Complaints

The procedures are based on two key principles:

• Everyone who makes a complaint about social services in Wales has a right to be listened to properly. Their best interests must be safeguarded and promoted; their views, wishes and feelings must be heard; and their concerns should be resolved quickly and effectively.  
  
• Complaints can highlight where services need changing. So good local authorities will want to learn from these concerns to improve services for everyone who uses them.  

The new procedures apply to any social service provided by a council – and any service that a council is paying for. There are three stages:

Stage 1 – local resolution

The complainant raises concerns with the person running the services locally.  They must try to resolve matters within 10 working days. The complainant - but not the council - can extend this by a further 10 days.  

Stage 2 – formal consideration

The complainant has a right to ask the authority for formal consideration of the complaint at any time. This is usually an investigation by someone not involved with the local service - but it could take some other form such as mediation. A report with findings, conclusions and recommendations must be produced. The authority must respond to the complainant within 25 working days of the request to move to this stage. This can be extended only where provided for in the regulations.

Stage 3 – the independent panel

The complainant has a right to have an unresolved complaint considered by a panel hearing. They have the same right if the council has not responded after three months. Both the panel membership and the administrative arrangements will be completely independent of the council. The panel must meet within 20 working days and make its report available within 5 working days. The council must respond within 15 working days.

Complainants may also take their complaint to the Public Services Ombudsman for Wales (external link)

However, unless there are particular circumstances the Ombudsman will not normally look into a complaint about Social Services until the complainant has been through Stage 1 and Stage 2. If the complainant remains dissatisfied after Stage 2 the Ombudsman will be prepared to consider the complaint. Complainants, therefore, have the right to go to the Ombudsman if they are dissatisfied with the way in which their complaint is being handled.

On completion of Stage 2 of the statutory procedure, complainants have the option of taking their complaint to Stage 3: the Independent Panel (with the right to go to the Ombudsman thereafter) or of taking their complaint direct to the Ombudsman.

If you want to make a complaint about any social service, you should talk to the person who runs the service. Or, if you prefer, you should contact the social services complaints officer for the council that provides the service or purchases it for you.  

Stage 3 Panel Members

Panel members are appointed y the Deputy Minister for Children and Social Services in line with the Nolan principles. They are independent of the local authority. Their conduct is governed by a Code of Conduct.

Raising a Concern or Complaint about a Panel Member

Complaints about the conduct of a panel and panel members will be handled in line with the Welsh Government’s complaint policy.

The Welsh Government’s customer complaints policy sets out what to do if you are dissatisfied with a service provided by the Welsh Government and you want to make a complaint.

We are committed to dealing effectively with any complaints you may have about stage 3 panels and their members.