Government declines to make Complaint Handling Code of Local Government and Social Care Ombudsman mandatory for councils

However, it has agreed “in principle” to the Ombudsman's call for its jurisdiction to be updated to ensure it is able to provide redress for all local government services, including those arrangements emerging through the devolution agenda.

The LGSCO said in its Triennial Review, published in November 2024, that it wanted to address "accountability gaps", calling for:

• simplified legislation giving clear, straightforward powers of investigation for all local government services
• a statutory duty to monitor compliance with LGSCO’s Complaint Handling Code
• mandatory signposting by adult social care providers to the Ombudsman
• the ability to investigate implementation of Education, Health and Care Plans, support for children with additional needs, admissions and exclusions in schools.

In relation to the Complaint Handling Code, the LGSCO published a new version in April 2024 and has since been working with a pilot group of councils to understand its impact and to develop best practice guidance.

Baroness Taylor of Stevenage, Parliamentary Under-Secretary of State for Housing and Local Government, has, however, this week written to council leaders encouraging councils to voluntarily adopt the principles in the Local Government and Social Care Ombudsman’s Complaint Handling Code.

In her letter Baroness Taylor said: “The government has committed to ensuring that decisions with local implications are taken locally. The LGSCO has made a compelling case for the benefits of implementing the Code’s standards in a local council’s own complaints procedures, to help improve standards in complaint handling and to drive consistency across the sector. However, I believe that local councils are best placed to decide whether to adopt the Code for themselves.

“I would encourage all councils to consider adopting the Code into their own complaint handling processes, and to consider further how best they can ensure that residents’ voices are heard during the day-to-day delivery of public services.”

In its formal response to the Triennial Review, the Government said it agreed “in principle” that members of the public should have an equal right to escalate complaints about public services delivered by local government, “regardless of structural changes made to deliver greater devolution”.

It added that it would consider how best to ensure that changes to local government structures to deliver devolution “do not cause inconsistency in people’s right to have their concerns about public services investigated by the LGSCO”.

The Government was meanwhile silent on whether it supported the Ombudsman’s call for enhanced powers of investigation in the education arena.

It said: “The Government wants to create a more inclusive education system where more children and young people with SEND get the support they need, when they need it. The Schools White Paper, which will be published in the autumn, will set out our vision for SEND and broader schools reform.”

In relation to mandatory signposting by adult social care providers, the response said: “Much like for local authority funded care, where councils are required to signpost to the LGSCO, it is important that those paying for their own care are also made aware of the services of the LGSCO, and therefore we support this recommendation in principle.”

It said it would consider how best to implement wider signposting for self-funders, and whether signposting should be mandatory, working alongside the LGSCO, the Care Quality Commission, adult social care providers and people who use care services.

Amerdeep Somal, Local Government and Social Care Ombudsman, said: "We welcome the Government's encouraging response the proposals contained within our Triennial Review and its support for our Complaint Handling Code.

"I look forward to working positively with the Ministry in future to improve local complaints processes and ensure they reflect the significant changes happening in local government at the moment."