Source · SPSO (Scottish Public Services Ombudsman)

Scottish Borders Council

SPSO (Scottish Public Services Ombudsman) Partly Upheld Reference 201200643 Sector Local Government Category policy/administration Decided 01 March 2013

View Scottish Sports Council scorecard

Full decision

Summary

Mrs C was unhappy with the way in which the council dealt with her complaint. She said it was confusing; her complaint was not clarified; she was not offered a three stage process to which she said she was entitled; and her allegations about missing documentation were not acted upon.

In investigating her complaint, we carefully considered all of the information provided by Mrs C and by the council. A review of the documentation showed that although some of Mrs C's complaints were dealt with under the council's social work complaints procedure, it had been inappropriate to do so as she was not a user of social work services. After that, although she was correctly told that other complaints could not be dealt with under this procedure, she was not advised of the council's standard complaints procedure nor was she signposted to us in the event that she was unhappy with the outcome of her complaint. We noted that the reason that she expected to be able to use a three stage procedure was because some of her complaints had incorrectly been put through the (three stage) social work complaint procedure. Our investigation went on to find that the terms of Mrs C's complaint were confirmed with her; that the council were unable to disclose all the available information to her in accordance with the Data Protection Act and that the offer of a meeting that had been made still stood. Therefore, while we upheld Mrs C's complaint about lack of proper advice about the complaints procedure, we did not uphold her other complaints.

Recommendations

We recommended that the council: apologise to Ms C for failing to provide adequate information about the complaints procedure; and ensure that all staff who deal with the public are fully apprised of how their complaints procedures work in order that they can give appropriate advice.

Related reading

View Decision Report 201200643 as a PDF (12.87 KB) Updated: March 13, 2018

View original on SPSO (Scottish Publ… website

Other decisions involving Scottish Borders Council

Reference Date Summary Outcome
202206940 01 Sep 2024 C complained that the council unreasonably failed to investigate and respond appropriately to incidents of bullying behaviour towards their child … Upheld
202002441 01 May 2023 C cares for their spouse (A) who has Alzheimer's disease. C complained about the council's social work department, after they … Not Upheld
202003481 01 Oct 2022 C complained that social work failed to reasonably assess A’s needs following a hospital admission, in relation to whether they … Partly Upheld
201902069 01 Aug 2021 C complained about the council's social work involvement with their child (A). A had a range of conditions that affected … Upheld
201901597 01 Jun 2021 C complained that the council failed to provide kinship care allowance after they had moved into the area from England, … Not Upheld
View all decisions for this organisation