a response on all points of complaint. There must be a clear record of how the complaint was resolved, what action was agreed, and the customer’s agreement to this as a final outcome. In some cases it may still be appropriate to continue looking into the issue, for example where there is evidence of a wider problem or potential for useful learning. We will use our professional judgment in deciding whether it is appropriate to continue looking into a complaint that is resolved. 7. In all cases, we must record the complaint outcome (resolved) and any action taken, and signpost the customer to stage 2 (for stage 1 complaints) or to the SPSO as usual (see Signposting to the SPSO). 8. If the customer and the Integration Joint Board are not able to agree a resolution, we must follow this CHP to provide a clear and reasoned response to each of the issues raised.
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The Model Complaints Handling Procedure for the Scottish Government, Scottish Parliament and Associated Public Authorities Page 7 of 20 What to do when you receive a complaint 9. Members of staff receiving a complaint should consider four key questions. This will help them to either respond to the complaint quickly (at stage 1) or determine whether the complaint is more suitable for stage 2: What exactly is the customer's complaint (or complaints)? 10. It is important to be clear about exactly what the customer is complaining about. We may need to ask the customer for more information and probe further to get a full understanding. 11. We will need to decide whether the issue can be defined as a complaint and whether there are circumstances that may limit our ability to respond to the complaint (such as the time limit for making complaints, confidentiality, anonymity or the need for consent). We should also consider whether the complaint is serious, high-risk or high-profile. 12. If the matter is not suitable for handling as a complaint, we will explain this to the customer (and signpost them to SPSO). There is detailed guidance on this step in Part 2: When to use this procedure. 13. In most cases, this step will be straightforward. If it is not, the complaint may need to be handled immediately at stage 2 (see Stage 2: Investigation). What does the customer want to achieve by complaining? 14. At the outset, we will clarify the outcome the customer wants. Of course, the customer may not be clear about this, and we may need to probe further to find out what they expect, and whether they can be satisfied. Can I achieve this, or explain why not? 15. If a staff member handling a complaint can achieve the expected outcome, for example by providing an on-the-spot apology or explain why they cannot achieve it, they should do so. 16. The customer may expect more than we can provide. If so, we will tell them as soon as possible. 17. Complaints which can be resolved or responded to quickly should be managed at stage 1 (see Stage 1: Frontline response). If I cannot respond, who can help? 18. If the complaint is simple and straightforward, but the staff member receiving the complaint cannot deal with it because, for example, they are unfamiliar with the issues or area of service involved, they should pass the complaint to someone who can respond quickly. 19. If it is not a simple and straightforward complaint that can realistically be closed within five working days (or ten, if an extension is appropriate), it should be handled immediately at stage 2. If the customer refuses to engage at stage 1, insisting that they want their complaint investigated, it should be handled immediately at stage 2. See Stage 2: Investigation.
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The Model Complaints Handling Procedure for the Scottish Government, Scottish Parliament and Associated Public Authorities Page 8 of 20 Stage 1: Frontline response 20. Frontline response aims to respond quickly (within five working days) to straightforward complaints that require little or no investigation. 21. Any member of staff may deal with complaints at this stage (including the staff member complained about, for example with an explanation or apology). The main principle is to respond to complaints at the earliest opportunity and as close to the point of service delivery as possible. 22. We may respond to the complaint by providing an on-the-spot apology where appropriate, or explaining why the issue occurred and, where possible, what will be done to stop this happening again. We may also explain that, as an organisation that values complaints, we may use the information given when we review service standards in the future. If we consider an apology is appropriate, we may wish to follow the SPSO guidance on apology. 23. Part 2, Appendix 1 gives examples of the types of complaint we may consider at this stage, with suggestions on how to handle them. 24. Complaints which are not suitable for frontline response should be identified early, and handled immediately at stage 2: investigation. Notifying staff members involved 25. If the complaint is about the actions of another staff member, the complaint should be shared with them, where possible, before responding (although this should not prevent us responding to the complaint quickly, for example where it is clear that an apology is warranted). Timelines 26. Frontline response must be completed within five working days, although in practice we would often expect to respond to the complaint much sooner. ‘Day one’ is always the date of receipt of the complaint (or the next working day if the complaint is received on a weekend or public holiday). [Organisations may wish to add additional detail on their usual arrangements for receiving and dating of mail and other correspondence – for example if there is a policy to mark correspondence received after a certain time as received the next day.] Extension to the timeline 27. In exceptional circumstances, a short extension of time may be necessary due to unforeseen circumstances (such as the availability of a key staff member). Extensions must be agreed with an appropriate manager. We will tell the customer about the reasons for the extension, and when they can expect a response. The maximum extension that can be granted is five working days (that is, no more than ten working days in total from the date of receipt). 28. If a complaint will take more than five working days to look into, it should be handled at stage 2 immediately. The only exception to this is where the complaint is simple and could normally be handled within five working days, but it is not possible to begin immediately (for example, due to the absence of a key staff member). In such cases, the complaint may still be handled at stage 1 if it is clear that it can be handled within the extended timeframe of up to ten working days.
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The Model Complaints Handling Procedure for the Scottish Government, Scottish Parliament and Associated Public Authorities Page 9 of 20 29. If a complaint has not been closed within ten working days, it should be escalated to stage 2 for a final response. 30. Appendix 1 provides further information on timelines. Closing the complaint at the frontline response stage 31. If we convey the decision face-to-face or on the telephone, we are not required to write to the customer as well (although we may choose to). We must: tell the customer the outcome of the complaint (whether it is resolved, upheld, partially upheld or not upheld) explain the reasons for our decision (or the agreed action taken to resolve the complaint (see Resolving the complaint)); and explain that the customer can escalate the complaint to stage 2 if they remain dissatisfied and how to do so (we should not signpost to the SPSO until the customer has completed stage 2). 32. We will keep a full and accurate record of the decision given to the customer. If we are not able to contact the customer by phone, or speak to them in person, we will provide a written response to the complaint where an email or postal address is provided, covering the points above. 33. If the complaint is about the actions of a particular staff member/s, we will share with them any part of the complaint response which relates to them, (unless there are compelling reasons not to). 34. The complaint should then be closed and the complaints system updated accordingly. 35. At the earliest opportunity after the closure of the complaint, the staff member handling the complaint should consider whether any learning has been identified. See Part 4: Learning from complaints.
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The Model Complaints Handling Procedure for the Scottish Government, Scottish Parliament and Associated Public Authorities Page 10 of 20 Stage 2: Investigation 36. Not all complaints are suitable for frontline response and not all complaints will be satisfactorily addressed at that stage. Stage 2 is appropriate where: the customer is dissatisfied with the frontline response or refuses to engage at the frontline stage, insisting they wish their complaint to be investigated. Unless exceptional circumstances apply, the customer must escalate the complaint within six months of when they first knew of the problem or within two months of the stage 1 response, whichever is later (see Part 2: Time limits for making a complaint) the complaint is not simple and straightforward (for example where the customer has raised a number of issues, or where information from several sources is needed before we can establish what happened and/or what should have happened); or the complaint relates to serious, high-risk or high-profile issues (see Part 2: Serious, high- risk or high-profile complaints). 37. An investigation aims to explore the complaint in more depth and establish all the relevant facts. The aim is to resolve the complaint where possible, or to give the customer a full, objective and proportionate response that represents our final position. Wherever possible, complaints should be investigated by someone not involved in the complaint (for example, a line manager or a manager from a different area). 38. Details of the complaint must be recorded on the complaints system. Where appropriate, this will be done as a continuation of frontline response. If the investigation stage follows a frontline response, the officer responsible for the investigation should have access to all case notes and associated information. 39. The beginning of stage 2 is a good time to consider whether complaint resolution approaches other than investigation may be helpful (see Alternative complaint resolution approaches). Acknowledging the complaint 40. Complaints must be acknowledged within three working days of receipt at stage 2. 41. We must issue the acknowledgement in a format which is accessible to the customer, taking into account their preferred method of contact. 42. Where the points of complaint and expected outcomes are clear from the complaint, we must set these out in the acknowledgement and ask the customer to get in touch with us immediately if they disagree. See Agreeing the points of complaint and outcome sought. 43. Where the points of complaint and expected outcomes are not clear, we must tell the customer we will contact them to discuss this. Agreeing the points of complaint and outcome sought 44. It is important to be clear from the start of stage 2 about the points of complaint to be investigated and what outcome the customer is seeking. We may also need to manage the customer’s expectations about the scope of our investigation.
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The Model Complaints Handling Procedure for the Scottish Government, Scottish Parliament and Associated Public Authorities Page 11 of 20 45. Where the points of complaint and outcome sought are clear, we can confirm our understanding of these with the customer when acknowledging the complaint (see Acknowledging the complaint). 46. Where the points of complaint and outcome sought are not clear, we must contact the customer to confirm these. We will normally need to speak to the customer (by phone or face-to-face) to do this effectively. In some cases it may be possible to clarify complaints in writing. The key point is that we need to be sure we and the customer have a shared understanding of the complaint. When contacting the customer we will be respectful of their stated preferred method of contact. We should keep a clear record of any discussion with the customer. 47. In all cases, we must have a clear shared understanding of: What are the points of complaint to be investigated? While the complaint may appear to be clear, agreeing the points of complaint at the outset ensures there is a shared understanding and avoids the complaint changing or confusion arising at a later stage. The points of complaint should be specific enough to direct the investigation, but broad enough to include any multiple and specific points of concern about the same issue. We will make every effort to agree the points of complaint with the customer (alternative complaint resolution approaches may be helpful at this stage). In very rare cases, it may not be possible to agree the points of complaint (for example, if the customer insists on an unreasonably large number of complaints being separately investigated, or on framing their complaint in an abusive way). We will manage any such cases in accordance with our [unacceptable actions policy, or equivalent], bearing in mind that we should continue to investigate the complaint (as we understand it) wherever possible. Is there anything we can’t consider under the CHP? We must explain if there are any points that are not suitable for handling under the CHP (see Part 2: What to do if the CHP does not apply). What outcome does the customer want to achieve by complaining? Asking what outcome the customer is seeking helps direct the investigation and enables us to focus on resolving the complaint where possible. Are the customer's expectations realistic and achievable? It may be that the customer expects more than we can provide, or has unrealistic expectations about the scope of the investigation. If so, we should make this clear to the customer as soon as possible. Notifying staff members involved 48. If the complaint is about the actions of a particular staff member/s, we will notify the staff member/s involved (including where the staff member is not named, but can be identified from the complaint). We will: share the complaint information with the staff member/s (unless there are compelling reasons not to)
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The Model Complaints Handling Procedure for the Scottish Government, Scottish Parliament and Associated Public Authorities Page 12 of 20 advise them how the complaint will be handled, how they will be kept updated and how we will share the complaint response with them discuss their willingness to engage with alternative complaint resolution approaches (where applicable); and signpost the staff member/s to a contact person who can provide support and information on what to expect from the complaint process (this must not be the person investigating or signing off the complaint response). 49. If it is likely that internal disciplinary processes may be involved, the requirements of that process should also be met and referred to the Standards Officer in respect of the Model Code of Conduct. 50. See also Part 2: Complaints and disciplinary or whistleblowing processes. Investigating the complaint 51. It is important to plan the investigation before beginning. The staff member investigating the complaint should consider what information they have and what they need about: what happened? (this could include, for example, records of phone calls or meetings, work requests, recollections of staff members or internal emails) what should have happened? (this should include any relevant policies or procedures that apply); and is there a difference between what happened and what should have happened, and is Integration Joint Board responsible? 52. In some cases, information may not be readily available. We will balance the need for the information against the resources required to obtain it, taking into account the seriousness of the issue (for example, it may be appropriate to contact a former employee, if possible, where they hold key information about a serious complaint). 53. If we need to share information within or outwith the organisation, we will be mindful of our obligations under data protection legislation. See Part 1: Maintaining confidentiality and data protection. 54. The SPSO has resources for conducting investigations, including: Investigation plan template Decision-making tool for complaint investigators Alternative complaint resolution approaches 55. Some complex complaints, or complaints where customers and other interested parties have become entrenched in their position, may require a different approach to resolving the matter. Where we think it is appropriate, we may use alternative complaint resolution approaches such as complaint resolution discussions, mediation or conciliation to try to resolve the matter and to reduce the risk of the complaint escalating further. If mediation is attempted, a suitably trained and qualified mediator should be used. Alternative complaint resolution approaches may help both parties to understand what has caused the complaint, and so are more likely to lead to mutually satisfactory solutions.
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The Model Complaints Handling Procedure for the Scottish Government, Scottish Parliament and Associated Public Authorities Page 13 of 20 56. Alternative complaint resolution approaches may be used to resolve the complaint entirely, or to support one part of the process, such as understanding the complaint, or exploring the customer’s desired outcome. 57. The SPSO has guidance on alternative complaint resolution approaches. 58. If the Integration Joint Board and the customer (and any staff members involved) agree to using alternative complaint resolution approaches, it is likely that an extension to the timeline will need to be agreed. This should not discourage the use of these approaches. Meeting with the customer during the investigation 59. To effectively investigate the complaint, it may be necessary to arrange a meeting with the customer. Where a meeting takes place, we will always be mindful of the requirement to investigate complaints (including holding any meetings) within 20 working days wherever possible. Where there are difficulties arranging a meeting, this may provide grounds for extending the timeframe. 60. As a matter of good practice, a written record of the meeting should be completed and provided to the customer. Alternatively, and by agreement with the person making the complaint, we may provide a record of the meeting in another format. We will notify the person making the complaint of the timescale within which we expect to provide the record of the meeting. Timelines 61. The following deadlines are appropriate to cases at the investigation stage (counting day one as the day of receipt, or the next working day if the complaint was received on a weekend or public holiday): 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 time the complaint was received for investigation. Extension to the timeline 62. Not all investigations will be able to meet this deadline. For example, some complaints are so complex that they require careful consideration and detailed investigation beyond the 20 working day timeline. It is important to be realistic and clear with the customer about timeframes, and to advise them early if we think it will not be possible to meet the 20 day timeframe, and why. We should bear in mind that extended delays may have a detrimental effect on the customer. 63. Any extension must be approved by an appropriate manager. We will keep the customer and any member/s of staff complained about updated on the reason for the delay and give them a revised timescale for completion. We will contact the customer and any member/s of staff complained about at least once every 20 working days to update them on the progress of the investigation. 64. Appendix 1 provides further information on timelines.
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The Model Complaints Handling Procedure for the Scottish Government, Scottish Parliament and Associated Public Authorities Page 14 of 20 Closing the complaint at the investigation stage 65. The response to the complaint should be in writing (or by the customer’s preferred method of contact) and must be signed off by a manager or officer who is empowered to provide the final response on behalf of the Integration Joint Board. 66. We will tell the customer the outcome of the complaint (whether it is resolved, upheld, partially upheld or not upheld). The quality of the complaint response is very important and in terms of good practice should: be clear and easy to understand, written in a way that is person-centred and non- confrontational avoid technical terms, but where these must be used, an explanation of the term should be provided address all the issues raised and demonstrate that each element has been fully and fairly investigated include an apology where things have gone wrong (this is different to an expression of empathy: see the SPSO’s guidance on apology) highlight any area of disagreement and explain why no further action can be taken indicate that a named member of staff is available to clarify any aspect of the letter; and indicate that if they are not satisfied with the outcome of the local process, they may seek a review by the SPSO (see Signposting to the SPSO). 67. Where a complaint has been resolved, the response does not need to provide a decision on all points of complaint, but should instead confirm the resolution agreed. See Resolving the complaint. 68. If the complaint is about the actions of a particular staff member/s, we will share with them any part of the complaint response which relates to them, (unless there are compelling reasons not to). 69. We will record the decision, and details of how it was communicated to the customer, on the complaints system. 70. The SPSO has guidance on responding to a complaint: Template decision letter Apology guidance 71. At the earliest opportunity after the closure of the complaint, the staff member handling the complaint should consider whether any learning has been identified. See Part 4: Learning from complaints. Signposting to the SPSO 72. Once the investigation stage has been completed, the customer has the right to approach the SPSO if they remain dissatisfied. We must make clear to the customer: their right to ask the SPSO to consider the complaint the time limit for doing so; and
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The Model Complaints Handling Procedure for the Scottish Government, Scottish Parliament and Associated Public Authorities Page 15 of 20 how to contact the SPSO. 73. The SPSO considers complaints from people who remain dissatisfied at the conclusion of our complaints procedure. The SPSO looks at issues such as service failure and maladministration (administrative fault), and the way we have handled the complaint. There are some subject areas that are outwith the SPSO’s jurisdiction, but it is the SPSO’s role to determine whether an individual complaint is one that they can consider (and to what extent). All investigation responses must signpost to the SPSO. 74. The SPSO recommends that we use the wording below to inform customers of their right to ask the SPSO to consider the complaint. This information should only be included on the Integration Joint Board’s final response to the complaint. Information about the SPSO The Scottish Public Services Ombudsman (SPSO) is the final stage for complaints about public services in Scotland. This includes complaints about Integration Joint Board. The SPSO is an independent organisation that investigates complaints. It is not an advocacy or support service (but there are other organisations who can help you with advocacy or support). If you remain dissatisfied when you have had a final response from Integration Joint Board, you can ask the SPSO to look at your complaint. You can ask the SPSO to look at your complaint if: you have gone all the way through the [organisation]'s Complaints Handling Procedure it is less than 12 months after you became aware of the matter you want to complain about, and the matter has not been (and is not being) considered in court. The SPSO will ask you to complete a complaint form and provide a copy of this letter (our final response to your complaint). You can do this online at www.spso.org.uk/complain or call them on Freephone 0800 377 7330. You may wish to get independent support or advocacy to help you progress your complaint. Organisations who may be able to assist you are: Citizens Advice Bureau Scottish Independent Advocacy Alliance The SPSO’s contact details are: SPSO Bridgeside House 99 McDonald Road Edinburgh EH7 4NS (if you would like to visit in person, you must make an appointment first)
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The Model Complaints Handling Procedure for the Scottish Government, Scottish Parliament and Associated Public Authorities Page 16 of 20 Their freepost address is: FREEPOST SPSO Freephone: 0800 377 7330 Online contact www.spso.org.uk/contact-us Website: www.spso.org.uk Post-closure contact 75. If a customer contacts us for clarification when they have received our final response, we may have further discussion with the customer to clarify our response and answer their questions. However, if the customer is dissatisfied with our response or does not accept our findings, we will explain that we have already given them our final response on the matter and signpost them to the SPSO.
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The Model Complaints Handling Procedure for the Scottish Government, Scottish Parliament and Associated Public Authorities Page 17 of 20 Appendix 1 - Timelines General 1. References to timelines throughout the CHP relate to working days. We do not count non- working days, for example weekends, public holidays and days of industrial action where our service has been interrupted. Timelines at frontline response (stage 1) 2. We will aim to achieve frontline response within five working days. The date of receipt is day one, and the response should be provided (or the complaint escalated) on day five, at the latest. 3. If we have extended the timeline at the frontline response stage in line with the CHP, the response should be provided (or the complaint escalated) on day ten, at the latest. Transferring cases from frontline response to investigation 4. If the customer wants to escalate the complaint to the investigation stage, the case must be passed for investigation without delay. In practice this will mean on the same day that the customer is told this will happen. Timelines at investigation (stage 2) 5. For complaints at the investigation stage, day one is: the day the case is transferred from the frontline stage to the investigation stage the day the customer asks for an investigation or expresses dissatisfaction after a decision at the frontline response stage; or the date we receive the complaint, if it is handled immediately at stage 2. 6. We must acknowledge the complaint within three working days of receipt at stage 2 i.e. by day three. 7. We should respond in full to the complaint by day 20, at the latest. We have 20 working days to investigate the complaint, regardless of any time taken to consider it at the frontline response stage. 8. Exceptionally, we may need longer than the 20 working day limit for a full response. If so, we will explain the reasons to the customer, and update them (and any staff involved) at least once every 20 working days. Frequently asked questions What happens if an extension is granted at stage 1, but then the complaint is escalated? 9. The extension at stage 1 does not affect the timeframes at stage 2. The stage 2 timeframes apply from the day the complaint was escalated (we have 20 working days from this date, unless an extension is granted). What happens if we cannot meet an extended timeframe? 10. If we cannot meet the extended timeframe at stage 1, the complaint should be escalated to stage 2. The maximum timeframe allowed for a stage 1 response is ten working days.
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The Model Complaints Handling Procedure for the Scottish Government, Scottish Parliament and Associated Public Authorities Page 18 of 20 11. If we cannot meet the extended timeframe at stage 2, a further extension may be approved by an appropriate manager if there are clear reasons for this. This should only occur in exceptional circumstances (the orginal extension should allow sufficient time to realistically investigate and respond to the complaint). Where a further extension is agreed, we should explain the situation to the customer and give them a revised timeframe for completion. We must update the customer and any staff involved in the investigation at least once every 20 working days. What happens when a customer asks for stage 2 consideration a long time after receiving a frontline response? 12. Unless exceptional circumstances exist, customers should bring a stage 2 complaint within six months of learning about the problem, or within two months of receiving the stage 1 response (whichever is latest). See Part 2: Time limits for making a complaint.
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The Model Complaints Handling Procedure for the Scottish Government, Scottish Parliament and Associated Public Authorities Page 19 of 20 Appendix 2 – The complaint handling process (flowchart for staff) A customer may complain verbally or in writing, including face-to-face, by phone, letter or email. Your first consideration is whether the complaint should be dealt with at stage 1 (frontline response) or stage 2 (investigation). Stage 1: Frontline response Always try to respond quickly, wherever we can Stage 2: Investigation Investigate where: The customer is dissatisfied with the frontline response or refuses to engage with attempts to handle the complaint at stage 1 It is clear that the complaint requires investigation from the outset Record the complaint and notify any staff complained about Record the complaint and notify any staff complained about Acknowledge the complaint within three working days Contact the complainant to agree: Points of complaint Outcome sought Manage expectations (where required) (these can be confirmed in the acknowledgement where the complaint is straightforward) Respond to the complaint within five working days unless there are exceptional circumstances Respond to the complaint as soon as possible, but within 20 working days unless there is a clear reason for extending the timescale Is the customer satisfied? You must always tell the customer how to escalate to stage 2 Communicate the decision, normally in writing Signpost the customer to SPSO and advise of time limits (Yes) Record outcome and learning, and close complaint. (No) -> to stage 2 Record outcome and learning, and close complaint Follow up on agreed actions flowing from the complaint
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The Model Complaints Handling Procedure for the Scottish Government, Scottish Parliament and Associated Public Authorities Page 20 of 20 Share any learning points