Guidance

Chapter 7: Participant complaints

Updated 25 February 2022

Applies to Scotland

This is Job Entry: Targeted Support (JETS) in Scotland provider guidance.

Participant makes a complaint against you

7.01 Where a Participant is unhappy with the service they are receiving from you, they may raise a complaint.

Actions

• Ensure that all Participants are aware of your internal complaints procedure
• Take all steps outlined in the procedure to resolve the complain
• You must take all action to your stated timescales
• On reaching the end of your process you must include the text at Annex 1 Of the Generic Provider Guidance in your final response

If you do not respond to the complainant within eight weeks of receipt the Participant may choose to go directly to Independent Case Examiner (ICE).

7.02 You must have an appropriate complaints process across your whole supply chain to resolve customers’ complaints. You must explain your complaints process to the Participant in your first contact with them.

7.03 You should ensure that you follow each step of your detailed complaints process robustly in order to bring the complaint to a satisfactory conclusion.

7.04 After following all steps in your process you must include in your final response to the Participant a standard text which signposts the Participant to contact ICE should they wish to pursue their complaint.

7.05 ICE will mediate between you and the Participant to broker a resolution. If a resolution cannot be agreed between either party, ICE will undertake a full investigation of the complaint. To ensure that a thorough investigation can take place, you will need to provide all the papers which relate to the complaint. The ICE office will ask for these when required. If a complaint is upheld against you at this investigation stage, £5,000 will be recovered from you to go towards funding the ICE service for provider complaints in the following year.

7.06 DWP will gather Management Information from the complaints that ICE receive. This information will inform contract performance management.

Participant makes a mixed complaint against you and Jobcentre Plus

7.07 If a Participant wishes to make a complaint against both you and Jobcentre Plus, Jobcentre Plus will lead on responding to the Participant and will ask for a contribution from you. They will contact you for a response regarding the element of the complaint which relates to your provision, agree a final response with you, and issue it to the Participant.

7.08 If the Participant raises this type of complaint with you, you should direct them to Jobcentre Plus.

Actions

• If you are contacted by Jobcentre Plus regarding a complaint you should return any paperwork or contribution to a reply within stated timescales and at least within five working days
• If the Participant remains dissatisfied at this point, they will be advised to approach you directly about any issues which relate to the service you provide. You should treat the first combined response from Jobcentre Plus as the first stage of your complaints process and escalate the Participant issue to the next stage in your complaints procedure

7.09 Jobcentre Plus will deal independently with any remaining issues relating to its services.

Participant makes a complaint against you to Jobcentre Plus

7.10 In the course of their contact with Jobcentre Plus a Participant may raise a complaint with them against you. Jobcentre Plus staff will direct the Participant to raise their issue with you so you have a chance to resolve it to their satisfaction.

7.11 On receipt of the complaint you should follow your procedure as normal.

Action

• You must deal with the Participant’s complaint in the same way as you would have had they raised it with you directly

Participant makes a complaint to you about JETS in Scotland

7.12 If a Participant raises a complaint with you regarding the requirement for them to attend JETS in Scotland or any other issue with programme policy, you should direct them to contact Jobcentre Plus who will deal with their complaint.

An elected member of a national or international body makes a complaint to you on behalf of a Participant

7.13 There may be occasions when an elected member of a national or international body would write to you on behalf of the Participant, for example

• Member of Parliament (MP)
• Member of the Scottish Parliament (MSP)
• Member of the National Assembly for Wales (AM)
• Member of the Northern Ireland Assembly (MLA)
• Member of the European Parliament (MEP)

7.14 Further information regarding the three stages of complaints can be found in DWP Generic Guidance – Chapter 2 Delivering Provision.

Referral of a complaint to the Independent Case Examiner (ICE)

7.15 Complainants should be advised that they can escalate their complaint to the ICE within six months from the date of the final response that you issue.

7.16 On receipt of a complaint, ICE will contact you to confirm that each step of your internal process has been completed. If they feel that you have not completed your process satisfactorily you may be asked to revisit some steps to seek resolution before ICE are prepared to investigate further. You must deal with any correspondence of any nature from ICE within the stated timescales or at least within five working days. The role of ICE

7.17 ICE is an independent office holder, supported by DWP staff. The ICE does not act on behalf of Participants, but as an independent arbiter.

7.18 The ICE Office has two primary purposes:

• to provide a free complaint resolution and investigation service to potential participants who are unhappy with the final response to their complaint from the relevant DWP Agency, Business, JETS in Scotland Provider; and
• to support DWP Agencies, Businesses, JETS in Scotland Providers in improving their services, by highlighting where things have gone wrong and making constructive recommendations based on the complaints the ICE Office identify. Recommendations might be systemic in nature or case specific

7.19 ICE has three stages of complaint examination, which will be applied to any complaints made about you. At every stage, you, the provider, will have the opportunity to give your version of events and offer any supporting evidence.

7.20 Further information regarding the three stages of complaints can be found in DWP Generic Guidance – Chapter 2 Delivering Provision.

For more information, please visit the ICE website at: Independent Case Examiner.

Should you require a copy of any of the forms mentioned in this chapter, please email: [email protected]