Privacy Notice Complaints

Spelthorne Borough Council and its subsidiaries has processed your personal information to allow us to deal with your complaint fairly, consistently, and professionally.

In order to comply with the Data Protection Act 2018 and the UK General Data Protection Regulation, Spelthorne Borough Council must provide you with the following information about the personal data you give to us or we receive via third parties.

What information does the Council collect?

We need information from you to investigate your complaint properly, which will cover whatever you may decide to provide.

When we receive a complaint from you, we will set up a case file for stage 2 complaints. This normally includes your contact details and any other information you have given us about the other parties in your complaint.

Why does the Council process personal data?

Our purpose is to investigate and take relevant action in line with our complaints' policy. We will use the information to enable us to carry out investigations into your complaint, provide a response and agree appropriate action.

The lawful basis we rely on to process your personal data is article 6(1)(e) of the UK GDPR, which allows us to process personal data when this is necessary to perform our public tasks as a relevant authority.

If the information you provide us in relation to your complaint contains special category data, such as health, religious or ethnic information the lawful basis we rely on to process it is article 9(2)(g) of the UK GDPR, which also relates to our public task and the safeguarding of your fundamental rights.

Who does the Council share your personal data with?

When a complaint is escalated beyond Stage One, we will share your information with senior officers charged with investigating your complaint and may share it with the Local Government and Social Care Ombudsman (LGSCO). 

The Local Government Act 1974 ("the Act") gives powers to the Local Government and Social Care Ombudsman (LGSCO) to investigate complaints made by members of the public about the service they have received from the Council. Spelthorne Borough Council is listed as an authority which can be investigated by the LGSCO under section 25 of the Act. We are required under Section 29 of the Act to furnish the LGSCO with any information they may require. This may include the Council producing documents which will process your information to assist with the LGSCO investigation.

In certain circumstances where there is a potential for the involvement of fraudulent or unlawful practice, we may need to refer your complaint to other statutory bodies including enforcement agencies and Courts of law.

If required to share any personal information with other relevant bodies, we share information securely and proportionately.

How long does the Council keep your data?

We hold personal data for complaints resolved at Stages One and Two for one year from the date the issue is resolved. Data relating to complaints that are escalated beyond Stage Two, ie to the Local Government and Social Care Ombudsman, will be held for five years.

For further information about how the Council uses your personal data, including your rights as a data subject, please see below. 

If you have any direct enquiries, Spelthorne Borough Council's Data Protection Officer can be contacted at data.protection@spelthorne.gov.uk.

The GDPR provides the various rights regarding your personal data; for further information please see the data protection rights page on our website.