Agenda item

4.1 The Complaints and Member Enquiries Annual Report is a standing item within the Scrutiny Panel work programme so that members (and scrutiny Commissions) have oversight of the trends and patterns in the Councils’ complaints and Member Enquiry processes.  The 2021/22 report was submitted for review by the Panel.

Questions from members of the Panel

4.2 In 3.2 of the report, it was noted that the volume of complaints to the council had reached unprecedented levels which was undoubtedly causing additional stress and pressures within services.  What additional support was being provided to help services reduce the volume of complaints?

·  It was acknowledged that there had been a significant rise in the number of complaints and member enquiries.  It was recognised that this had caused increased pressures on services, but staff were processing complaints efficiently and making sure responses were provided to residents.  Although there had been a significant increase, the actual number of complaints where the Council had adjudged to be at fault by the respective Ombudsman was relatively small. The volume of complaints had of course impacted on response times which were up by between 5-10 days depending on the nature of the complaint.

4.3 Do officers see a distinction between members' enquiries and complaints, and how are overlaps in the system identified? Do officers also seek learning from members' enquiries and is information about response times available?

·  There was a distinction between complaints and member enquiry processes in that whilst the former had defined two stage process, the latter was less formal.  Officers were always alert to any overlap between the two processes, and when it was in the best interest of the resident, member enquiries were considered within the complaints process.  Similarly, in some instances, officers are also mindful that the same issue might be raised within both processes at the same time and would want to avoid any duplication.

4.4 Whilst it is positive that there is a process in which learning is derived from the complaints process, should residents need to complain to see service improvements?

·  The complaints process is just one source of intelligence and feedback which the council can use to develop more effective services.  In many cases it is intelligence from the complaints process which gives the earliest indication that there may be problems with a service, and help to specifically identify where improvement might be needed.

4.5 Given that both leaks and lifts continue to generate many complaints from local residents, do you think the complaints process is capable of delivering systemic change?  Are there other processes aside from the complaints process which can deliver improved outcomes for residents?

·  The way that services strategically respond to complaints does vary and whilst some may have a developed process of reflection and change in their complaints handling, others may be more reactive. There were also a range of performance measures which help to maintain oversight of services and help to direct service improvement.  There was also borough wide and service specific engagement with local residents to assess how services were being delivered which also contributed to the cycle of development and improvement.  It was acknowledged however, that the issues of leaks and lifts were long standing issues, and the Director of that service would be best placed to update the Panel on plans to improve these parts of the housing service.

4.6 To what extent does the feedback from the complaints process feed into a broader capital works programme? For example, can widespread complaints about leaks in a certain estate inform plans for capital works for that estate, rather than this just being seen on a case level basis? 

·  Ascertaining whether planned works are to take place is a routine question that complaints managers ask of services as part of their response to the complainant.  There were examples of where works had been brought forward to resolve broader issues within a certain block or estate.

4.7 The Panel questioned how complex complaints are resolved which may have many component parts, as residents often note that a complaint gets marked as completed yet aspects of the case remain outstanding? Is this reflected in the data in the report? Is this something that might be looked at further?

·  Officers responded that all stage 1 complaints receive a written response and that they have a right to escalate to a stage 2 if they are not satisfied.  Stage 2 would involve an independent assessment of the case through the complaints team.  It was also noted that residents can ask complaints officers to re-look at a case at any time.  Residents were also advised that a case is being closed down prior to this being actioned to ensure that they are in agreement.  It was noted that this was not always be possible however, especially if there is an extensive programme of works required for some repairs (as this can go on to 6 months).  In this case, there would be an expectation that the Housing Service would retain oversight of the complaint until resolution.

4.8 Is there a staffing issue in the complaints team? Have staffing levels changed at all over the last 10 years?

·  It is difficult to comment on the staff support for complaints handling across respective services as resourcing and structures varied across the council.  It was noted that staff numbers have declined in the central complaints team, but this has not been to the detriment of service levels in handling Stage 2 or Ombudsman complaints.  A casework review was however in progress to see how casework might be improved, particularly members enquiries.  It was noted that the ‘one size fits all’ approach which was currently in operation, was not sensitive to the different types of enquiries from members (e.g. information requests, complaints) which often required different outcomes (e.g. complaints handling, case conference, site visit).  A date will be agreed shortly for this to take place.

4.9 Can any explanation be offered on why the number of Mayor can Cabinet caseworks cases has declined?  Has there been a process change which means that they are being addressed elsewhere?

·  During the pandemic, the numbers of casework enquiries referred to the Mayor increased significantly.  As the pandemic receded however, so did the number of enquiries addressed to the Mayor.

4.10 How does Hackney compare to other boroughs in terms of the number of complaints and member enquiries, and other related issues such as the total of compensation paid out to residents?  Is there any data on the amount the council has had to pay in respect of legal pay-outs where the case has gone to court?

·  It was difficult to compare member enquiry data with other authorities as each system was unique to that authority; whilst some authorities had very centralised systems, others relied on direct contacts to officers. In comparison, the complaints and member enquiry figures are not dissimilar from other authorities.

·  In relation to payments to residents or sanctions imposed by the Ombudsman, again, data for Hackney was not dissimilar from other authorities. Those authorities for which the Ombudsman has concerns over their performance are placed on a watch list or are subject to a formal visit.  Hackney was neither on a watch list or had been visited by either Local Government or Housing ombudsman.

·  Data on payments by the Council to residents through legal challenge is not recorded in the report as this was outside of the complaints system. 

4.11 It has been noted that a handful of members were responsible for a significant proportion of the total number member enquiries received.  Are these and other members using the member enquiry process correctly? 

·  The number of member enquiries is also linked to the election cycle, with enquiries peaking ahead of an election.  This was reflected in the figures for 2021/22 where a significant year on year increase was recorded ahead of the May 2022 local elections.  There was a wide range of usage of the member enquiry process by different members with some using this very little and others using this significantly more.  It was important to note that a significant number of member enquiries were related to the benefits system (housing benefit, council tax) which recorded a 6 fold increase in member enquiries which were mostly related to delays in dealing with the backlogs resulting from the cyber-attack.

4.12 The Cabinet member for Cabinet member for finance, insourcing and customer service noted that there was training available on the member enquiry process.  As take up this training among members varied, there would be some merit in encouraging more members to engage with training to ensure that there was more effective use of all the casework systems.  The cabinet member assured the panel that reform of casework systems was a priority for the council but this was not something that could be imposed from the centre and that members and staff would need to be consulted ahead of any changes given the council wide impact of any such change.

4.13 The Chair thanked officers for preparing the report on complaints and member enquiries.  The Chair also noted the following:

·  That in the future it would be helpful to tie in complaints to a systemic process of service improvement, particularly where there are high volumes of complaints (e.g. housing repairs);

·  It was important that complaints for education and private sector housing are also included within the report as these are of growing concern and importance to a larger number of residents.