Select Committee on Public Administration Fifth Report


2  Access to complaints systems

12. Effective complaints systems will be those that are easy for people to identify, understand and use. The risk is that only those who have the time and confidence to complain will be able to pursue their cases. The Government acknowledged this during our predecessor Committee's inquiry into Choice, Voice and Public Services:

Individual voice mechanisms such as complaints procedures also have their problems. They require energy and commitment to activate; they take a good deal of time to operate; and they create defensiveness and distress among those complained against. They favour the educated and articulate. Users who complain are not necessarily those who have the most to complain about; and adversarial relations between professionals and users, especially tied to a threat of lawsuits as they often are, can lead to expensive and inefficient defensive reactions on behalf of providers.[9]

13. The Ombudsman echoed this, explaining that those who were put off complaining were:

…the ones that worry me, because quite often they are not getting the service they are entitled to, the benefits they are entitled to, the redress they are entitled to.[10]

14. Complaints systems are always likely to be more accessible to the persistent and articulate. This makes it all the more important that complaints systems are clear and easy to navigate, so that they do not act as a barrier to the less articulate or less persistent (particularly disadvantaged groups). In this chapter we now consider possible ways of making existing complaints systems clearer and more accessible.

The terminology of complaints

15. For people unhappy about their treatment by government bodies, the grounds for complaint will be pretty clear. What actually constitutes a 'complaint' is interpreted in different ways by different parts of government, however. It is nearly ten years since the Government produced central guidance about complaints in the 1998 Cabinet Office publication, How to deal with complaints. This provided a sensibly broad definition of the term:

A working definition of a complaint is 'any expression of dissatisfaction that needs a response'. But you should choose the most relevant and least restrictive definition to suit your circumstances. And you should then apply this definition consistently across all your services.

If the person contacting you thinks it is a complaint, then it is, whatever you think. On the other hand, someone may make a comment that highlights a part of your service you could improve, and may not call it a complaint. The important thing is to record it, and take the opportunity to improve your service.

A complaint may be about service delivery or policy…you should be able to tell users who want to complain about policy how to go about it.[11]

16. This definition has not, however, been accepted by all government organisations. The NAO found that only three fifths of departments and agencies had adopted this definition. One in five government departments required the complaint to be formalised, and one in eight had no agreed definition at all.[12] There can be drawbacks to using too concrete a definition of "complaint", as Paul Gray, then Chairman of HM Revenue and Customs explained:

I think the risk is you can spend glorious days drafting these things and you then find you have excluded something…I would not want to do something where somebody had something they wanted us to look at and somehow we defined it out of bounds by saying, 'It is not in our definition'.[13]

17. Yet it is important to have a commonly held definition in order to ensure complaints are effectively and consistently monitored and that systemic issues are identified from them. We recommend that all government organisations use the widest possible definition of complaint—that of "any expression of dissatisfaction that needs a response, however communicated"—and treat all such expressions of dissatisfaction as complaints.

18. The NAO also found that most departments excluded comments received by e-mail or telephone.[14] There are legitimate arguments for this; it can screen out unconsidered responses, and focus on considered grievances. But it presents a significant barrier to complainants, particularly to those who are already most likely to have difficulty in complaining. Insisting on complaints in writing can potentially deter valid complaints and prevent problems from being identified. People should not be disadvantaged if they have difficulty in making a formal written complaint. We trust that the practice of not processing complaints made by telephone or e-mail has already been reviewed by the government organisations concerned in the light of the requirements of the Disability Discrimination Act.

Complaints and appeals

19. One terminological issue that can create problems for people seeking redress from a government body is the distinction between complaints and appeals. According to the NAO:

Complaints concern processes and how issues have been handled. They have traditionally been considered as part of the internal business arrangements of departments and agencies. They are often thought about primarily in terms of customer responsiveness and business effectiveness.

Appeals systems and tribunals concern the accuracy or correctness of substantive departmental or agency decisions. They conventionally form part of the administrative justice sphere. They are often considered primarily in terms of citizens' legal rights, natural justice and a range of related quasi-judicial criteria.[15]

20. This distinction, however, is not always clear cut. As Professor Dunleavy of the London School of Economics (LSE) explained, this can be a source of confusion:

We [the LSE public policy group working for the NAO] did four focus groups and a big large scale national survey in 2003/04 and we could not find anybody amongst the populace at large who really understood the distinction. Most people when they complain are unhappy about a decision and are looking for a second look, looking for someone to check it. Most people when they appeal are doing the same thing.[16]

Likewise, the Ombudsman's recent report on Tax credits: getting it wrong? noted that "there is still some confusion (within the Tax Credits Office as well as on the part of customers) over what is a complaint, a dispute, or an appeal".[17]

21. We agree with Professor Dunleavy that the distinction between complaints and appeals is "not terribly easy to communicate" and that "when it is communicated in separate leaflets, on separate parts of websites and separate processes and systems, citizens find that a bit hard to cope with".[18] We also agree with him that, from a citizen's point of view, the difference between complaints and appeals should not matter to getting a case heard or problem put right.

22. The distinction between an appeal and a complaint is real, but apparently little understood by the public. The requirement must be for government organisations to define their processes clearly and to treat any expression of dissatisfaction in the appropriate way. In some cases, the best course of action may be to combine complaint handling with appeal handling; where that is not possible, the distinction must be made as clear as possible to the user, and those complaining or appealing should be guided through the system.

23. We now turn to consider how this guidance should be provided.

Navigation through the system

24. The distinction between complaints and appeals is by no means the only difficulty faced by a member of the public wondering how to raise a grievance. Public services are delivered by state, private and third sector organisations on a national, regional and local basis. The Government's recent policy review documents outlined a continuing trend towards a "smaller strategic centre" with "a greater diversity of providers".[19] As the state commissions services from a wider array of organisations, it becomes more difficult to understand complaints systems. It can be a challenge simply to discover where first to complain, and who to contact if matters cannot be resolved. As the Ombudsman has reported:

Navigating through the system is not always easy for people who want to complain about a service. There is a plethora of complaints systems across public services and little in the way of consistent standards for handling complaints, even within some departments.[20]

25. To give an example, the Healthcare Commission has informed us that "there are presently at least seven possible avenues down which [health service] complaints can be routed. Often it is only the most determined who have their case fully considered".[21] The British Medical Association (BMA) Patient Liaison Group and Breakthrough Breast Cancer also raised concerns that "often the complaints system fails at the first hurdle because patients simply do not know where to turn, in particular where a patient journey spans a number of providers"[22] and that "the number of routes available to raise a complaint may also lead to confusion for some service users who may not feel they know the most appropriate route".[23]

26. In such a complex environment, if complaints systems are to be truly accessible, more is needed than the provision of information alone. As the British and Irish Ombudsman Association (BIOA) state in their Guide to principles of good complaint handling, "It is about proactively 'opening up'—widening access, literally and metaphorically—for all kinds of people who might not otherwise have the knowledge, confidence or ability to complain".[24]

27. Lessons can be learnt from the private sector. The NAO has explained how Midland Bank plc, prior to its acquisition by HSBC in 1992:

…brought in a new ethic to 'compete on service', in which complaints were seen as fundamental. At that time the bank had a more glossy brochure than they do now, entitled 'We want you to complain' as part of their campaign. The campaign involved writing to every customer asking them to complain, a process which engendered some 20,000 letters of complaint.[25]

28. Although this particular approach might not be appropriate for public services, the principle holds good of making information on how to complain widely available in a variety of formats. These might include posters and comment cards in walk-in centres; comment cards also included with correspondence; clear guidance available by telephone; and easily accessible information on internet sites.

29. The information on redress accessible on government departments' and agencies' websites is variable in its standard, according to the NAO. Although some websites were found to be very good, there were "many sites where either no information is available or it is stored in obscure PDF pages not accessible via searching and often containing very formal and unwelcoming text".[26]

30. Information on redress is also available through the Government's online portal to its services—Directgov.[27] However, the information it provides covers only high-level complaint handlers, such as the Ombudsman. It provides no guidance on how to pursue a complaint directly with a government department or public service provider, simply noting that complaints should first be made to the service provider directly.

31. Two other websites, one government-funded and one independently run, show how more effective guidance might be provided:

  • consumerdirect.gov.uk is a government-funded telephone and online service offering information and advice on consumer issues. It is funded by the Office of Fair Trading and delivered in partnership with Local Authority Trading Standards Services.
  • howtocomplain.co.uk is an independently run website which provides information on how to complain not only to private companies, but also to government departments and agencies. It provides information about the various steps and levels of complaint handling and gives contact details. It provides links to relevant websites including that of the Ombudsman. It also includes a facility to fill in a form that is sent directly to the appropriate organisation.

32. Both of these websites guide the user more effectively through the actual step-by-step process of making a complaint. As the internet becomes an increasingly important means for communicating with government departments and agencies, it is all the more important that Directgov, the Government's online portal, should set out complaints processes in a clear, accessible and comprehensive manner.

33. Access to the internet is not universal, however, and, as Professor Dunleavy told us, those without access to online services can struggle to register a complaint:

…40 per cent of people still do not have internet access and those people are particularly concentrated in groups who are vulnerable or in some way disadvantaged—low-income people, people on benefits and elderly people. They often find it extremely difficult just to kick off a complaint or a request for an appeal because they ring up numbers that they get from the telephone book or the Citizens' Advice Bureau or some other sort of line and then they get referred from pillar to post, 'That's not us, we don't do that. We do complaints and you want an appeal', all that kind of stuff. We did some mystery shopping for this report with 20 departments and you had to be a pretty confident and persistent person to get from a general enquiry point to being able to make a complaint. Then, when we discussed that experience with focus groups, there was considerable evidence that this was quite a general experience, that, unless you had a piece of paper with a specific number on it, it was very difficult to initiate a complaint.[28]

34. The standard of service offered by government call centres and the confusing array of telephone numbers listed for government organisations is also well-documented.[29] The Chairman of the Committee commissioned a small research project on call centres within government, which is published with the evidence to this Report.[30] This demonstrated the plethora of ways in which service users could contact HMRC, the Department for Work and Pensions (DWP) and the then Home Office. The DWP offered 41 different numbers to call, and HMRC provided at least 54 national helplines. Having such a variety of numbers to call can increase people's confusion and make it difficult for them to navigate through the system if it is not clear which one corresponds to their concern or complaint. Furthermore, the research found that some helplines were distinctly unhelpful: not one of the 30 calls made to the DWP's Crisis Loans Direct number in March 2007, for instance, was answered.[31]

35. The recent report from Sir David Varney on Service transformation recognises that:

…many calls by citizens or businesses originate from a confused understanding of a government service or not knowing which of the tens of thousands of published telephone numbers can provide them with what they need. The issue becomes more acute when the information spans the remit of several organisations and when certain types of information can only be provided by a specific department or agency. Analysis for this review by BT Directory Enquiries found over 4,000 published numbers for HMRC, DWP and Home Office alone and over 50,000 published numbers in the public sector.[32]

36. Sir David recommended that "the public sector should explore the scope for a single access number nationwide for all non-emergency public services".[33] This would, he claims, have benefits for both the citizen and efficiency. The NAO report on redress similarly recommended that the Government should consider "whether there is a value for money case to provide citizens with a single point of contact for impartial information on where to make a complaint or seek redress, and if so, explore cost-effective options for doing so".[34]

37. The Government told us that they had not accepted the NAO recommendation because they did not want to "create another central point in addition to the Ombudsman because we think that most of these things should be sorted out by the organisation doing them".[35] The Ombudsman was also not convinced, telling us that "the last thing we need is to set up another huge organisation to deal with complaints". She told us that "I suppose the slightly flippant answer…is I thought that was my job", and she raised concerns about the "expertise" and the "time, money and energy" that would be needed to set up such an organisation.[36]

38. We do not think that it is part of the Ombudsman's job to act as a signposting service and to provide advice at the earliest stages of a complaint, and we doubt it is a task she would want. There remains a gap in the market.

39. The Government and Ombudsman are right that a new central body to deal directly with complaints would be unwieldy, ineffective and expensive. Individual organisations need to retain responsibility for handling complaints about the services they provide. We think, however, that there is a real need for a central source of information and advice to guide citizens in their interaction with government organisations. The system is too complex to expect people to manage without guidance. Citizens deserve advice and assistance in understanding where to turn to lodge an initial complaint and how to do so effectively. The aim would not be to replace or to compete with the Ombudsman, but would rather, in the words of the NAO:

…give citizens clear information at the earliest stage of launching a complaint, and direct them to the appropriate starting point for handling their case. This may build on the information that the Parliamentary Ombudsman's staff and others already give to people who telephone their offices on how and to whom they should take their complaint…Any such point should not, however, become an extra step in the process that citizens are obliged to use.[37]

40. A single information helpline would need to be accompanied by a fully comprehensive online portal. Our predecessor Committee called for a trial of such a service, which it suggested might be called 'Public Services Direct', in its report on Choice, Voice and Public Services.[38] The need for a single access and advice point has grown with the Government's commitment to providing a greater number of public services through diverse providers. The existing Directgov website—which has the strapline "Public services all in one place" —is a good starting point, as it draws together information on many public and local government services. As we noted earlier, however, at present Directgov provides little practical guidance for those wishing to make a complaint. Moreover, it is only available as an online service; there is no telephone helpline, disadvantaging those without internet access.

41. To provide useful guidance to those wishing to make complaints about public services or government bodies, Public Services Direct would need to gather together disparate information on complaints processes across the public sector as a whole. People should be able to consult a comprehensive website or call an advisory phone line in order to get the help they need in making their complaint. Complaints about the inaccessibility of particular services, such as Crisis Loans Direct, could be recorded automatically—in turn prompting service improvement without the need for individuals to escalate their complaint proactively.

42. We agree with Sir David Varney and the National Audit Office that the Government should explore the scope for a common access point nationwide for all non-emergency public services. This would provide a single point of contact for impartial information on where to make a complaint or seek redress. We restate our predecessor Committee's recommendation in favour of just such a service—'Public Services Direct'—which would offer an easy access, one-stop-shop approach to a complex web of public services. Public Services Direct should be both a gateway to government organisations and services, and a source of basic advice to public service users. It would act as the starting point for people unsure of how or where to lodge their initial complaint, and would provide them with the appropriate information and guidance.



9   Public Administration Select Committee, Choice, voice and public services, HC 49-III, Ev 132 Back

10   Q 24 Back

11   Cabinet Office, How to deal with complaints, June 1998, p 8 Back

12   National Audit Office, Citizen redress, p 30 Back

13   Q 102 Back

14   National Audit Office, Citizen redress, p 31 Back

15   National Audit Office, Citizen redress, p 7 Back

16   Q 330 Back

17   Parliamentary and Health Service Ombudsman, Fifth Report of Session 2006-07, Tax credits: getting it wrong?, HC 1010, para 2.22 Back

18   Q 332 Back

19   Strategy Unit, Building on progress: the role of the state (HM Government policy review), Cabinet Office, May 2007, para 7.1 ff; Strategy Unit, Building on progress: public services (HM Government policy review), Cabinet Office, March 2007, para 6.4 Back

20   Parliamentary and Health Service Ombudsman, Annual report 2005-06, p 4 Back

21   Ev 252 Back

22   Ev 295 Back

23   Ev 291 Back

24   British and Irish Ombudsman Association, Guide to principles of good complaint handling, April 2007, p 11 Back

25   National Audit Office, Citizen redress, p 95 Back

26   National Audit Office, Citizen redress, p 52 Back

27   www.direct.gov.uk/en/RightsAndResponsibilities/Yourrights/DG_10013518 Back

28   Q 333 Back

29   Committee of Public Accounts, Fifty-third Report of Session 2005-06, Department for Work and Pensions: delivering effective services through contact centres, HC 1034 Back

30   Ev 352 ff Back

31   Ev 357 Back

32   Sir David Varney, Service transformation: A better service for citizens and businesses, a better deal for the taxpayer, HM Treasury, December 2006, p 60 Back

33   Ibid, p 85 Back

34   National Audit Office, Citizen redress, p 15 Back

35   Q 474 Back

36   Qq 32-33 Back

37   National Audit Office, Citizen redress, p 15 Back

38   Public Administration Select Committee, Choice, voice and public services, para 210 Back


 
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