What we cannot deal with under this policy
Requests for service or information
As an example, if you request a repair to a council property or let us know that a street light is not working – these are alerting us to work that needs to be done. These requests may however become a complaint if we do not deal with them appropriately.
If an appeals procedure applies to your complaint, we will refer you to this, and notify you of our actions at the outset.
Appeals procedures must be completed before we can investigate any other issues you raise with us. If this is the case, we will let you know.
The following are examples of complaints where there is an appeals process and so we will not deal with them under this policy:
- issuing of penalty charges, for example parking tickets and the recovery process
- a decision on a planning application
- a community care charge assessment
- a re-housing decision
- an eviction decision
- an offer of council accommodation
- entitlement to housing benefit or universal credit
- a decision to exclude a child from a school
- the amount of special education provision for a child
- pensions matters
- appeal against the outcome of an assessment under the Department for Transport ‘Eligible subject to further assessment’ criteria regarding the issue of a blue badge
- a decision about council tax support
- a ban from or restriction on entering council premises
- a decision about a school a child should attend. Following the outcome of a school appeal complaint by an appeals panel, complaints about the process should be sent directly to the Local Government and Social Care Ombudsman. The ombudsman is independent of Leeds City Council and has the authority to investigate these types of complaints on your behalf.
They can be contacted as follows:
Local Government and Social Care Ombudsman
PO Box 4771
Existing right of objection
This is where there is a more appropriate individual or organisation to deal with your complaint such as a tribunal, ombudsman or court.
Complaints regarding issues that occurred over 12 months ago
We would not normally investigate complaints about something that happened more than a year ago, unless there are exceptional circumstances.
Complaints about councillors or MPs
For councillors contact:
For MPs contact:
Office of the Parliamentary Commissioner for Standards
House of Commons
Allegations of fraud, theft or corruption by a member of our staff
We are committed to being open and accountable for our staff. If you have serious concerns about our staff, please come forward and let us know. All concerns will be treated in the strictest of confidence. Please write to:
Leeds City Council
3rd Floor West
Complaints about your child’s education
Please contact your child’s school direct. You may also
contact the Schools Complaint Unit at the Department of Education for advice online external link.
Complaints about an academy should be addressed directly with the academy or you can
contact the Education and Skills Funding Agency for advice external link.
Where legal proceedings are involved
When a legal challenge is being made regarding whether a decision, action (or lack of action) is lawful. This is a separate process to the ombudsman so will not be considered under the complaint policy.
Complaints made by employees concerning their employment will be referred to Human Resources to be considered in line with internal HR procedures.
Complaints made by job applicants who wish to complain about the recruitment and selection process will be dealt with by the relevant recruitment manager.
Complaints about social care services
There are two acts of parliament that require local authority social care services to have a procedure for considering representations (including complaints) by an individual or anyone acting on their behalf in relation to the discharge of, or any failure to discharge, any of their social services functions.
The two acts are:
- The Children Act 1989 Representations Procedure (England) Regulations 2006
- The Local Authority Social Services and National Health Service Complaints (England)Regulations 2009
Complaints about either adult or children’s social care issues are dealt with under separate statutory timescales and are outside of this policy.
For complaints regarding children’s services:
Address: Customer Relations
PO BOX 837
For complaints regarding adult social care services:
Address: The Complaints Manager
Leeds City Council
Adults and Health
PO BOX 848
Complaints about Freedom of Information (FOIA) requests
These complaints will be handled by a senior officer under the same process as a stage two complaint. In cases where we decided not to provide the information to you, the officer must consider advice from the information management and governance service. The officer will notify you of the outcome of our investigation within 20 working days of receipt of your complaint.
If we cannot respond in full within this timeframe, we will advise you why we need more time. Under legislation, we must ensure that we respond fully to you within 40 working days from receipt of your complaint.
There is no further right of appeal to the council following this investigation. Within our response we will inform you of your right to take your complaint further if you remain dissatisfied. Our response will contain the
contact details for the Information Commissioner external link. You have a further right of appeal to the First Tier Tribunal (Information Rights).
Complaints about Environmental Information Regulations (EIR) requests
Under the Environmental Information Regulations 2004, you can ask us to reconsider an information request. You can make representations to us in writing about this no later than 40 working days after the date you think we have failed to comply with the EIR.
These complaints will be handled by a senior officer under the same process as a stage two complaint. We have to consider your representations and any supporting evidence produced by you, and decide if we have complied with the EIR requirements.
The officer must consider advice from the information management and governance service. The officer will notify you of the outcome of our investigation as soon as possible, and no later than 40 working days after receipt of your complaint.
There is no further right of appeal to the council following this investigation. Within our response we will inform you of your right to take your complaint further if you remain dissatisfied. Our response will contain the contact details for the Information Commissioner, detailed above. You have a further right of appeal to the First Tier Tribunal (Information Rights).
Complaints about Data Protection (GDPR and DPA 2018)
In relation to individual rights’ requests under the GDPR the council has 1 month in which to respond although this can be extended by a further 2 months if the request is complex or we have received a number of requests from the requester. Whilst there is no statutory requirement to investigate complaints about how the council has responded to a request, we are committed to trying to resolve all such complaints. Any such complaints will be handled by a senior officer as a stage two complaint and advice must be sought from the council’s information management and governance service.
All other data protection complaints about how the council has processed personal data, or special category data, will be handled in accordance with the council’s two stage policy (stage 1 and 2) and advice must be sought from the council’s information management and governance service.
There is no further right of appeal to the council following this investigation. You are entitled to complain to the Information Commissioner if you consider that there has been an infringement of data protection legislation. Further details can be found on the Information Commissioner’s website.
Complaints about companies or traders that provide goods and/or services
For complaints about companies or traders that provide goods and/or services, these are handled by Trading Standards, who are part of the West Yorkshire Joint Services. They can be contacted by using the details below.