HARMENY EDUCATION TRUST LIMITED

COMPLAINTS PROCEDURE

1. BACKGROUND

Harmeny welcomes feedback in relation to all of our services and we very much value the views of children, parents / carers, professionals and members of the publicregarding what is working well, or how we might make improvements.

We understand that, from time to time, individuals may not be happy with an aspect of our services and it is important that they have the opportunity to tell us so that we can put it right. Our aim is to seek to resolve the complaint as quickly as possible.

2. THE SOCIAL WORK MODEL COMPLAINTS HANDLING PROCEDURE

Harmeny is committed to the standards set out within theSocial Work Model Complaints Handling Procedure (SPSO) which local authority social care services and those service providers contracted to deliver services on their behalf required to implement on 1st April 2017.

The following procedures are therefore compliant with the SPSO requirementsand will be applied in conjunction with the guidelines set out in the SPSO.

3. STAGES OF COMPLAINT HANDLING

Harmeny’s complaints procedure comprises two stages:

3.1 Frontline Resolution (Informal Stage)

Frontline resolution will be used for issues or concerns that are straightforward and easily resolved, requiring little or no investigation.

Appropriate responses may include ‘on the spot apology’, explanation or other action to resolve the complaint quickly ideally within five working days from the date the concern was received by the relevant staff member or manager, unless there are exceptional circumstances, in which case an extension of up to ten working days will be agreed, where this will more than likely allow the concern to be resolved. All attempts to resolve a concern at this stage must take no longer that 15 working days from the date the concern was received by the relevant staff member or manager, however the timeline should be kept to a minimum.

Concerns will be addressed by a member of staff, or alternatively referred to the appropriate manager for frontline resolution.

Details of the concern, the outcome and action taken will be recorded accurately on Harmeny’s complaints system and updated accordingly, with the information being used for service improvement.

A concern will be escalated to a complaint and the investigation stage if:

  • Frontline resolution was tried but the complainant remains dissatisfied and requests an investigation into the complaint.
  • The complainant refused to take part in the frontline resolution process
  • The issues raised are complex and require detailed investigation
  • The complaint relates to serious, high-risk or high-profile issues.

3.2 Investigation (Formal Stage)

3.2.1 Process and Timescales

The Investigation / Formal Stage will be used for issues that have not been resolved at the frontline stage or are complex, serious or ‘high risk’.

We will aim to acknowledge your complaint within 3 working days and to provide a definitive response within 20 working days from the date the complaint was received by the relevant staff member or manager, following a thorough investigation of the points raised. However, under exceptional circumstances, an extension will be agreed by senior management, where there are clear and justifiable reasons to do so, with the reasons for the extension being clearly communicated with the complainant.

An investigation aims to establish all the facts relevant to the points made in the complaint and to give the customer a full, objective and proportionate response that represents our final position. The process will include the following:

  • Clarity will be required regarding exactly what is being investigated and to ensure both the complainant and the service understand the investigation’s scope.
  • Discussion with the complainant at the start may be necessary in order to confirm these points at the outset, to establish why they are dissatisfied and whether the outcome they are looking for sounds realistic. Three questions will be key to this:

i)What specifically is the complainant’s complaint/s?

ii)What does the complainant wish to achieve by complaining?

iii)Are the complainant’s expectations realistic and achievable?

  • It may be that the complainant wants more than we can provide and we need to make this clear from the beginning.
  • Where possible, we will clarify what additional information we will need to investigate.
  • The preferred method of communication will be established.
  • Details of the complaint will be recorded on Harmeny’s complaints system and updated when the investigation ends.
  • The investigation officer will have full access to all casenotes and information from the frontline stage, if this has taken place.

Responses will be signed off by an appropriate manager.Senior management will have an active interest in complaints and use the information gathered to improve services.

Mediation or conciliation by a suitably trained and qualified mediator will be considered in order to try and resolve matters, if necessary and appropriate.

3.2.2 Communicating the Outcome

The complainant will be notified in writing, or by their preferred method of contact. Our response will address all areas that we were responsible for and explain reasons for our decision, taking an appropriate approach to confidential information.

The information will be recorded, including details of how it was communicated with the complainant, on the complaints system. We will also make clear to the complainant:

  • Their right to an appeal
  • The time limit for doing so
  • How to contact the appropriate appeal officer

In addition, complainants will be advised of their right to complain to the Care Inspectorate where appropriate (see section 10, below), as well as the SPSO (see section 3.2.3 below).

3.2.3 Scottish Public Services Ombudsman

The Scottish Public Services Ombudsman (SPSO) is the final stage for complaints about public services in Scotland. This includes complaints about services commissioned by local authorities, such as Harmeny.

If you remain dissatisfied when you have received a final response, under Harmeny’s Investigation / Formal Stage, you can ask the SPSO to look at your complaint. The SPSO cannot normally look at complaints:

  • Where you have not gone all the way through Harmeny’s Complaints Procedure
  • More than 12 months after you became aware of the matter you want to complain about
  • That have been or are being considered in court.

The SPSO’s contact details are:

Address: SPSO, 4 Melville Street, Edinburgh, EH3 7NS

Post:SPSO, Freepost, EH641, Edinburgh, EH3 OBR

Freephone: 0800 377 7330

Online contact:

Website:

Mobile site:

4. PROCEDURES/PROCESS FOR CHILDREN

4.1Harmeny has developed a children’s booklet, called ‘My Book About Harmeny’, which allows children and young people to express concerns they might have about any aspect of our service. The booklet is individualised for each child and is completed by staff alongside children within the pre-admission and early stages of their placement. Revisiting the booklet on a regular basis is then required. The booklet not only contains details of life in the cottages and schoolbut also contains key people children may wish to contact if they have any concerns or worries.

4.2On a day-to-day basis,children can speak to any member of staff about worries or concernsthey might have. Some children may find this hard to do and so they also have the opportunity to raise worries or concerns using a ‘worry card’ or another communication system deployed within residential cottages, day or education services. Children also have regular opportunity to raise worries or concerns with a Children’s Rights Officer or Who Cares? Scotland Worker.

4.3The majority of issues raised by children on a day-to-day or regular basis, tend to be matters relating to peer relationships, daily living, etc., and are usually fairly simply resolved.It would be expected that these matters will be resolved at the ‘lowest possible level’ by the staff member who has received the concern (Stage 1 Response).

4.4If a concern or complaint raised by the child cannot be resolved at the ‘lowest possible level’ or is considered more serious by the staff member, the staff member who has received the concern or complaint, should immediately pass it on to the Duty Manager, On-call Manager or a member if the Senior Management Team, who will assess whether the issue should be dealt with as a Stage 2 response and if so, delegate the investigation and response to an appropriate manager.

4.5The appropriate manager will arrange for the child to have support in relation to communicating their complaint, for example by a member of staff with whom the child has a positive, trusting relationship and / or arranging independent advocacy through Who Care Scotland?, as appropriate.

4.6If a child raises a serious matter such as a child protection issue, then Harmeny’s Child Protection Procedures must be followed, including the completion of a CP1 Form and immediate informing of the Duty Manager, On-call Manager or a member of the Senior Management Team. The staff member at this point will only be required to obtain the child’s story – they are not required to formally interview the child or stray into areas which might contaminate other investigation processes.

4.7Children will be kept informed of the timescale within which their concern or complaint will be dealt with.

5. PROCEDURESFOR PARENTSPROFESSIONALS

5.1Parents, carers and professionals can also raise issues of concern on a day-to-day basis, verbally or in writing. The raising of issues at reviews and formal meetings is also available. In these instances, it is anticipated that the majority of concerns raised will be resolved ‘at the lowest possible level’ (Stage 1 Response).

5.2If resolution at that level cannot be achieved, amanager should become involved. If the parent, carer or professional considers the matter to be serious, they can make a formal complaint to a manager, who will assess whether the issue should be dealt with as a Stage 2 response and if so, delegate the investigation and response to an appropriate manager.

5.3Wherever possible, resolution of the concernor complaint will be sought as soon as possible. The staff member who has initially received the concern or complaint will identifyan appropriate manager from the relevant department to deal with and respond to the concern or complaint, as follows:

  • Within theEducation Service, if the concern or complaint relates to an education or outdoor learning issue
  • Within the Care Service, if the concern or complaint relates to a residential care or day service issue
  • Within Support Services, if the matter relates to administration, catering and domestic, estate, finance, human resources or learning and development functions.

5.4If any delay is envisaged in relation to resolving the complaint, for example due to staff absence,a manager from the relevant department will inform the parent or professional of the reason why it has not been possible to progress the issue within the timescales set out in section 3, above. The matter will be dealt with as quickly as possible, with the manageradvising the parent, carer or professional of aresponse time frame.

5.5Whilst all complaints and concerns will be acknowledged at the earliest opportunity, it may be that a resolution will not be possible until a meeting is held within Harmeny between staff and, if appropriate, other key professionals. It may also be the case that an external meeting between professionals in other organisations or bodies (for example within Education, Health or Social Services, or at a Children’s Hearing) will be required before the complaint or concern can be fully resolved.

5.6Matters raised which appear to be of a more serious nature and/or child protection issues, must be raised with a managerimmediately. Child protection procedures or responses from school management will then be triggered.

6. MEMBERS OF THE PUBLIC

Members of the public can raise a concern or complaintregarding Harmeny verbally or in writing with any staff member, who will pass on the concern/complaint to the relevant manager. They can also contact the relevant senior manager, should they wish to make aformal complaint (see section 9 for contact details).

7. LEARNERS & STUDENTS

Learners from external organisations participating in training led by Harmeny staff or the Harmeny SQA Centre can raise a concern or complaint with the course facilitator, or by contacting the organisation directly (see section 9 for contact details). A separate complaints procedure exists for Harmeny SQA Centre, which will be the relevant procedure for candidates undertaking a course through the centre.

Students placed at Harmeny can raise a concern or complaint with their Harmeny practice teacher or another manager, as appropriate. Consideration will be given as to whether the complaint should be dealt with under Harmeny’s Complaints Procedure, their college / university complaints procedure, or both.

8. RECORDING OF COMPLAINTS

A simple recording sheet will be used which will follow the concern or complaint until resolution and will be stored within the appropriate location, and within our complaints recording system, in line with Data Protection and GDPR requirements.

9. MAKING A FORMAL COMPLAINT TO HARMENY

If you wish to make a formal complaint to Harmeny, please contact one of the following senior managers, at the address below, who will consider the most appropriate person to deal with your complaint.

  • Craig Paul, Head of Care, for issues relating to care
  • Mandy Shiel, Head of Education, for issues relating to education
  • Nicky Findlay, Head of Finance & Estates, for issues relating to finance, the estate, or catering and domestic functions
  • Steven Still, Head of HR & Workforce Development, for issues relating to administration, external training, or the Harmeny SQA Centre.

Address:Harmeny Education Trust

Harmeny School
Mansfield Road
Balerno
EH14 7JY

Tel: 0131 449 3938

Email:

Website:

10. MAKING A COMPLAINT TO THE CARE INSPECTORATE

Harmeny’s school care accommodation services areregulated by the Care Inspectorate and complaints can also be made directly to them, as follows:

Care Inspectorate

South East Region
Stuart House
Station Road, Eskmills
Musselburgh
EH21 7PB

Tel: 0131 653 4100

Email:

Website:

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Updated: Feb 2018