Complaints Procedure Plus Form

Scope

• Policy Statement
• The Policy
• Aim of the Complaints Procedure
• Responsibilities
• Complaints Procedure
• Vexatious Complainers
• Accessibility
• Local Government Ombudsman (LGO)
• Local Authority-funded Clients
• Relevant Contacts
• Related Policies
• Related Guidance
• Training Statement
• Complaints Form

Policy Statement

Constantia Care Ltd’s policy is intended to comply with Regulation 16 CQC (Care Quality Comission) regulations.

This organisation accepts the rights of clients, their advocates, carers and others involved in a clients care to make complaints and to register comments and concerns about the services received. It further accepts that the complainant 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 clients and their relatives, carers, and advocates 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, the complainant’s 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 clients, their advocates and carers. Clients or their advocates are informed about our complaints policy at the initial assessment stage and a hard copy of this policy and proecedure is in every client home in the client file.  Carers are informed of our complaints policy during their induction and have access to this via the Access Care Planning application (ACP).

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

1. Ensure that the complaints process is accessible.
2. Ensure that the complaints process is straightforward for clients and their representatives.
3. Ensure that an appropriate system is in place to keep clients informed throughout the complaints process.
4. Ensure that the complaints process is resolution focused.
5. 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 clients, carers and others involved in the clients care feel confident that their complaints and worries are listened to and acted upon promptly and fairly. Specifically, we aim to ensure that:

• Clients, carers, and their representatives are aware of how to complain, and that the company provides easy-to-use opportunities for them to register their complaints.
• Every written complaint is acknowledged within three working days.
• All complaints are investigated within 14 days of being made.
• All complaints are responded to in writing within 14 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 clients, their advocates and Carers.

Responsibilities

The Registered Manager is responsible for overseeing that the complaints policy and procedure is executed correctly and escalated to the appropriate department Manager. The Registered Manager will also be involved in complaints handling wherever necessary.  The Registered Manager is responsible for reviewing and auditing the Complaints, Comments and Compliments matrix on a monthly basis to ensure that Constantia Care is acting on complaints appropriately.

Complaints Procedure

Verbal Complaints

• The organisation accepts that all verbal complaints, no matter how seemingly unimportant, must be taken seriously.
• Front-line Carers 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 escalate the problem to a member of the office staff, likely, their Care Coordinator.
• The member of staff must aim to understand the complaint and escalate this to the appropriate department manager.
• 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 client by an advocate, it must first be verified that the person has permission to speak for the client, especially if confidential information is involved. It is very easy to assume that the advocate has the right or power to act for the client when they may not. If in doubt, it should be assumed that the client’s explicit permission is needed before 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, the member of staff should clarify the agreement with the complainant and agree on a way in which the results of the complaint will be communicated to the complainant (i.e., through meetings where minutes are taken or written correspondence).
• If the suggested plan of action is not acceptable to the complainant, the member of staff or manager will escalate the complaint 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 verbal and written complaints must be recorded on the CCC matrix.

Serious or Written Complaints

Preliminary steps:

When we receive a written complaint, it is passed to the appropriate department manager and the complainant will receive written confirmation of the complaint within 3 working days.

Should the complainant request an additional copy of our complaints procedure, this will be provided by the complaint receiver.

If necessary, the member of staff dealing with the complaint will ask the complainant for further details. If the complaint is not made by the client but on the client’s behalf, the consent of the client (whilst working in line with the Mental Capacity Act 2005), preferably in writing, must be obtained from the complainant where required.

If the complaint raises potentially serious matters, advice could be sought from the Safeguarding Lead and legal advisor. If legal action is taken at this stage, any investigation by the organisation under the complaint’s procedure ceases immediately.

Investigation of the complaint by the organisation:

Immediately on receipt of the complaint, the member of the management team to whom the complaint has been escalated to 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 14 days, the complainant will be informed of any delays.

Where the complaint cannot be resolved between the parties, an arbitration service will be used. This service and its findings will be final to both parties. The cost of this will be borne by the organisation.

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 allows the management 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 link below to their website in order to give feedback:

https://www.cqc.org.uk/give-feedback-on-care

The outcomes of the investigation and the meeting are recorded on the CCC Spreadsheet  and any shortcomings in company procedures will be identified and acted upon.

The company management formally reviews all complaints monthly as part of its quality monitoring and improvement procedures to identify the lessons learned.

Vexatious Complainers

Constantia Care takes seriously any comments or complaints regarding its service. However, there are clients who can be treated as ‘vexatious complainers’ due to the inability of the organisation to meet the outcomes of the complaints, which are never resolved. Vexatious complainers need to be dealt with by the arbitration service so that repeated investigations become less of a burden on the organisation, its staff, and other clients.

Accessibility

Policies and procedures are available in accessible formats, well publicised, readily available and accessible to individuals using the service, their families, significant others, visitors, staff and others working at the service.

Accessible Information Standard (AIS): Constantia Care adheres to the AIS. We have an obligation to ensure that any information we are sharing with you is accessible based on your communication needs. We will be able to provide you with the appropriate information and tools so that you can communicate effectively with us so please let us know if you would like a specific format of communication e.g. larger font, brail, audio recording, British sign language, email, telephone. You can contact us on 02076249966 via email at info@constantiacare.co.uk, or via our website chat portal online at www.constantiacare.co.uk.

Local Government Ombudsman (LGO)

Since October 2010 the Local Government and Social Care Ombudsman (LGO) can consider complaints from people who arrange or fund their own adult social care. This is in addition to complaints about care arranged and funded by local authorities (LAs).

The LGO’s role includes those who self-fund from their resources or have a personalised budget. It will ensure that everyone has access to the same independent ombudsman service, regardless of how the care service is funded. In most cases, they will only consider a complaint once the care provider has been given a reasonable opportunity to deal with the situation. It is a free service. Its job is to investigate complaints fairly and independently; it is not biased and does not champion complaints; it is independent of politicians, LAs, government departments, advocacy and campaigning groups, the care industry, and the CQC; it is not a regulator, and it does not inspect care providers.

The LGO is fully independent of the CQC. It 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 the CQC about outcomes that point to regulatory failures.

Local Authority-funded Clients

Any client part or wholly funded by their LA can complain directly to the complaints manager (adults) who are employed directly via the LA.

Relevant Contacts

Citizens Advice Bureau:

www.citizensadvice.org.uk
0800 144 8848

The Parliamentary and Health Service Ombudsman

Millbank Tower

Millbank

London, SW1P 4QP

Tel. 0345 015 4033

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

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

Related Policies

Accessible Information and Communication

Adult Safeguarding

Audits

Consent

Dignity and Respect

Duty of Candour

Good Governance

Related Guidance

Resources and guidance for Social Care providers:

https://www.lgo.org.uk/adult-social-care/resources-for-care-providers  

Concerns about a care service:

https://www.scie.org.uk/  

CQC 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

CQC Regulation 20: Duty of Candour:

https://www.cqc.org.uk/guidance-providers/regulations-enforcement/regulation-20-duty-candour

Local Government and Social Care Ombudsman Annual Review of Complaints:

https://www.lgo.org.uk/information-centre/reports/annual-review-reports 

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, online, workbook, group meetings, and individual supervisions. External courses are sourced as required.

This policy will be reviewed by the Registered Manager.

Signed:                                    Ellie Edwards

Date:                                       02.02.2024

Review:                                   01.06.2024