Corporate complaints and compliments policy
Section 5 - What is excluded by the procedure?
42. The council will always accept a complaint unless there is a valid reason for the council not to do so. This includes those:
a) Initial requests for a service, for example, the first time you contact us to report a faulty streetlight, missed bin collection or a repair etc.
b) Complaints regarding employment matters raised by members of staff are addressed under the relevant Human Resources policies.
c) Claims about damages or compensation should be dealt with as a potential insurance claim. While the outcome of any insurance claim will be dealt with separately under the insures processes, we will investigate and respond to any complaint relating to our actions, decisions, communication, or delays under this complaints policy.
d) Reports of anti-social behaviour are treated as service requests and will not be accepted as complaints. However, where a resident expresses dissatisfaction with the council's handling of an anti-social behaviour case, this will be accepted and managed in line with the Corporate Complaints and Compliments Procedure.
e) Complaints where the complaint has already been fully investigated through the Council's Corporate Complaints and Compliments Policy or have already been investigated by the Local Government and Social Care Ombudsman or Housing Ombudsman.
f) Where there are existing appeals procedures or legal resolution in place for decisions for example, decisions on planning applications, school admissions, parking charge notices, applications for housing benefits and homelessness applications etc.
g) The specific matter complained of has been subject to an appeal or is currently subject of an appeal.
h) Legal action has already commenced. This is defined as details of the claim, such as the Claim Form and Particulars of Claim, having been filed at court.
i) If the complaint relates to personnel matters, including recruitment, pay, grievances, removals, discipline and pensions.
j)Complaints regarding data protection matters will be dealt with under the Data Protection Complaints Procedure. Where a customer is dissatisfied with the outcome of a Freedom of Information request or a Subject Access request, there is a process of internal review and escalation to the Information Commissioner's Office.
k) A Complaint made more than twelve months after the issue arose, or more than 12 months after you became aware of the issue. The council has discretion to deal with complaints after this time, for example if there are good reasons why a complaint was not made within 12 months.
43. If the council does not accept a complaint, you will be provided with reasoning and evidence of this, including an explanation why it is not suitable for the complaints process. You will also be informed of your right to refer the matter to the Local Government and Social Care Ombudsman or the Housing Ombudsman.
Adult and Children's Social Care
44. Statutory complaints regarding Adult and Children's Social Care Services have separate legal requirements and have separate policies and procedures in place to deal with these complaints, and do not fall under the Council's Corporate Complaints and Compliments Policy.
45. To make a Complaint about these services please refer to the complaints page on the Council's website or use any of the contact details in paragraph 28. Tell us your views - Gateshead Council
46. If you have Safeguarding concerns in relation to a vulnerable child or adult you should contact the appropriate service using the appropriate links on our website or telephone the service. Care and health - Gateshead Council
Public Health
47. Complaints about the council's Public Health functions are governed by a separate policy. A copy of the policy can be found here: Public Health complaints policy - Gateshead Council or you can ask at any Council maintained centre for a copy.
Complaints about Councillors
48. Complaints regarding Councillor Conduct are dealt with by the Council's Chief Legal Officer.
49. To make a Complaint please refer to the following page on the Council's website: Councillors' Code of Conduct - Gateshead Council