Complaints Policy
Dealing with complaints Policy: CP027
Last Review Date: February 2015
Next Review Date: February 2017
Complaints Policy
- Introduction
This document sets out the procedure for investigating and responding tocomplaints that may be made about the services provided by Marillac Care.Copies of this document are readily available fromeach unit or department for easy reference, and are available from the administration department. Information about how to make a complaint is contained in the Residents’ Handbook. Where necessary, this complaints policy will be made available in other languages or in other formats and explained to residents and families.
Marillac Care is committed to creating an atmosphere where residents, relatives and staff feel free to voice any concerns or complaints that they may have with regard to the care provided.
We like to know that our residents are comfortable and well cared for. If residents feel that their stay is a positive experience, we would be delighted to hear this. However, if residents or families are unhappy with our facilities or service we want to know about it as soon as possible. We will then investigate the situation so that we can explain, apologise and take action where necessary.
All complaintswill be investigated fully, impartially and promptly. The aim is to satisfy the complainant, and anyone else concerned, that this has been done, and that the appropriate action has or will be taken.
Marillac Care undertakes:
- To listen carefully to complainants and to take their concerns seriously.
- To investigate all complaints thoroughly and to try to resolve them asquickly as possible.
- To be open and honest in response and to freely apologise wheremistakes have been made.
- To support staff at all times during the complaints process and to protectthem where a complaint is unjustified.
- To use complaints as a means to improve the service whereverappropriate.
- To disseminate any lessons learned throughout the whole service.
- What is a Complaint?
The following policy is designed to cover comments, dissatisfaction and complaints about any matters which give residents or relatives cause for concern.
General comments and suggestions affecting services, which do not constitute a complaint, will be investigated promptly to assess their practicability, and a reply made to the person concerned.
- Time Limits on Initiating Complaints
A complaint should be made as soon as possible after the event. In order to be accepted and investigated, it must be made within 12 months after the date the event occurred. These time limits may be extended if there are good reasons why the complaint could not be made any sooner and where it is still possible to investigate the facts of the case.
- Who May Complain?
Complaints will normally be made by residents or their families. Complaints on behalf of a resident will be investigated where:
- The resident has consented, or
- Where the resident cannot complain unaided, and lacks capacity within the meaning of the Mental Capacity Act 2005
- Where the representative is acting in the resident’s best interest.
Where a resident has the capacity to do so, written permission to disclose information should be provided by the resident. Any request for care records in connection with a complaint should be made in writing to the Executive Director/ Registered Manager. Only the Executive Director / Registered Manager or the deputy is authorised to release notes or resident information. Access to health records is controlled by law and Marillac Care will be obliged to provide access in accordance with current legislation.
A situation could arise where a resident does not agree with a complaint being made by relatives. In these circumstances the confidentiality and wishes of the resident are paramount.
- Initial Response
The first responsibility ofa recipient of a complaint is to ensure – before doing anything else – that the resident’s immediate care needs are being met. This could require urgent action before anymatters relating to the complaint are investigated.
- Overview of the Procedures for Handling Complaints
Complaints may be informal verbal complaints or formal (usually written) complaints. Formal written complaints can also have three stages: the first stage (local resolution) is where Marillac Care investigates and responds to the complaint and seeks to resolve the concern. If the complainant remains dissatisfied with the response from Marillac Care and wishes to take the matter further, they can then seek a review of the complaint by the Proprietor, and if dissatisfied with this response, can take up the matter with the Local Government Ombudsman.
Complaints will be acknowledged within 3 working days, by letter or email by the Executive Director/ Registered Manager. A written response to the investigated complaint will be forwarded to the complainant within 28 days of receipt of the complaint. If a complaint is complex and takes longer to resolve than 28 days, we will explain this to the complainant and update them on progress. We aim to have all complaint investigations completed within six months.
In the following sections, more detailed information is provided about each of these stages in the complaints process.
- Adverse Comments/Informal Complaints
The aim is to achieveresolution as soon as possible, and as far as possible, staff are encouraged to tryto resolvecomplaints on the spot as quickly as possible. Many of the matters that trouble residents, and those acting on their behalf, can be dealt with informally.
Any comments or misgivings voiced should be listened to sympathetically. Often an acceptable explanation or resolution can be provided at the time. If a solution is not found immediately, a plan of action or investigation should be fully explained to the complainant.
The person receiving the complaint should agree with the Clinical Service Manager or head of department:
- Immediate action to rectify specific problems
- Any further investigation of the complaint
- To make further contact with the complainant if required
- A deadline should be set for the action to be completed
A written record of the matter is made by the person receiving the complaint and reported to the Senior Nurse on duty or head of department, who will inform the Director of that area as soon as possible.
The plan of action must be followed up by the stated date and the outcome reported back to the complainant by the Clinical Service Manager/head of department or someone designated by them e.g. key worker. This communication with the complainant should be recorded.
- Formal Complaints
A complaint may be formal at the outset depending on the level of concern of the complainant and the seriousness of the complaint. Alternatively, when an informal verbal complaint cannot be resolved by the manager and the complainant remains dissatisfied, the complainantshould be invited to put his/her concerns in writing, and this will be treated as a formal complaint.
Formal oral complaints can be made in person or by telephone, in which case the person receiving the complaint will write the complaint down and check with the complainant that the complaint has been properly understood. A copy will then be sent to the complainant within 3 days. However, complainants wishing to make a formal complaint should be encouraged to put the complaint into writing where possible, so that thenature of the complaint is clear.
A written record should be made by the senior nurse or head of department, even if the complainant appears satisfied by an explanation or action to solve the problem. On the same day, Executive Director/ Registered Manager (or in their absence the Director for the area concerned) should be informed and given a written record of the complaint and actions taken to resolve the complaint.
Where complaints are made in writing, they should be addressed to the Executive Director/ Registered Managerat the following address:
Marillac Care
Eagle Way
Brentwood
Essex
CM13 3BL
Complaints can also be made by email to:
- Formal Complaints – Stage 1 (Local Resolution)
An acknowledgment should be sent within 3 working days from the Executive Director/ Registered Manager, either by post or email, and the response will name the person dealing with the complaint, i.e. investigating officer.
The named Investigating Officer will be given a brief and a written record of the complaint from the relevant director and will meet with the complainant. The complaint will then be formally investigated.
Sometimes staff members may be required to attend a meeting with complainants with the aim of helping resolution if the Investigation Officer deems such a meeting to be useful. Where a staff member has been implicated by name, they will receive an explanation of the investigation process.
When an InvestigatingOfficer has finished an inquiry she/he should completean investigation report, which will contain details of findings and if necessary an action
plan to prevent the situation happening again. The outcome of the report will becommunicated to the complainant in the form of a letter with a clear apology if thecomplaint was found to be justified. The response letter signed by the Executive Director /Registered Manager or his/her appointed deputy will be forwarded to the complainant within 28 days of the initial complaint. The response letter will describe the investigation, the conclusions reached, and any remedial action needed or already taken. It willalso include information for the complainant about what he/she can do to follow up the complaint if the complaint isnot resolved to his/her satisfaction. The complainant will normally be offered the opportunity todiscuss the contents of the letter further with the relevant Director.
Where an individual member of staff has been implicated by name, a copy of theresponse letter will be forwarded to that member of staff.
- Anonymous Complaints
Compliment andfeedback cards are available in every unit, therapy department, cafeteria and general purpose notice board. Residents, families, staff and other professional are encouraged and supported to give their feedback. Where the feedback constitutes a complaint, the issue will be dealt with under this policy. When it is not known who has written the complaint, the concern will still be investigated and action taken where required.
- Formal Complaints - Stage 2
If the complainant remains dissatisfied with the formal response to the complaint by Marillac Care, he/she can write to the Proprietor at the address below. In this letter, the complainant should identify with which aspects of the complaint they remain dissatisfied.
Sister Provincial
Provincial House
The Ridgeway
Mill Hill
London
NW7 1RE
Telephone – 0208 906 3777
Email -
On receipt of the request to take a complaint to the second stage, the Proprietor will acknowledge receipt of the request within three working days. This letter will ask the complainant to identify the outstanding areas of concern, if this is not already clear from the request.
The Proprietor will review the investigation, the response made to the complaint, and the way in which the complaint has been managed. Following this review, the Proprietor will respond to the complainant within 28 days of the request to state her own conclusion and whether or not she supports the conclusions drawn and actions taken by Marillac Care. Alternatively, the Proprietor may require Marillac Care to undertake further investigation in specific areas.
- Formal Complaints - Stage 3
In the unlikely event that Marillac Care or the Proprietor are unable to resolve the complaint, the complainant may ask for the complaint to be reviewed by an independent body.
If the Complainant is still not satisfied he/she can write to the Local Government Ombudsman at the following address, and the Ombudsman will review their compliant.
Local Government Ombudsman
10th Floor
Millbank Tower
Millbank
SW10P 4QP
Tel: 0300 061 0614
The Care Quality Commission (CQC) is the regulator of Marillac Care and can be contacted about concerns,although this body does not investigate complaints relating to individuals except for those relating to the Mental Health Act. Their address is as follows:
Care Quality Commission
East Region
City gate
Gallowgate
Newcastle Upon Tyne
NE1 4PA
Tel: 03000616161
Email:
- Independent Advice and Advocacy
Complainants will receive assistance to enable them to understand the complaints procedure and for the residents this will be their Named Nurse or Key Worker who will also support their relatives with the complaints process.
Complainants will be supported in contacting an independent advice and advocacy service if necessary. The following service may be of use.
BATIAS
Independent Advocacy Service
Hamelin Trust Building
19 Radford Crescent
Billericay
Essex, CM12 ODU
Tel 01277 623655
- Legal Matters
The complaints procedure will be stopped if the complainant explicitlyindicates anintention to take legal action in respect of the complaint.
Matters relating to any complaints, which have a significant possibility of litigation,should be handled by the Executive Director/ Registered Manager with advice from the organisation’s legal advisors, insurers and professional bodies representing members of staff.
The possibility of legal proceedings should not prevent managers from continuing any investigations to uncover faults in systems and practice, or making recommendations to prevent reoccurrence of problems.
Where allegations are serious and may constitute a criminal offence, the Executive Director/ Registered Manager should be informed and the police must be notified immediately.
- Disciplinary Action
A case for considering disciplinary action against a member of staff can be suggested at any point during the complaints procedure. Consideration as to whether or not disciplinary action is warranted is a separate matter for management, outside the complaints procedure, and must be subject to a separate process of investigation in linewith appropriate HR policies.
- External Investigations
This procedure does not preclude any separate investigation by the Care Quality Commission or Safeguarding Network. If an external investigation takes place in relation to the complaint, Marillac Care will normally wait for this investigation to conclude before giving a final response to the complainant.
- Recording and Management of Complaints
A register of complaints will be maintained by the administrative assistant to the Executive Team, including copies of the paperwork and associated reports.
Informal and formal complaints will be reviewed at the Executive Team Meetings.
The Director of the area relating to the complaint, and the Executive Team as a whole, will ensure that lessons from complaints are learned and any necessary improvements to systems or practice are implemented.
- Responsibilities within Marillac Care
The Executive Director/ Registered Manager will ensure that there is a co-ordinated, effective system forreporting, investigating, monitoring, recording and responding to complaints.
Directors are responsible for ensuring that: those dealing with complaints are appropriately briefed about the procedure; complaints in their areas are investigated thoroughly, promptly and fairly; the results of complaint investigations are communicated effectively to residents/families; and that lessons learned are implemented to improve services.
All health care professionals and all other disciplines who manage care should make themselves aware of the contents of this policy.
Any member of staff involved in a complaint will normally be informed straight away, andmust co-operate by providing full details related to their involvement in the matter. Staff
will be fully informed of any allegations made and given the opportunity to reply. Formal
disciplinary action will be applied if staff refuse to co-operate in this process.
- Policy/Procedural guideline reference information.
Clinical procedure No: / CP027
Date Approved by Executive Team: / March 2009
Last Review Date: / February 2012
Next Review Date: / February 2015
Lead Nurse / Director of Clinical Services
Director Responsible for Monitoring this Policy: / Executive Director/ Registered Manager
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