Complaints about regulated services or where other redress schemes exist

Some third-party service providers may be subject to regulation by a statutory or voluntary regulator. These regulators may have their own requirements in relation to complaint handling.

Third-party providers may also have voluntarily signed up to or be subject to redress schemes including other Ombudsmen schemes.

Where the third-party service provider is subject to regulation by a statutory regulator (i.e. one established in law), the service provider may respond to complaints in line with the regulators expectations. Organisations should ensure that the provider signposts to either the organisation or the Ombudsman at the end of their complaints process alongside any other body a complaint may be escalated to. 

Where the third-party service provider is subject to voluntary regulation (e.g. they have signed up as a member of an association or similar organisation) the Complaint Handling Code or other statutory complaints process takes precedence as these are issued under legal powers. 

For example, enforcement agents (that is bailiffs) working for a council may have agreed to oversight by the Enforcement Conduct Board. That is not a statutory body and has no legal powers to enforce standards on their members. So, where the enforcement agents are acting on behalf of a council, complaints should be handled in line with the Code. Councils may allow enforcement agents to handle complaints themselves or pass complaints directly to the council to consider and respond to. Failure to signpost to the Local Government and Social Care Ombudsman at the end of the process is likely to be considered fault.

Many third-party providers may not be regulated at all but may be covered by other redress schemes including other Ombudsman schemes. Providers may signpost to these schemes, but they should also signpost to the Local Government and Social Care Ombudsman where they are acting on behalf of the organisation.