How we deal with a complaint
When we get a complaint
All complaints are received through the LGO Advice Team who will then pass them to a specialist adult social care team.
The investigation team will first check that the care provider has had a fair opportunity to deal with the complaint and identify if the injustice suffered by the complainant is great enough for us to continue with an investigation. Before making that decision, we will almost always speak with the person affected or their representative.
During the investigation
If the complaint is pursued, we will write to the care provider setting out the issues and asking for comment. We will also gather information needed to reach a decision. This can be done by written questions and answers, asking for copies of documents and records, inspecting records and documents at the provider’s premises, and telephone or face-to-face interviews. We will also refer to recognised standards, such as essential regulatory requirements or established guidance
All investigations are conducted in private and individuals will not be identified in any published information.
Once we have sufficient information about a complaint we will write to both parties setting out our findings, explaining our initial view with reasons, and inviting comments. All comments received are considered and taken into account before making a final decision.
Final decision
We have the power to include recommendations in a final decision about remedying the injustice and preventing it from occurring again. When we make recommendations the care provider must consider them and tell us what action will be taken in response.
A copy of the final decision and reasons is sent to both parties. Our decisions can only be challenged by applying to the High Court for judicial review.
If the care provider does not respond or we are not satisfied with the response, we can require an ‘Adverse Findings Notice’ to be published.
How long it will take
It depends on the seriousness or complexity of the matter, and how long it takes to gather the information we need.
We will make a decision on a complaint as promptly as we can. The investigator will keep you informed of progress.
Date Updated: 29/09/10