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Complaints and representations procedure, adult social work

17. Compensation

In most cases, compensation will not be offered. If it is evident at the outset of a complaint that you are seeking compensation, consideration will be given whether the matter should be referred to the Council's Risk and Insurance Team. Alternatively, you may be advised to seek independent legal advice.  

A financial remedy will only apply in cases where fault has been found during the investigation, and it is considered that there has been some loss or suffering. Where a complainant has suffered an injustice and/or hardship, resulting in direct financial loss, we will complete an investigation to consider whether a financial remedy is appropriate. In determining this, the council will refer to the LGSCO guidance on remedies, as detailed above.  

The council also has a Corporate Complaints Policy that addresses potential maladministration in place, which aims to offer fair remedy, but not compensation payments comparable to what a court might order. A court would consider detailed evidence in relation to liability, causation and mitigation; considerations which are beyond the scope of the council's policy. We will always be clear and transparent about the reason for any decisions we make, and it will be recorded by the decision maker and included in our response.