Stages of the Complaints Procedure

Our complaints and representations procedure is based on a three-stage process. The following is a summary of the process which is detailed in our complaints and representations policy and procedure.

• Stage 1 (Local resolution)
  
  This stage seeks the resolution of problems by the staff immediately concerned in service delivery. The time limit for making a response at this stage is 10 working days though the regulations make provision for an extension of up to a further 10 working days.

• Stage 2 (Investigation and adjudication)
  
  Where a complaint has not been resolved under local resolution, this stage provides for the complaint to be investigated and the report of the investigating officer adjudicated by an Assistant Director. The complainant should request an investigation within 20 working days of the date of the Stage 1 response.
  
  The time limit for making a response at this stage is 25 working days though the regulations make provision for an extension of up to a further 40 working days.
  
  At the conclusion of Stage 2, the regulations allow for the early referral to the Ombudsman. This may occur where a wholly reasonable and appropriate consideration of the compliant has been undertaken and further consideration by a Review Panel would not produce a decidedly different outcome. If the possibility of early referral is being considered the complaints manager will discuss this option with the complainant.

• Stage 3 (Review Panel)
  
  This stage provides for the independent review of the outcome at stage 2. The complainant has up to 20 working days after the receipt of the Stage 2 adjudication to request a Review Panel.
  
  The Review Panel comprises of three people who are independent of Torbay Council. The Panel will make recommendations which will be considered by the Strategic Director for Children who will notify the complainant in writing what action, if any, will be taken.
  
  At this stage the time limit for organising the Review Panel hearing is 30 working days. Following the hearing the Panel has 5 working days in which to issue its findings to the Strategic Director for Children who has 15 working days to respond to the findings.
  
  For complaints that reach the end of Stage 3, we will make every effort to complete consideration of the complaint within nine months.

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