��

Procedure for dealing with complaints about the Learning and
Skills Council
Key Principles
1.
The Learning and Skills Council (LSC) should be receptive to genuine
expressions of dissatisfaction.
2.
Complaints should be dealt with promptly, fairly and proportionately.
3.
The LSC should seek to learn from complaints that are upheld and make
changes where necessary.
4.
Action taken as a result of complaints should help to improve the quality of
the LSC’
s administration.
5.
In dealing with complaints, the LSC will take account of its duty to promote
equality and diversity.
Complaints Procedure
When we will investigate:
6.
We will usually investigate complaints about the LSC’
s administration.
This includes administration by the national office of the LSC, and by Local
Learning and Skills Councils. Complaints may include allegations of:

unsatisfactory, incompetent, arbitrary or unfair treatment;

undue delay;

non-compliance with published procedures, including those in relation
to dealing with complaints about learning Providers;

non-compliance with the LSC’
s Publication Scheme under the
Freedom of Information Act 2000 and non-compliance in relation to the
other requirements of the Freedom of Information Act;
Version 3 - Updated 4 November 2008
1


non-compliance in relation to the requirements of the Data Protection
Act 1998.
When we will not investigate
7.
We will not investigate certain complaints:

from LSC employees where the LSC’
s grievance procedure would be
appropriate;

which are contractual disputes;

which are being, or have been, considered by a court or similar body;

about learning Providers for which there is a separate complaints
procedure. If the complaint is about how the LSC has investigated a
complaint about a learning Provider, we will not re-investigate the
substance of the original complaint but will only consider if it was dealt
with appropriately;

where the complainant has not exhausted other available appeals
procedures within the LSC.
8.
The LSC will not usually investigate complaints more than three months
after the decision or action was taken.
9.
The LSC reserve the right not to investigate complaints considered to be
vexatious or malicious.
Who will investigate:
10.
Complaints should be made in writing to the Council Solicitor, Learning and
Skills Council, Cheylesmore House, Quinton Road, Coventry, CV1 2WT or
by email to [email address]. The Council Solicitor or the
Complaints Administrator will take responsibility for acknowledging the
complaint and responding once the complaint has been investigated.
11.
The Council Solicitor may:

conduct the investigation into a complaint or ask another member of
the Legal Team to conduct the investigation
Version 3 - Updated 4 November 2008
2


pass the complaint to the LSC’
s Internal Audit Investigation Unit (IAIU)
if it relates to fraud or allegations of financial irregularity;

appoint external investigators to assist with any investigation.
What we will do:
12.
If a complainant needs assistance in putting their complaint in writing the
Council Solicitor or Complaints Administrator should consider how the LSC
might assist.
13.
On receipt of a complaint in writing the Council Solicitor should:

check that the matter is one which the LSC can investigate

check if the decision or action complained about occurred more than
three months ago. Where this is the case the LSC will not normally
investigate, unless the complainant has good reason for the delay in
making the complaint;

determine who should carry out the investigation.
14.
Within five working days of receipt of a complaint in writing, by email or fax,
the Council Solicitor or Complaints Administrator should acknowledge
receipt and send a copy of this procedure to the complainant. The
complainant should be told whether the complaint is one which the LSC will
investigate and the target date for determining the complaint.
15.
Within 10 working days of receiving the complaint, the Council Solicitor or
Complaints Administrator should prepare a summary of the complaint. The
summary should be sent to the complainant for approval.
16.
The complainant should be given five working days to provide any
response to the summary of complaint and the Council Solicitor or
Complaints Administrator should consider any response from the
complainant and, if appropriate, amend the summary of complaint.
17.
The Council Solicitor or other person appointed to carry out the
investigation should send a summary of the complaint to the relevant
director who has responsibility for action or decision which is the subject of
the complaint. The relevant director should be asked to provide within 10
working days:
Version 3 - Updated 4 November 2008
3


a response to the summary of complaint

copies of all correspondence and other documentation relating to the
matter being complained about;

confirmation that the information provided can be shown to the
complainant.
18.
If the person conducting the investigation cannot resolve the position on the
information available, he or she shall arrange for the complainant and any
other person to be contacted to obtain such further information as is
required. If necessary the person conducting the investigation can arrange
to meet with the complainant or the relevant director.
19.
All investigations into a complaint should normally be completed within
20 working days of agreeing a summary with the complainant. If an
investigation will take longer than this then the Council Solicitor should
inform the complainant, setting out an explanation and revised timetable for
a response.
20.
Once a provisional decision has been made in relation to the complaint, the
Council Solicitor should finalise the LSC response and consider what steps
should be taken to respond to any aspects of the complaint which have
been upheld, with regard to the key principles set out above.
21.
Action may include the LSC agreeing to review, reverse or amend an
earlier decision. When complaints are about the conduct of an
investigation of a complaint about a Provider by a Local Learning and Skills
Council, the National Employers Service (NES) or Learning Difficulties and
Disabilities (LLDD) Team in the Learning Group of the National Office), the
Council Solicitor can request that the LLSC, NES or LLDD Team re-
investigate the issue within defined timeframes.
22.
A final response should be sent to the complainant within five working
days, together with details of any action to be taken. This concludes the
complaint investigation.
Version 3 - Updated 4 November 2008
4

23.
If the complainant remains dissatisfied they may complain to the relevant
bodies set out below.
Complaints about non-compliance with the Freedom of Information
Act 2000 or the Data Protection Act:
To the Information Commissioner, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF. Telephone 01625 535 745 or email
[email address].
More information at www.dataprotection.gov.uk/index.htm
It is a matter for the Commissioner as to whether he will investigate your
complaint.
Other complaints about the administration of the Learning and Skills
Council:
Through the local Member of Parliament to the Parliamentary
Commissioner, Millbank Tower, Millbank, London, SW1P 4QP. Telephone
0845 015 4033 or 020 7217 4163.
More information is available at www.ombudsman.org.uk
Version 3 - Updated 4 November 2008
5

Timetable for complaints procedure (an investigation by the Internal Audit
Investigation Unit is excluded from these timescales).
Time begins for complaints procedure
Complaint in writing or other form
(Day 0)
(paragraph 12)
within 5 working days (Day 5)
within 10 working days (Day 10)
Acknowledge receipt
Summary of Complaint produced and
sent
to
complainant
and
relevant
director
within 5 working days
Receive any response from
complainant, amend if
appropriate –provide
within 14 days (Day 21)
amendments to relevant
director
within 20 working days
Complete investigation of
complaint (unless time extended)
within 10 working days
Finalise findings and decide upon
any action. Send final response
to complainant.
) Investigation concluded
within 35 working days (day 40)
Version 3 - Updated 4 November 2008
6