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DFRS Complaints, Feedback and Appreciations Service Procedure

1. Introduction

Derbyshire Fire and Rescue Authority is committed to providing the highest quality of service to the people of Derbyshire. In order to maintain the highest possible standards Derbyshire Fire & Rescue Service (the Service) welcomes constructive criticism, complaints and appreciative feedback on the quality of its service and personnel. DFRS is committed to ensuring that its employees understand the importance and respond to feedback received from those outside the organisation. This document sets out the policy and procedure to be followed the Fire Service Staff when dealing with a complaint. It explains how our complaints procedure works and how to deal with external complaints, comments and appreciations.

2. Definition of a Complaint

This policy applies to all complaints received by the Service from members of the public, stakeholders or any other individuals that interact with the Service. This policy is not intended to cover internal complaints or grievances made by employees, these will be addressed under the Grievance Procedure. However, an employee can make a complaint about the service we have provided in our professional capacity as a member of the public.

  • Complainant: The individual or individuals making the complaint.
  • Complaint: An expression of dissatisfaction about our services, staff conduct, or any other aspect of our operations.
  • Comment: Contacting us with ideas or opinions on ways that the Service could improve. Share local knowledge that the Service may be able to use. Request Service information or sign posting to another Service or partner.
  • Compliment: Contacting us to let us know we are doing something well. This helps us to identify areas of best practice to continually improve our Service.

3. Principles of Complaints

Procedure Accessibility

A complaint can be made to any member of the Fire Service Staff who are responsible for the effective handling of and recording of complaints. The Complaints Procedure will be well publicised.

Communication

The Complaints Procedure will encourage early and direct contact with the complainant, and they will be told who will be dealing with the complaint and when they can expect a response. The Service will record complaints and see them as an opportunity to learn and improve.

Timeliness

There is no time limit by which people must register a complaint, however it is expected that complaints will be made in a timely manner. Any unnecessary delays may affect the ability to effectively investigate the complaint. Complaints will be dealt with as soon as possible and within a maximum of twenty working days unless there is a justifiable reason for not doing so. Where there is a delay the complainant will be informed.

Fairness

Complaints will be dealt with in an open-minded and impartial way. The response will be proportionate and tailored to the circumstance.

Credibility

The Complaints Procedure will be managed by the Service Solicitor. Where they believe that a complaint has not been dealt with properly they will refer the matter to a senior manager. The log of complaints received and the remedial action taken will be reported to the Fire and Rescue Authority and will be published on the fire Service website.

Accountability

The information to members of our community and users of the service will be provided in a clear and open way. There will be regular monitoring to ensure timescales and satisfaction levels are met. The Complaints Procedure will be reviewed annually.

DFRS is committed to ensuring that its employees understand the importance of and respond to feedback received and that we:

  • Encourage feedback, good or bad that can help improve our Service
  • Provide clear guidance on how to give feedback
  • Provide support, where necessary to people wishing to give feedback about our Service
  • Promote open dialogue with the Complainant throughout the duration of the complaint and investigation process
  • Conduct a thorough investigation based on facts giving an honest, balanced, and understandable response
  • Evidence learning and follow up any actions, where appropriate
  • Provide performance outcomes on how we deal with complaints

4. Core Code of Ethics

The Fire Service Core Code of Ethics is of paramount importance, as it serves as a guiding compass for the actions and behaviour of every member within our Derbyshire Fire & Rescue Service. This ethical code is not merely a set of guidelines; it is the fundamental belief system that drives our Service and lies at the heart of every decision made and action taken. The code ensures that all Fire Service staff uphold the highest standards of integrity, professionalism, and commitment to public safety, both on and off duty. It fosters a culture of trust, accountability, and respect within the organisation and towards the communities we serve. By adhering to this code, our Service prioritises the well-being of others, and demonstrates selflessness and dedication in our mission to protect lives, property, and the environment. The Fire Service Core Code of Ethics serves as a constant reminder of our commitment to the communities we serve and reinforces the inherent values that make the Fire Service an invaluable pillar of any community.

We are committed to ensuring equality, diversity, and inclusion in all aspects of our operations. As per the Public Sector Equality Duty (PSED), as outlined in the Equality Act 2010, we recognise our legal obligations to promote equality, eliminate discrimination and foster good relations between individuals with protected characteristics. Equality, diversity, and inclusion are fundamental values that guide our approach to complaints handling. By aligning our Complaints Policy with the Public Sector Equality Duty, we aim to provide a fair, accessible, and nondiscriminatory platform for individuals to voice their concerns. We are committed to promoting equality of opportunity, eliminating discrimination and fostering good relations between individuals

5. Exceptions to the Complaints Procedure

How complaints are handled will vary according to the nature of the complaint. This procedure provides the guidance on how to deal with and record complaints. There will be circumstances when it is not appropriate to follow the complaints procedure and the following headings indicate where other considerations need to be taken into account.

INSURANCE CLAIMS

Potential insurance claims cannot be dealt with under the complaints procedure.

If there is potential for the complainant to be entitled to financial compensation then the matter should be dealt with as a potential insurance claim and not as a complaint. Care must be taken not to apologise or to give any indication that the Service could be liable as this could invalidate insurance cover (as detailed in Financial Regulations paragraph E50). An explanation should be given to the effect that the Service takes the matter seriously and needs to give further consideration to the matter. Potential insurance claims should be notified as soon as possible to the Accountancy Section in Corporate Financial Services. The officer responsible for the investigation should ensure that evidence such as the incident report, control log, photographs, witness statements, etc. are forwarded to the Accountancy Section in Corporate Financial Services. If a potential insurance claim arises from a collision involving a fleet vehicle the Transport Department and Command and Control must be informed straight away. A full report together with the driver’s license must be sent to the Transport Department within 24 hours.

DFRS PERSONNEL

Complaints about the Service Staff should be dealt with under this procedure.

If a complaint implied serious misconduct a senior officer would decide whether the matter would be referred to an appropriate regulatory or professional body. Complaints by members of the Servicestaff about their colleagues or management decisions may be dealt with through this procedure but consideration should be given to using other management channels, the Grievance Procedure or other appropriate employment policy. Allegations of serious wrongdoing should be dealt with in accordance with the service procedure on Whistle-blowing.

CRIMINAL ACTS

Allegations of criminal behaviour needs to be dealt with in an appropriate manner that would not hamper an investigation by the police. The police should be consulted at an early stage on the authority of a principal officer. The Service Solicitor should be alerted about complaints involving alleged unlawful actions by the Service staff.

FIRE AND RESCUE AUTHORITY

Complaints about a member of the Fire Authority must be reported to the Service Solicitor (in their role as Monitoring Officer). The procedure outlined in this Service Procedure would not apply. Comments or complaints can be received about a proposed policy or change in service. Such responses should be treated as part of the consultation process or referred to the Fire Authority by way of a petition.

CONTRACTORS AND PARTNER AGENCIES

If the complaint involves other agencies, agreement will be reached as to which body will deal with the complaint. If it is a partner agency then reference should be made to the relevant partnership agreement if available. It may be that one agency replies on behalf of the other or each agency replies in relation to areas within their remit. Whichever route is chosen it should be agreed in advance and the complainant notified. Any responses sent by third parties which address actions of the fire Service should be approved by a member of the Strategic Leadership Team before being sent. The fire Service will seek to ensure that bodies acting on behalf of the Service have a robust complaints procedure and the Service would be notified of relevant complaints and the action taken.

DFRS will not be investigating complaints of none DFRS staff members.

FIRE PROTECTION ENFORCEMENT ACTION

The Service is an enforcing authority for the Regulatory Reform (Fire Safety) Order 2005, which endorses a risk based approach to fire protection. As such, conflicts of opinion regarding adequate preventative and protective measures may arise between the Service staff and those responsible for public safety in buildings under their control.

Guidance on the rights and procedures of appeal is enclosed with the notices issued by the Fire Authority. It is a statutory right for the recipient of such a notice to appeal to a Magistrates’ Court if they disagree with the contents of the notice. Where the complaint is about a disagreement on the appropriate technical solution then the disagreement may be referred to the Secretary of State for a determination.

On occasion a member of the public may report an alleged fire risk, for example having witnessed a blocked fire escape. This would be dealt with in accordance with the Service’s Enforcement Policy. It would not constitute a complaint against the Service unless the person was specific about the Service’s actions or lack of actions in taking enforcement action. Should a complaint be received within the Service about the conduct, behavior or actions of the Service staff whilst engaged in enforcement action, in the first instance, the matter should be referred to the Area Manager in Protection for consideration and processing. Aspects of the complaint that refer to the staff member’s conduct will be dealt with under the complaints procedure outlined below.

6. Informal Complaints

Feedback is important and ensures that DFRS is responsive and looking for continuous improvement.

An informal complaint may be in the form of a comment or a concern. Some people may want to register their views without making a more formal complaint. Such feedback should not be overlooked. Many comments and complaints can be dealt with quickly and satisfactorily by DFRS staff at the time of the issue being raised. In many cases it is a question of providing an explanation or a simple apology. For example someone may comment that a member of the Service was late for an appointment. Even if the person appears to accept the explanation or apology given they should be made aware that they can make a formal complaint and how to do so.

Complaints can be made through:

  • DFRS website: Link to Contact Form
  • By Email: governance_team@derbys-fire.gov.uk
  • By Telephone: 01773 305 305 (HQ Reception)
  • By SMS: 07766 299 999 (General enquiries and non-emergency assistance for people who are deaf, hard of hearing or speech-impaired)
  • By FREEPOST: Freepost DERBYSHIRE FIRE & RESCUE SERVICE
  • By Telephone: 01773 305353
  • By Post to: Derbyshire Fire & Rescue Service, Headquarters, Butterley Hall, Ripley, Derby DE5 3RS

Some comments and complaints may be received as a result of a consultation exercise, survey or evaluation. Depending on how the exercise was conducted and what expectations people were given about anonymity or responses it may be appropriate to make direct contact with the individual concerned or write in response to the comments made. Such feedback should be reported to the Governance Team via email governance_team@derbys-fire.gov.uk

Even if the comment is about a small problem or an issue that has been resolved it is important that the Service keeps a record. In this way the Service can understand how its services and staff are perceived and have an overview of the feedback given. The Governance Team must be informed of the issue and if any action was taken. They will add the comment/complaint to the Complaints-Feedback Log. This should be done as soon as practicable and by telephone call or email.

7. How Complaints Can Be Made

At the outset it may not be necessary for complaints to be made in any particular way. Informal complaints can often be made verbally and resolved at an initial stage. If not, then the complaint should be made in writing.

A formal complaint is one where the individual makes an effort to contact the Service to raise a concern. The word ‘complaint’ does not have to be used to identify it as such.

If someone telephones to make a complaint, then the details should be recorded and a letter or email sent to the complainant to confirm what has been said.

Some people need help to make a complaint and to pursue it. Complainants may have difficulties that are not immediately apparent (for example, an inability to read and/or write) or they may have a disability or be disadvantaged (for example they may not find it easy to communicate in English). If so, help should be offered or an alternative agency proposed to offer assistance. Guidance should be sought from the Prevention and Inclusion Department.

The Service subscribes to Language Line which can be used for translations services. The complainant would need to visit Reception at HQ during office hours to use the dedicated line.

8. Acknowledging Complaints

The letter or email acknowledging a complaint must outline the nature of the complaint and therefore the basis for investigation. Receipt of a complaint should be acknowledged in writing within three working days. The complainant should be told who is dealing with the complaint and when to expect a response. A full response must be made in twenty working days. If there is a delay the complainant must be informed and advised as to when they will receive a reply.

Anonymous complaints

If a complainant wishes to remain anonymous their feelings must be respected however they should be encouraged to provide their name and contact details in order for them to be informed of the outcome. The complainant should be assured that they would not be treated adversely for having made the complaint.

Anonymous complaints should be investigated as far as possible and the outcome recorded. Please see the Whistleblowing Policy.

Confidentiality

Care should be taken not to offer categorical assurances regarding confidentiality. In some instances it would not be possible to investigate complaints against DFRS staff if the complainant were to remain anonymous or details have to remain confidential. The identity of the person making a complaint should be made known only to those who need to consider the complaint and should not be revealed to any other person or made public. Care should be taken to maintain confidentiality where particular circumstances demand (for example, information about third parties). Guidance on the Data Protection Legislation can be sought from the Service Solicitor.

Recording Complaints

The Governance Team must be informed that a complaint has been lodged and who is responsible for investigating and responding to the complaint. A central ComplaintFeedback Log will be held.

9. Who Should Deal With Complaints?

Complaints may be made to, and received by any fire Service staff members. All personnel are responsible for acknowledging formal complaints and referring it to the appropriate manager.

A formal complaint must be handled by staff who are not directly involved in the events/circumstances of the complaint. The complaint must be referred to a manager in the department/portfolio responsible for the staff member or activity. It is important that the department/portfolio that is responsible for the activity takes responsibility for the complaint as the managers will be aware of the internal processes and procedures pertaining to that activity and the performance management of its staff. In addition, the department/portfolio needs to take responsibility for any corrective action that arises.

If the complaint is of a serious nature (for example includes allegations of financial impropriety) or concerns a senior officer (Group Manager or above) then a senior officer should oversee the investigation and determine who is involved in the investigation.

Complaints about senior officers should be referred to the Chair of the Fire Authority and the Monitoring Officer must be notified. For DFRS the Monitoring Officer is the Service Solicitor.

When a complaint requiring immediate action is received out of office hours it should be referred to the Duty Officer to initiate the appropriate response.

10. Investigating Complaints

Most complaints can be resolved by the relevant manager ascertaining the facts and making a judgement. In some instances a more formal investigation may be needed.

Telephone calls or face to face meetings with the complainant should only be arranged if it is necessary to clarify the complaint or the circumstances are particularly sensitive (for example, a casualty).

Guidance on how to deal with and respond to complaints can be sought from the Service Solicitor. If the complaint alleges misconduct, the manager responsible for dealing with the complaint must consult HR Services.

If there is a disciplinary investigation as a result, then this should not delay the response being sent to the complainant. The fact that disciplinary action is being considered should not be disclosed (see responding to complaints).

The following points should be considered when conducting internal investigations:

  • The line of questioning for each person to be interviewed should be prepared in advance.
  • A witness may be needed for difficult interviews.
  • Interviews should be conducted in an informal and relaxed manner.
  • It may be necessary to continue with some questions, repeating and rephrasing a question if necessary.

Notes should be taken of the answers given. If there is potential for disciplinary action or legal compensation then consideration should be given to taping interviews.

  • The Investigator should listen carefully without preconceived ideas. 
  • Open and not leading questions should be asked. 
  • Single not multiple questions should be asked.
  • The Investigator should separate hearsay evidence from first-hand experience where possible. Interviewees should be asked how they know a particular fact.
  • Opinions should not be expressed in words or body language.
  • All relevant documents should be copied or obtained.
  • The relevant sequence of events and names of personnel involved should be established.
  • A record should be made of as many facts as possible, what, when, why, where?
  • The outcomes desired should be clarified.

11. Responding to Complaints

In responding to complaints, apologies will be offered where appropriate. It should be remembered that a complainant will have been inconvenienced by having to make the complaint.

If a complaint is upheld consideration should be given to whether other people may have been affected. For example, householders living in the vicinity of a complainant may have suffered poor water quality as a result of fire service operations. Staff should consider the wider impact and whether other people need to be informed.

If the outcome of the complaint results in disciplinary action the confidentiality of the employee should be respected. A complainant should be told that the matter has been taken seriously and appropriate action taken. It is acceptable to say that training has been considered.

Ideally a complainant should be satisfied that the matter has been dealt with fully and fairly even if the complaint is not upheld.

The complainant should be advised that if they are not satisfied with the outcome they can refer the matter to the Chief Fire Officer and Chief Executive for an internal review. 

The Governance Team must be informed of the Complainant’s Right to an Internal Review.

If the complainant has received a response which they are not happy with, they can ask for an Internal Review. The Internal Review would establish whether the investigation was adequate and all aspects of the complaint dealt with. Whilst the review may consider whether the final outcome was appropriate, the intention is not to start the investigation afresh.

Once the complaint has been reviewed the complainant should be told they can pursue their complaint (in most cases) by reference to the Local Government and Social Care Ombudsman. The LGSCO Advice team should be contacted 0300 061 0614 or the complaint can be submitted online. 

Complaints about DFRS’s refusal to supply information under the legislation for Data Protection , Freedom of Information, or Environmental Information, will be referred to the Information Commissioner. 

12. Unacceptable Behaviour by the Complainant

The Service will not tolerate behaviour by complainants that is abusive or threatening. If a complainant’s behaviour is unacceptable, they should be told why and asked to change their behaviour. If the unacceptable behaviour continues, action will be taken to restrict the complainant’s contact with the Service staff. If the complaint is repeated or seen as vexatious advice should be sought from the Service Solicitor.

The decision to restrict contact should be taken at Area Manager level or above. Any restrictions imposed will be appropriate and proportionate. The options to consider are:

  • requesting contact in a particular form (for example, letters only)
  • requiring contact to take place with a named officer
  • restricting telephone calls to specified days and times and/or
  • asking the complainant to enter into an agreement about their conduct

Where a complainant continues to behave in a way that is unacceptable, contact will be terminated with the complainant and, possibly, the investigation into their complaint.

Where the behaviour is so extreme that it threatens the immediate safety and welfare of personnel, the Service will consider other options, for example reporting the matter to the police or taking legal action. In such cases, the complainant may not be given warning of that action.

Complainants may be unreasonable in their behaviour in other ways, for example by not specifying the grounds for the complaint, not co-operating with the investigation but still seeking a resolution or making contact that is disproportionate and impeding the Service’s ability to respond. In such instances, it may be necessary to refer the complainant to the Local Government & Social Care Ombudsman at an earlier stage than would otherwise occur.

13. Review of Complaints

DFRS will endeavour to learn from complaints and feedback.

The Complaints-Feedback Log will be held by the Service Solicitor who will have responsibility for overseeing the complaints process and reviewing the complaints received on an annual basis. This review will consider any potential improvements and learning points and will be used to inform best practice in relation to complaint handling. An annual report will be made to the Fire Authority.

14. Appreciations

Appreciations received will be forwarded to Office Services at Headquarters. Office Services should be informed of the station/departmental personnel involved. Operational incidents should also include date and time of call, appliance(s) attending, the Control watch which dealt with the call and officers in attendance.

Appreciations sent to Chief Fire Officer/Chief Executive will be sent to the personnel referred to in addition to Office Services.

Office Services will maintain a register of appreciations. A list of appreciations received will be published in the Weekly Information Sheet (WIS) and re-produced on the Noticeboard on the intranet.