Making a decision

When reaching a decision on a complaint, complaint handlers should return to the key questions asked when planning their investigation:

• What, if anything, has gone wrong?
• What was the impact on the person complaining or the wider public?
• What action should be taken to put things right?

Complaint handlers should compare what happened (based on evidence) with what should have happened (based on law, guidance, policies and procedures).

Complaint handlers need to decide what information is relevant, reliable and important to the issue being complained about.

They may consider:

• Who/ where/ when is the information from?
• Is it supported by other information?
• Are there any gaps? Is more information needed to reach a decision on balance of probabilities?
• Is there enough information to make a decision that will stand up to challenge?

Where there is a conflict of evidence, complaint handlers should consider whether the conflict needs to be resolved in order to reach a view on the matter complained of. Often, disputes about what was said may come down to different understandings of the same conversation. That may be a suitable conclusion to reach if it can be supported by contemporaneous records.

Where there is a conflict of evidence that needs to be resolved in order to reach a decision, complaint handlers should consider:

• What records or other evidence exists closest to the time action was taken or a decision made? Records made at the time or soon after an event are generally more reliable than records updated at a later date.
• Is there supporting evidence that supports one party’s view of what happened? This could be an email, letter or other record held by the complainant, the organisation or a third party.
• Has one party to the complaint provided a more consistent account/ evidence of what happened compared to the other? Complaint handlers should not automatically assume an organisation’s evidence is more reliable than a complainant’s evidence. Complaint handlers should consider how each party has acted in deciding which evidence is likely to be more reliable.

If the complaint handler identifies there has been fault in how the organisation has acted, they should go on to consider what impact, if any this has had on the complainant and others. Complaint handlers may decide to speak to the complainant again after finding fault to explore the impact this has had on them.

Complaint handlers should consider:

• The direct consequences of any fault on the person complaining and others.
• Whether the complainant or others contributed to these consequences.
• The complainant's views on any consequences.

This will help complaint handlers decide what action the organisation should take to put things right.

Organisations should be prepared to apologise when things have gone wrong. This demonstrates that the organisation is open to challenge and willing to accept responsibility when things have gone wrong. This helps organisations to build trust with the public.