Stage 1 and Stage 2 are common, but they are not universal
Many organisations use a two-stage complaint process. Stage 1 is the first formal investigation. Stage 2 is a fresh or more senior review of the unresolved complaint and is usually the organisation’s final internal response. That pattern is especially important in local government and social housing, but it should not be copied blindly into every sector.
Financial firms usually work to the FCA complaints regime rather than a universal Stage 1 and Stage 2 model. Telecom and energy providers have internal processes that lead to ADR eligibility. Adult social care in England has a statutory single-stage complaints procedure. Children’s social care has a statutory three-stage procedure. FOI uses internal review rather than an ordinary Stage 2 complaint.
General council complaints under the LGSCO Code
The LGSCO Complaint Handling Code says Stage 1 should be acknowledged and logged within five working days, with a full response within ten working days of acknowledgement. If the complaint remains unresolved, Stage 2 should be acknowledged within five working days and the final response issued within twenty working days of acknowledgement.
The Code says the person handling Stage 2 should not be the same person who handled Stage 1. It also says complainants should not be required to justify why they want Stage 2. The organisation should focus on what remains unresolved and what outcome is sought.
What to send at Stage 2
Do not simply resend the Stage 1 complaint. Start with the Stage 1 response and identify what remains wrong or unanswered. A useful Stage 2 request can be structured as:
- Issue 1: what you originally complained about.
- Stage 1 finding: the organisation’s position.
- Why you remain dissatisfied: factual error, omitted evidence, wrong policy, incomplete reasoning, inadequate remedy or unresolved action.
- Evidence: the document, date or rule that supports the challenge.
- Outcome: what Stage 2 should now decide or put right.
This creates a clear review record and prevents Stage 2 from becoming a second generic summary of the whole history.
Important exceptions
| Area | Complaint structure | Why it matters |
|---|---|---|
| Children’s social care | Three-stage statutory complaints process | Stage 2 uses an investigation with independent oversight; Stage 3 is an independent review panel. |
| Adult social care | Statutory single-stage complaint procedure | A council should not force someone through generic extra complaint stages before a final response under the statutory scheme. |
| FOI / EIR | Internal review | This is an information-rights review, not the ordinary corporate complaint Stage 2. |
| Social housing | Housing Ombudsman two-stage Code | Landlord Stage 1 and Stage 2 timings are governed by the Housing Ombudsman Complaint Handling Code. |
| Statutory appeal / tribunal | Separate legal or statutory process | Using the complaint procedure does not necessarily preserve the appeal deadline. |
If Stage 2 changes the organisation’s explanation
A changed explanation is not automatically improper, but it matters. Compare the Stage 1 factual position, Stage 2 factual position and original documents. Ask whether the new explanation is supported by evidence created at the time or whether it appears only after the first explanation became difficult to maintain. Keep both responses because the sequence may later matter to an ombudsman or court.
Know when internal stages can be bypassed.
Practical check.
Some schemes allow external referral after a fixed time or final/deadlock response even if the organisation keeps offering another internal stage. Others require completion of defined stages. Check the external body’s current jurisdiction rules rather than relying solely on the respondent’s policy.
Ask for independence where the policy promises review.
If Stage 2 is described as an independent or senior review, identify any concern where the same person appears to be reviewing their own disputed act. Not every overlap makes the process unlawful, but it can undermine the purpose of a promised review.
A Stage 2 complaint should usually be narrower than Stage 1.
List what Stage 1 got wrong: omitted issues, factual errors, evidence not considered, inadequate remedy or procedural failure. Do not reproduce the original complaint unchanged unless the policy specifically requires it.
Stage labels are internal architecture, not universal legal categories.
Many organisations use Stage 1 and Stage 2, but the purpose differs. Stage 2 may be a fresh review, escalation to a senior officer, an investigation or simply another complaint handler. Read the policy and identify what the second stage is supposed to do before drafting.
Official sources and further reading
- LGSCO, Complaint Handling Code
- LGSCO, Stage 2 escalation guidance
- LGSCO, children’s statutory complaints
- LGSCO, adult social care model
- ICO, FOI internal reviews
ConsumerWise explains these materials in plain English. Check the current source where a deadline, rule about what the body can deal with or legal requirement may have changed.