The Complaints Procedure
As we revealed last week, we have now submitted a detailed formal complaint to Chelmsford City Council (read it here). The council have to follow their complaints procedure (here), and respond in the specified timeframe:
Stage I
Acknowledgement within three working days.
Written response within ten working days
Option (if unhappy with the response) to ask for a review (stage II)
Stage ii
Acknowledgement within three working days.
Written response within twenty working days
Option (if unhappy with the response) to refer to the Local Government Ombudsman.
Of course, we don’t hold out much hope in a complaints process at a council where it is likely to land on the desk of the very people controlling this issue, but it is a process we have to follow and a road we have to go down, in order to get to where we need to go, the Local Government Ombudsman (and if necessary Judicial Review).
The LOcal Government Ombudsman
The Local Government and Social Care Ombudsman is an independent service that investigates complaints from the public about councils and some other bodies providing public services in England. It is the last stage of the complaints process, for people who have given the council or provider opportunity to resolve the issue first. It can take 3-4 months to reach a formal decision.
If a complainant is not satisfied with the outcome of a complaint against a local council or care provider he or she can submit a complaint to the LGO. They can also ask an advocate (including a councillor or MP) to do so on their behalf. The LGO will decide whether or not to investigate.
Before coming to a final decision on an investigation, the LGO presents both parties with a provisional finding that they can comment on, which will be considered before a final decision is made. Decisions are published on the LGO website six weeks after the date of completion.
If the LGO finds the body investigated acted with fault, which caused the person an injustice, it will recommend a remedy to put things right. The LGO remedies are aimed at putting the person back in the position they would have been were it not for the fault.
Where appropriate it also recommends action to avoid similar issues affecting other people – such as reviewing practice and procedure – and can recommend remedies for other persons affected by faults found in an individual complaint. It can also impose financial penalties.
Given the wealth of evidence that we have obtained, we are confident that the LGO will find in our favour, and look forward to reaching this stage.
Judicial review
Judicial review is a type of high court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.
In other words, judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached.
It is not really concerned with the conclusions of that process and whether those were ‘right’, as long as the right procedures have been followed. The court will not substitute what it thinks is the ‘correct’ decision.
Previously Judical Reviews have been horribly expensive , but no win no fee agreements are available for some cases. Protective Costs Orders (PCOs) can also be used to protect you from having to pay the defendant's costs if you are unsuccessful. These are available when the court judges it to be in the public interest for a decision to be challenged at judicial review.
KBO