Agenda item

Briefing Note of the Director of Human Resources

The Committee considered a Briefing Note of the Director of Human Resources which:-

·  Provided an oversight of published complaint reports and outcomes for 2023-24

·  Outlined the additional reporting and oversight requirements arising from the new Local Government and Social care Ombudsman (LGSCO) Complaint Handling Code (the Code)

·  Provided information relating to the complaints system and how recommendations arising from complaints that have been investigated have been progressed.

The Briefing Note indicated that the Council is expected to address complaints in accordance with the relevant statutory complaints processes (The Children Act 1989 Representations Procedure (England) Regulations 2006 or Local Authority Social Services and National Health Service Complaints (England) Regulations 2009) and / or the advice and guidance issued by the LGSCO under their powers under section 23(12A) of the 1974 Local Government Act. 

Statute requires preparation of an annual report on the operation of the complaints process and the lessons learnt or service improvements arising from them for both Children’s Services and Adult Social Care complaints. These are required to be publicly available, and are published on the Comments, Compliments and Complaints area of the Council’s website.

In addition, the LGCSO issues an Annual Review letter each July in respect of those complaints (both statutory and non-statutory) which have exhausted the Council’s complaints process and been escalated to, investigated and decided by the Ombudsman. A report similar to those noted above is prepared following receipt of the LGSCO’s letter.

The following three reports were appended to the Briefing Note:-

·  Children’s Services Complaints and Representations Annual Report 2023-24

·  Adult Social Services Complaints and Representations Annual Report 2023-24

·  Complaints to the LGSCO Annual Report 2023-24

The Briefing Note indicated that in February 2024, the LGSCO issued their new ‘Complaint Handing Code’ (‘the Code’) setting out their expectations for complaint handling by local Councils, together with new overview and scrutiny guidance. Councils are encouraged to adopt the Code as soon as practicable, with the LGSCO considering adherence to the Code as part of their complaint investigations from April 2026 onwards. Under the Code it is expected that all Councils will now produce an overall annual complaints performance and service improvement report for scrutiny and challenge. This is to be reported through the appropriate governance arrangements and published on the complaints section of the Council website, alongside the response to the report from the relevant governance arrangement.

In addition to this the Code stipulates that Council’s should assign lead responsibility for complaints in governance arrangements in order to “support a positive complaint handling culture”. The Code refers to this role as the “Member Responsible for Complaints”, and that it is for each Council to decide whether the role is carried out by an individual or committee depending on the governance arrangements in place. The Briefing Note indicated that, given that Scrutiny Co-ordination Committee already review the existing annual complaints reports, it would appear appropriate that they are designated to review and respond to the Council’s overall annual complaints performance and service improvement report moving forward.

The Committee asked questions, received answers and made comments on a number of issues including:-

·  Comparative information in relation to children’s services and service improvement trends was sought.

·  Information regarding complaints received that relate to agencies/ service providers (rather than internal Council services). It was noted that this would be circulated to the Committee.

·  Difficulties in relation to attaining equality and diversity data was recognised. It was noted that work was being undertaken in this regard. It was acknowledged that this information was important in relation to ensuring service improvement.

·  The proactive work being undertaken to resolve “issues” at first point of contact and deal with them as service requests, before they become formal complaints, was recognised and welcomed.

·  The importance of ensuring that lessons are learnt was noted.

·  Information relating to the ratio of telephone/on-line complaints received was sought and it was noted that this would be circulated to the Committee.

·  The low number of complaints received in relation to Adult Services was commended.

·  The quality of the Briefing Note and information provided at the meeting was commended.

·  Officers were invited to review how the West Midlands Fire Service present complaints info/data.

RESOLVED that the Scrutiny Co-ordination Committee:-

1)  Notes the contents of the Children’s Services, Adult Social Care and LGSCO Complaints reports for 2023-24.

2)  Notes that the Scrutiny Co-ordination are assigned lead responsibility for complaints within the Council’s governance arrangements to support a positive complaints handling culture, in accordance with the new Local Government and Social Care Ombudsman Complaint Handling Code.

3)  Requests that in future, when the Committee consider this issue, appropriate officers from service areas be invited to attend the meeting.