Complaints Policy

Policy Statement

This organisation policy is intended to comply with Regulation 16 of the Fundamental Standard Regulations.

This organisation accepts the rights of service users to make complaints and to register comments and concerns about the services received. It further accepts that they should find it easy to do so. It welcomes complaints, seeing them as opportunities to learn, adapt, improve and provide better services.

The Policy

This policy is intended to ensure that complaints are dealt with properly and that all complaints or comments by service users and their relatives are taken seriously. It is not designed to apportion blame, to consider the possibility of negligence or to provide compensation; it is not part of the company’s disciplinary policy.

This organisation believes that failure to listen to or acknowledge complaints leads to an aggravation of problems, user dissatisfaction and possible litigation. The organisation supports the idea that most complaints if dealt with early, openly and honestly can be sorted at a local level between just the complainant and the organisation. The complaints procedure is made available to service users in their welcome booklet and to all family members who request it.

ADASS have published a Good Practice Guide on Handling Complaints concerning Adults and Children in Social Care settings. They have identified the following five principles:

• Principle one: ensure that the complaints process is accessible.
• Principle two: ensure that the complaints process is straightforward for service users and their representatives.
• Principle three: ensure that appropriate systems are in place to keep service users informed throughout the complaints process.
• Principle four: ensure that the complaints process is resolution focused.
• Principle five: ensure that quality assurance processes are in place to enable organisational learning and service improvement from complaints and customer feedback.

Aim of the Complaints Procedure

We aim to ensure that the complaints procedure is properly and effectively implemented and that service users feel confident that their complaints and worries are listened to and acted upon promptly and fairly.
Specifically, we aim to ensure that:

• Service users are aware of how to complain and that the clinic provides easy to use opportunities for them to register their complaints.
• A named person will be responsible for the administration of the procedure.
• Every written complaint is acknowledged within 5 working days.
• All complaints are investigated within 14 days of being made.
• All complaints are responded to in writing within 28 days of being made.
• Complaints are dealt with promptly, fairly and sensitively, with due regard to the upset and worry that they can cause to both service users and staff.

Responsibilities

The Registered Manager, Sue Brooker, is responsible for investigating and following through complaints

Complaints Procedure

Verbal complaints

• The organisation accepts that all verbal complaints, no matter how seemingly unimportant, must be taken seriously.
• Front-line support staff who receive a verbal complaint are expected to seek to solve the problem immediately.
• If they cannot solve the problem immediately, they should offer to get the registered manager to deal with the problem.
• Staff are expected to remain polite, courteous, sympathetic and professional to the complainant. They are taught that there is nothing to be gained by adopting a defensive or aggressive attitude.
• At all times in responding to the complaint, staff are encouraged to remain calm and respectful.
• Staff should not make excuses or blame other staff.
• If the complaint is being made on behalf of the service user by a family member, it must first be verified that the person has permission to speak for the service user, especially if confidential information is involved. (It is very easy to assume that the family member has the authority to act for the service user when they may not). If in doubt it should be assumed that the service user’s explicit permission is needed prior to discussing the complaint with the advocate.
• After discussing the problem, the manager or member of staff dealing with the complaint will suggest a means of resolving it. If this course of action is acceptable then the member of staff should clarify the agreement with the complainant and agree a way in which the results of the complaint will be communicated to the complainant (i.e. through another meeting or by letter).
• If the suggested plan of action is not acceptable to the complainant, then the member of staff or manager will ask the complainant to put their complaint in writing to the Registered Manager. The complainant should be given a copy of the company’s complaints procedure if they do not already have one.
• Details of all written complaints must be recorded in the complaints file. Verbal dissatisfaction must be recorded in the service user’s file.

Serious or Written Complaints

• Preliminary steps:
  • When we receive a written complaint, it is passed to the registered manager, who records it in the complaints file and sends an acknowledgment letter within 5 working days to the complainant.
  • The manager also includes a summary of the complaints policy explaining the organisation’s procedure for the complainant.
  • If necessary, further details are obtained from the complainant; if the complaint is not made by the service user but on their behalf, and it is about their treatment, then consent of the individual, preferably in writing, must be obtained from the complainant where required.
  • If the complaint raises potentially serious matters, advice could be sought from a legal advisor. If legal action is taken at this stage, any investigation by the organisation under the complaints procedure ceases immediately.

• Investigation of the complaint by the organisation:
  • Immediately on receipt of the complaint, the registered manager will start an investigation and within 14 days should be in a position to provide a full explanation to the complainant, either in writing or by arranging a meeting with the individuals concerned.
  • If the issues are too complex for the investigation to be completed within 28 days, the complainant will be informed of any delays.
  • Where the complaint cannot be resolved between the parties, an arbitration service can be used. This service and its findings will be final to both parties.

• Meeting:
  • If a meeting is arranged, the complainant will be advised that they may, if so desired, bring a friend, relative or a representative such as an advocate.
  • At the meeting a detailed explanation of the results of the investigation will be given, in addition to an apology if deemed appropriate (an apology is not necessarily an admission of liability).
  • Such a meeting gives the management the opportunity to show the complainant that the matter has been taken seriously and investigated thoroughly.

• Follow-up action:
  • After the meeting, or if the complainant does not want a meeting, a written account of the investigation will be sent to the complainant. This includes details of how to approach the CQC if the complainant is not satisfied with the outcome, utilising the Tell Us About your Care ‘button’ on their website.
  • The outcomes of the investigation and the meeting are recorded in the complaints file, and any shortcomings in company procedures will be identified and acted upon.
  • The clinic formally reviews all complaints at least every year as part of its quality monitoring and improvement procedures to identify the lessons learned.

Vexatious Complainers

This clinic takes seriously any comments or complaints regarding its service. However, there are individuals who can be treated as “vexatious complainers” due to the inability of the clinic to meet the outcomes of the complaints, which are never resolved. Vexatious complainers can be pointed to the CQC ‘Your Experience’ facility and the ombudsman.

Local Government Ombudsman (LGO)

Since October 2010 the Local Government Ombudsman (LGO) can consider complaints from people attending rehab. if the complaint concerns a personal care element of their treatment.

In most cases they will only consider a complaint once the care provider has been given reasonable opportunity to deal with the situation. It is a free service. Their job is to investigate complaints in a fair and independent way; they are not biased and do not champion complaints; they are independent of politicians, local authorities, government department, advocacy and campaigning groups, the care industry and the CQC; they are not a regulator and do not inspect care providers.

The LGO deals with individual injustices that people have suffered and the CQC will refer all such complaints to them. The CQC deals with complaints about registered services as a whole and does not consider individual matters. They can share information with the CQC but only when deemed appropriate. The CQC will redirect individual complaints to the LGO, and the LGO will inform CQC about outcomes that point to regulatory failures.

Relevant Contacts

Bedfordshire Police HQ
Woburn Rd, Kempston, Bedford, MK43 9AX
Tel: 01234 841212

The Local Government Ombudsman
10th Floor,
Millbank Tower,
Millbank,
London
SW1P 4QP
Advice Line Tel: 0300 061 0614 [for complainants]

To Raise Concerns, contact:
The Care Quality Commission
Citygate
Gallowgate
Newcastle upon Tyne
NE1 4PA
Tel. 03000 616161

They will take details of concerns and respond appropriately and proportionately to the information divulged.

Related Policies

Safeguarding Adults and Children Policy
Consent
Duty of Candour
Good Governance

Related Guidance

• Regulation 16 Receiving and acting on complaints
  https://www.cqc.org.uk/guidance-providers/regulations-enforcement/regulation-16-receiving-acting-complaints

• CQC Complaints Matter https://www.cqc.org.uk/sites/default/files/20141208_complaints_matter_report.pdf

• Regulation 20 Duty of Candour
  https://www.cqc.org.uk/guidance-providers/regulations-enforcement/regulation-20-duty-candour

• Local Government and Social care Ombudsman How to Complain
  https://www.lgo.org.uk/make-a-complaint

Training Statement

All staff, during induction are made aware of the organisation’s policies and procedures, all of which are used for training updates. All policies and procedures are reviewed and amended where necessary and staff are made aware of any changes. Observations are undertaken to check skills and competencies. Various methods of training are used including one to one, workbook, group meetings, individual supervisions and external courses are sourced as required.