Complaints Policy & Procedure
Numada – The
Complaints Procedure
The care service works on the basis
that wherever possible, complaints are best dealt with directly with the
service users by its staff and management, who will arrange for the appropriate
enquiries to be made in line with the nature of the complaint. This can involve
using an independent investigator as appropriate or if the complaint raises a
safeguarding matter a referral to the local safeguarding adults authority.
In line with national guidance, the
care service then recognises that if the complaint is still not resolved, the
complainant has a right to take their complaint to the body responsible for the
commissioning of the service, eg local authority and/or health service (again
depending on the nature of the complaint and type of service involved). A
self-funding service user whose care and support has no local authority
involvement is entitled to go directly to the LGSCO for resolution.
If complainants are still
dissatisfied with the management and outcome of their complaint, the care
service is aware that they can refer the matter to the LGSCO/Health Service
Ombudsman in respect of some private healthcare providers through the IHAS for
external independent adjudication.
The care service makes its users
aware that the Care Quality Commission (CQC) does not investigate any complaint
directly, but it welcomes hearing about any concerns. It accordingly provides
users with information about how to contact the CQC by referring them to the
CQC’s leaflet How to Complain About a
Health or Social Care Service (July 2013) (available on the CQC website).
The care service also sends to the
CQC any information about complaints requested or required as part of CQC’s
compliance reviewing policy.
In the event of the complaint
involving alleged abuse or a suspicion that abuse has occurred, the care
service refers the matter immediately to the local safeguarding adults’
authority, which will usually call a strategy meeting to decide on the actions
to be taken next. This could entail an assessment of the allegation by a member
of the Safeguarding Authority team.
The care service will also notify
the CQC under the (revised) Care Quality Commission (Registration) Regulations
2009, Regulation 18(e) Notification of Other Incidents of “any abuse or
allegation of abuse in relation to a service user”.
The care service adopts the
following procedures for responding to complaints and concerns made verbally to
staff or to managers.
- All
verbal complaints, no matter how seemingly unimportant, are taken seriously and
are immediately acknowledged as concerns.
- Front-line
care staff who receive a verbal complaint are instructed to address the problem
straight away.
- If
staff cannot solve the problem immediately they should offer to get the manager
to deal with the problem.
- All
contact with the complainant should be polite, courteous and sympathetic. There
is nothing to be gained by staff adopting a defensive or aggressive attitude.
- At
all times staff should 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 an advocate 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 advocate has the right or power 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
talking the problem through, the manager or the member of staff dealing with
the complaint will suggest a course of action to resolve the complaint. If this
course of action is acceptable then the member of staff will clarify the
agreement with the complainant and agree a way in which the results of the
complaint will be communicated to the complainant (ie 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 and give them a copy of the complaints procedure.
- Details
of all verbal complaints are recorded in the complaints book by the staff or
managers who receive the complaint and on the individual’s care records with
information on how a specific matter was addressed.
The care service adopts the
following procedures for responding to written complaints.
- When
a complaint is received in writing it is passed on to a named person, eg the
registered manager or registered provider/complaints manager who records it in
the complaints book and sends an acknowledgement letter within two working
days, which describes the procedure to be followed.
- The
complaints manager/named person is responsible for dealing with the complaint
throughout the process, including for any investigations carried out by an
independent person, who will report to the named person/complaints manager.
- If
necessary, further details are obtained from the complainant by the person
carrying out the investigation. If the complaint is not made by the service
user but on the service user’s behalf, then consent of the service user,
wherever practical in writing, is obtained from the complainant to provide that
information.
- If
the complaint raises potentially serious matters, advice will be sought from a
legal advisor. If legal action is taken at this stage any investigation under
the complaints procedure should cease immediately pending the outcome of the
legal intervention.
- A
complainant, who is not prepared to have the investigation conducted by the
care service or its parent organisation or is dissatisfied with the response to
the complaint, is advised to contact the organisation or organisations
responsible for commissioning their services (local authority and/or health
service) for a review of their complaint.
- The
complainant then has the option of taking the matter to independent external
adjudication and will be referred to the information provided by the CQC in its
leaflet How to Complain About a Health or
Care Service (February 2014).
- If
the complaint involves safeguarding issues requiring an alert to the local
safeguarding authority, the care service will follow the safeguarding
procedures, carrying out any internal investigation in line with any plan
agreed with the safeguarding staff (with information shared with the CQC).
- Immediately
on receipt of a written complaint, the care service will launch an
investigation and aims within 28 days 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 to complete the investigation within 28 days, the
complainant will be informed of any delay and the reason for the delay.
- If
a meeting is arranged the complainant is advised that they may, if they wish,
bring a friend or relative or a representative such as an advocate.
- At
the meeting, a detailed explanation of the results of the investigation is
given and an apology if it is deemed appropriate (apologising for what has
happened need not be an admission of liability).
- Such
a meeting gives the organisation the opportunity to show the complainant that
the matter has been taken seriously and has been thoroughly investigated.
- After
the meeting, or if the complainant does not want a meeting, a written account
of the investigation is sent to the complainant.
- This
includes details of how to take the complaint to the next stage if the
complainant is not satisfied with the outcome.
- The
outcomes of the investigation and the meeting are recorded in the complaints
book and any shortcomings in procedures are identified and acted upon.
- The
management reviews all complaints to determine what can be learned from them.
It regularly reviews the complaints procedure to make sure it is working
properly and is legally compliant.
Click here for full complaints policy and procedure
To view our complaints policy & procedure Click here
Please follow the link below to read CQC’s guidance regarding complaints:
Please follow the link below to read CQC’s guidance regarding complaints
