Council Response 14th March 2016 Redact

14th March 2016
PRIVATE AND CONFIDENTIAL

Mr
Grimsby
North East Lincolnshire
DN32
Dear Mr ,
I refer to the letter dated 03 February 2016 in which it was confirmed that your complaint had
been escalated to the final stage of the Council's complaints procedure. The issues you have
raised have been investigated which has included a review of the stage 1 response. This
investigation has been undertaken independently of the officers that have previously handled
your complaint.
The enclosed investigating officer's report details the findings of this investigation which I
consider has been correctly and fairly carried out in accordance with the Council's Feedback
Policy. Please accept our apologies for the element of your complaint which was found to be
upheld.
If you are not satisfied with this response and the outcome of your complaint, you have the right
to take the matter to the Local Government Ombudsman, whose contact details are as follows:
LGO Advice Team

The Local Government Ombudsman
PO Box 4771
Coventry CV40EH
Tel: 0845 602 1983
Fax: 024 7682 0001
I would like to thank you for bringing these issues to the Council's attention. This has been, of
necessity, a formal response driven by our Feedback Policy and procedures, designed to
ensure full, fair and impartial examination of concerns which arise. I am personally always very
keen to see how we can improve our services and learning from complaints is one way of
achieving this. Although you may not be happy about all aspects of my conclusions, I am
hoping you will accept that this matter has had proper consideration.
Municipal Offices, Town Hall Square, Grimsby, North East Lincolnshire. DN31 1HU
Telephone (01472) 324700 email: rob.walsh@nelincs.gov.uk
North East Lincolnshire Council
Stage 2 Corporate Complaint Investigation
PRIVATE AND CONFIDENTIAL
Assistant Director: Sally Jack (Assistant Director – Joint Delivery)

Service Area: Council Tax
Investigating Officer: Susan Harrison (Customer Management Service Manager)
Complaint Reference: NEL/1172/1516
Final decision of Investigating Officer:
The complaint is partially upheld with respect to the delays in receiving a response to correspondence.
Summary of complaint:
Mr ’s formal complaint dated 26th January 2016 is summarised below:
1. The Council’s 6 week delay in responding to his correspondence dated 10th November 2015
2. The Council asserts that the concerns raised about the Liability Order falls outside the scope of
the complaints process
How the complaint was considered:
Susan Harrison, Investigating Officer, considered the complaint by conducting:
A full review of the documents provided in relation to all stages of Mr ’s complaint:
• Allocation of Payments letter dated 13th November 2015

• Allocation of Payments cover letter dated 13th November 2015
• Formal complaint letter dated 25th December 2015
th
• Formal complaint Response dated 19 January 2016
th
• Request to escalate to Stage 2 letter dated 26 January 2016
Susan Harrison interviewed:
• Debt Management Manager on Monday, 8th February 2016
• Court Enforcement Manager on Monday, 8th February 2016
• Information Governance and Complaints Officer, Monday, 8th February 2016
The Council's Corporate Feedback Policy V03–2, Section B:3
The Local Government Ombudsman (LGO) Decision Statement, Ref No 15016673 dated 24th February
2016.
It was not considered necessary to meet the complainant as the letters of complaint and background
information provided enough detail to ensure full consideration of the issues.
Findings:
1. The Council’s 6 week delay in responding to his correspondence dated 10th November 2015. Mr N
Smith responded to Mr by letter offering an apology dated 21st December 2015.
Furthermore this was upheld at stage 1 of the complaints process and communicated to Mr
in a formal letter dated 29th January 2016. The Council did fall below its high standards for
responding to correspondence in this matter and for that the Council apologises again.
This complaint remains upheld.
2. The Council asserts that the concerns raised about the Liability Order falls outside the scope of
the complaints process. The Council's Corporate Feedback Policy V03–2, Appendix B:3 states that
"a complaint that is being dealt with or was previously dealt with by legal proceedings” is
outside the scope of the Council's complaints process. As a result of Mr prematurely
lodging a complaint with the LGO prior to the findings of the Council's investigations, the Council
finds the same as the LGO in its Decision Statement, Ref No 15016673 dated 24th February 2016.
“The Ombudsman may not consider matters which are subject to the commencement of court
proceedings, regardless of the outcome”. The Council considers that Mr ’s complaints
have been appropriately dealt with by the LGO and therefore the Council fully agrees with the
Ombudsman’s final decision.
This complaint is not upheld
Details of final recommendations:
This investigation has found that the Council acted in accordance with the Regulations and Guidance at
all times.
The recommendation is that, wherever it is possible, for teams to share deadlines where they are likely
to occur during periods of absence. It is acknowledged, however, that where absence is unexpected this
may not always be met.
Mr has asked that complaints be responded to within prescribed deadlines and the Council will
strive to achieve this, wherever possible. Mr has been given an apology for the delay in
th
responding to his initial communication on 10 November 2015. It should also be highlighted that
although this delay should not have happened it has had no detrimental impact on the complainant.
Mr has asked for his concerns raised in relation to the Liability Order to be considered within the
Council’s complaint process. The Council is in agreement with the LGO that they may not consider
matters which are subject to the commencement of court proceedings, regardless of the outcome.
Investigators decision on behalf of the Chief Executive:
Susan Harrison
Assistant Director:
Sally Jack

Council Response 14th March 2016 Redact

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Council Response 14th March 2016 Redact

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14th March 2016

PRIVATE AND CONFIDENTIAL

LGO Advice Team

Stage 2 Corporate Complaint Investigation

PRIVATE AND CONFIDENTIAL

Assistant Director: Sally Jack (Assistant Director – Joint Delivery)

Final decision of Investigating Officer:

Mr ’s formal complaint dated 26th January 2016 is summarised below:

How the complaint was considered:

Susan Harrison, Investigating Officer, considered the complaint by conducting:

A full review of the documents provided in relation to all stages of Mr ’s complaint:

• Allocation of Payments letter dated 13th November 2015

The Council's Corporate Feedback Policy V03–2, Section B:3

This complaint remains upheld.

This complaint is not upheld

Details of final recommendations:

Investigators decision on behalf of the Chief Executive:

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