View Safeguarding Procedures View Safeguarding Procedures

1.5.1 Complaints

SCOPE OF THIS CHAPTER

This is the procedure for dealing with complaints made about Leeds children’s services at the service delivery level. This guidance is for representations, including complaints, made by children and young people.  It also applies to parents, foster carers and other adults making a complaint.  Throughout the guidance the term complainant is used when referring to an adult, child or young person making a complaint about services to a child. 

This is a new chapter for December 2011.


Contents

  1. Introduction
  2. What May be Complained About
  3. Dealing with a Complaint
  4. Dealing with Conflict
  5. What To Do if the Problem Cannot be Resolved


1. Introduction

Leeds City Council aims to provide excellent services to its customers, but no organisation is perfect which means that complaints are an unfortunate but inevitable consequence where a service to customers is being provided. This means that we should always be prepared for them and wherever possible deal with them quickly and efficiently. Complaints can be distressing, time consuming, damage our reputation and be costly.

Staff that work with customers at the service delivery level are in a very demanding and challenging position. However, their skill and experience means that they are ideally placed to deal with complaints effectively. This is why it is always best to seek a resolution to a complaint at a service delivery level rather than going straight to stage one. The following information is a guide to help deal with complaints at the service delivery level.


2. What May be Complained About?

  • An unwelcome or disputed decision;
  • Concern about the quality or appropriateness of a service;
  • Delay in decision making or provision of services;
  • Delivery or non-delivery of services including complaints procedures;
  • Quantity, frequency, change or cost of a service;
  • Attitude or behaviour of staff;
  • Application of eligibility and assessment criteria;
  • The impact on a child or young person of the application of a local authority policy;
  • Assessment, care management and review;
  • Discrimination/inequality.

Who can Complain?

  • Customers (past, current or potential) e.g. children leaving care, potential adopters, parents of looked after children, relatives etc;
  • Someone acting on behalf of a customer. e.g. solicitors, advocates, friends, councillors, MP’s etc;
  • Foster carers, special guardians etc (when related to a child’s welfare).


3. Dealing with a Complaint

If someone says they are unhappy with a service these eight steps can help the process.

Ownership 

Take ownership of the complaint and deal with it. Complaints can be very difficult to deal with and time consuming, so it is understandable that we may to tempted to pass them on to someone else to deal with.  Remember, the complainant has chosen to come to you for an answer, so to pass them on to another person can give the impression that we don’t care about them or their complaint.  Even if we are busy or we are not the right person to deal with the complaint, we can let them know that we will deal with it or that we shall find out who can and will deal with it.

Believe 

Believing the complaint is important when dealing with it. This does not mean literally saying, “I believe you” as at this stage you do not know whether the complainant’s view about their situation is correct or not; moreover it is a case of making the complainant feel that the information they are giving is being accepted as an accurate account of what they have experienced.  The complainant will, in their opinion, have a valid reason for raising their concerns, so it is important that we are genuine with them and if they are upset we must respect their feelings but it is important to remain impartial throughout the process. 

Listen

Take time to listen to their complaint. Natural instinct or unwillingness to accept that our service may be at fault, can make us resist listening to complaints. It is common that when we hear a complaint, we may either begin working out how we will respond, or will not accept the complaint has happened, before we have listened fully. The customer must see and feel that you are listening, so using active listening skills is essential. If the complainant’s first language is not English, you may need to access the appropriate translation services.

Clarify

It is essential to have accurate information and that you confirm your understanding of the complaint with the complainant. This helps us to be able to deal with the complaint in the right way but also demonstrates to the complainant that we have been listening and have heard what they have told us.  It also provides us with an accurate record of the complaint and what we did with it.  Again using active listening skills helps us to be confident to deal with the complaint.

Detach

Occasionally complainants can be emotional, upset, rude, angry, offensive etc. The complaint may be about Leeds City Council, your department or service or colleagues, but your impartiality must remain constant and you should not criticise whatever or whomever they are complaining about.  It is important to be detached from the complaint (remember, the complaint is not about you). However, it is important to avoid appearing unconcerned. Remain calm, balanced and be patient, and do not excuse or justify at this stage (remember, you still do not know whether the complainant’s view about their situation is correct or not). Use the appropriate skills for dealing with conflict, see Section 4, Dealing with Conflict.

Apologise

A sincere apology can diffuse a difficult situation and any frustration that the customer has. We already understand that the complainant has a valid reason for raising their concerns, and will be expecting an apology.  We can legitimately apologise about their negative experience without accepting blame or implying guilt.  However, skill must be used to prevent the complainant inferring blame or guilt.

For example:

“I am sorry that you are unhappy with the service you have received…”
“We treat all complaints seriously, and I can hear that you are upset and concerned and I am  sorry about that…”
“I am sorry for the delay in the service you requested, and will look into this right away…”

Satisfy

Make it right. At this stage we are the judges of what is appropriate but it is important to allow the complainant to feel empowered about their concerns. Find out from the complainant what solution they want specifically, taking into account the parameters that you have to work with. The solution must be:

  • Specific;
  • Fair;
  • Legal;
  • Achievable;
  • Realistic;
  • Prompt; and 
  • Recordable. 

Thank and Value

At some point in the process, take the time to thank the customer for their complaint. By doing this we demonstrate a number of points:

  • It shows them that we value the feedback they are giving;
  • It demonstrates that we care about our service as their impressions of us are an advertisement to their family, friends, colleagues and associates; 
  • It reduces negative publicity and can help build a positive reputation;
  • It shows that we use complaints as an opportunity to resolve and improve any faults or failings in our service; and
  • It shows we learn from mistakes and want to prevent them happening in the future.


4. Dealing with Conflict 

It is worth reminding ourselves that conflict is a common factor when dealing with complaints and it can become a problem when individuals do not have specific conflict-resolution skills. Without these essential skills, communication can break down and blaming rather than owning responsibility for behaviour occurs. The following skills need to be understood and used if peaceful conflict resolution is to take place:

  • Listening skills;
  • Empathy - the ability to see issues from someone else’s point of view;
  • Self-calming techniques;
  • Clear and planned patterns of thinking rather than emotional outbursts;
  • Assertiveness; and
  • Knowing how to reach a resolution.

There are several factors that can increase conflict:

  • Shouting, swearing;
  • Name calling;
  • Accusing;
  • Interrupting;
  • Not listening;
  • Talking over; and
  • Making unreasonable demands.

In contrast, the following factors can reduce conflict:

  • Listen first; talk second;
  • Active listening;
  • Understanding the other’s point of view, build mutual respect and be courteous;
  • Calm voice with calm non-verbal and body language;
  • Not invading personal space;
  • Finding some common ground;
  • Admitting you are wrong (if you are) with a genuine apology;
  • Keep people and problems separate; and
  • Pay attention to the interests that are being presented.

The following five steps can help reach a satisfactory resolution when dealing with conflict.

Step One: Set the Scene

Make sure that both you and the complainant understand that the conflict may be a mutual problem, best resolved through discussion and negotiation. If you are involved in the conflict, emphasise the fact that you are presenting your perception of the problem and use active listening skills to ensure you hear and understand others’ positions and perceptions.

  • Restate;
  • Paraphrase;
  • Summarise;
  • Use the adult, assertive approach rather than a submissive or aggressive style.

Step Two: Gather Information

Here you are trying to get to the underlying interests, needs, and concerns.  Ask for the complainant’s point of view and confirm that you respect their opinion and that their cooperation is needed to solve the problem.

If possible, try to understand their motivations and goals, and see how your actions may be affecting these.

  • Listen with empathy and see the conflict from the complainants point of view;
  • Identify issues clearly and concisely;
  • Use "I" statements;
  • Remain flexible;
  • Clarify their feelings.

Step Three: Agree the Complaint/Conflict

Different underlying needs, interests and goals can cause both parties to perceive problems very differently. Agree the problems that you are trying to solve before finding a mutually acceptable solution.

Sometimes different people will see different but interlocking problems – if you can't reach a common perception of the problem, then at the very least, you need to understand what the complainant sees as the problem.

Step Four: Explore Possible Resolutions

By allowing the complainant to have fair and realistic input in generating resolutions, they are much more likely to feel satisfied with it.  They may come up with a resolution that you had not considered before.

Step Five: Negotiate a Resolution

By this stage, the conflict may well be resolved, both parties may have a better understanding of each other’s point of view  the position of the other, and a mutually satisfactory solution may be clear to all.

Alternatively, real differences between both parties may have been identified. In this situation a ‘win-win’ negotiation can be useful to find a solution that, to some extent, satisfies everyone.

Three guiding principles to remember are:

  • Be calm;
  • Be patient;
  • Have respect.


5. What to Do if the Problem Cannot be Resolved 

If you are unable to resolve a complaint, then the complainant has the option of taking their complaint through the complaints procedure. The following is a summary of what we should go through with the complainant prior to submitting their complaint at stage one:

  • Inform the complainant what happens next. Offer them the appropriate complaints leaflet and explain it to them. Help (if appropriate) service users to make a complaint (e.g. filling in a complaint form –particularly when someone is not able to write, or if English is their Second Language (ESL);
  • If the complainant speaks another language that you don't; make every effort to get their name, address, telephone number and the language they speak. Pass this information to the complaints support service and they will make the necessary arrangements;
  • In recording a complaint, ask the complainant what outcome they are seeking. This may not always be possible to achieve but it helps to clarify the nature of the complaint;
  • The complainant has the option of sending the complaint to the complaints support service, the first line manager of the particular team or service or Service Delivery Manager (SDM);
  • The complaint should be sent to the complaints support service who will determine who needs to deal with it.

End