Complaints, Suggestions and Compliments Policy

4. Policy

4.1  Complaints

• Age UK Medway understands complaints to be an expression of dissatisfaction requiring a response, communicated verbally, electronically, or in writing. Complaints may be made by any users of the service, their family or advocate acting on their behalf, with their consent or in their best interests
• Age UK Medway takes complaints seriously. They will aim to put things right that have gone wrong and learn lessons to avoid the problem happening again. This policy sets out the framework for how the service will achieve this. The detail of how the service will do this will be found in the associated procedures
• Age UK Medway will comply with legislation, national guidelines, regulation and best practice when managing complaints and suggestions. A systematic approach will be taken with all aspects of complaints and suggestions
• Complaints or concerns by staff will be addressed via the Grievance process if the complaint or concerns relates to them individually or Whistleblowing procedure where a protected disclosure is made
• Age UK Medway understands their statutory obligations in respect of the Duty of Candour and will ensure they follow agreed policy and procedure

4.2  Seeking Views and Engaging with Service Users

Age UK Medway will seek out opportunities to obtain feedback from Service Users and stakeholders. Age UK Medway will act with sensitivity, integrity and professionalism by treating individuals that do complain or raise a suggestion with compassion, courtesy and respect. The service will protect Service User's right to confidentiality. The service will ensure that alternative methods of communication are available so that the complaints and suggestions procedures are accessible for Service Users who experience difficulties with communication or whose first language is not English.

Staff will undertake training on how to manage complaints in line with their role and responsibilities.

4.3  The organisation understands that it can be difficult to separate a complaint from a concern, therefore, Age UK Medway will follow this policy when any dissatisfaction arises with the service.

4.4  A full record will be held of all complaints received regardless of the level of seriousness and means of communication. This approach allows an open and transparent culture around raising concerns in the earliest stage to allow resolution. A record of the complaint will also be held in the Service User care file and reported in line with contractual or regulatory requirements.

4.5  Safeguarding Concerns

Where a complaint or concern is raised that relates to a Service User being harmed or likely to be harmed, the organisation will follow their Safeguarding Policy and Procedures in addition to the complaints procedures, seeking advice and guidance from the Local Authority Safeguarding Adults team. The organisation will also notify CQC in line with our statutory duty.

4.6  Roles and Responsibilities All Staff

It is acknowledged that all staff working within Age UK Medway could be presented with an individual wishing to raise a concern or complaint at any time, therefore staff need to be able to manage this in a sensitive, structured and timely manner. In order to do this staff should:

• Be trained on induction and as a routine measure to ensure knowledge is embedded and refreshed around the complaints procedure
• Have access to the complaints procedure
  • Be provided with the opportunity to reflect and learn from complaints as a means to developing and driving quality care
  • Appreciate that any feedback from Service Users or their representatives that is of concern needs immediate resolution, where possible, to their satisfaction. Care Plans will be updated to reflect the planned changes to care and the Registered Manager informed of the feedback. Failing to do this could result in a complaint
  • Be clearly advised that on presentation of a complaint, swift escalation to management is necessary and purposefully withholding or concealing of concerns expressed by Service Users or their representatives could lead to disciplinary action

5. Procedure

5.1  Raising Complaints

A complaint can be received by Age UK Medway either verbally or in writing and can be made by: 

• Service Users
• Someone acting on behalf of a Service User and with their written consent, e.g. an advocate, relative, Member of Parliament
• Someone acting on behalf of a Service User who is unable to represent his or her own interests, provided this does not conflict with the Service User’s right to confidentiality or a previously expressed wish of the Service User

Age UK Medway should ensure that Service Users are given information on how to make a complaint and the process once a complaint has been made, including any agreed timescales.

5.2  Time Limits for Submitting a Complaint

Complaints should be submitted within 12 months of the incident or concern arising. The time limit, however, can and should be waived, if:

• It is still practical and possible to investigate the complaint (the records still exist and the individuals concerned are still available to be questioned, etc.) and
• The complainant can demonstrate reasonable cause for delay in making the complaint It is at the discretion of the manager of the service if the time limit can be set aside.

5.3  Complaints Procedure:

Step 1

When a complaint is raised to staff, staff will make an effort to resolve it immediately to the satisfaction of the complainant.

Step 2

Staff will apologise for the fact there was the need to complain in the first instance and explain the complaints process as described in the procedure steps.

Step 3

Staff will report the complaint to the most senior member of staff on duty and the complaint will be logged.

Step 4

Formal acknowledgement of the complaint will be sent within 72 hours of receipt to the complainant, this could be via letter or email. Age UK Medway will have a local system in place to manage out-of-hours and weekend complaints received.

The acknowledgement will include:

• An invitation to meet and discuss the complaint
• Who will be investigating the complaint
• How the investigation will be handled - the response should state what the investigation will be focussed on
  • A time limit for the investigation to be concluded. This should be 28 days, however, some cases may take longer and the complainant will be made aware of this
  • The complaints procedure and contact details of bodies that can be accessed in the event of dissatisfaction with the outcome of the investigation

Step 5

Following a full investigation, a response letter will be sent and this will include the following:

• A summary of the issue from the complainant’s point of view
• Details of the evidence and sources consulted in order to investigate the issue fully and fairly
• A presentation of the findings for each issue clearly and concisely described
  • A conclusion, stating clearly whether the issue is “upheld”, “partially upheld” or “not upheld”; unless it is ineligible, in which case the reason for this will be given, e.g. out of time or out of jurisdiction
  • An explanation of the outcome and whether any remedial action or learning points arise from the investigation of that issue
  • An apology where the issue is upheld and shortcomings or failings have been found
    • The complainant's rights if not satisfied with the outcome to refer to The Local Government and Social Care Ombudsman
    • A signature from the responsible individual or sent by email in their name

Step 6

The complaint will be closed once confirmation has been received that there is satisfaction with the outcome. In the event of dissatisfaction, Age UK Medway will support the complainant to access further support (refer to section 5.6)

5.4  The Complaints Log

A record will be held of all complaints raised and contain the following information:

• Each complaint received
• Subject matter and outcome
• Details of any reason for delay where investigations took longer than the agreed response period
• The date the report of outcome was sent to the complainant

Where complaints relate to a Service User, a copy of the complaint will be held in their care records so that the Service User can reflect on the recommendations.

Where complaints are raised by telephone, the log will include date and time of the call and this should be followed up with written confirmation of the areas discussed.

Where a complaint indicates the potential abuse of Service Users, safeguarding policies will be followed as per local authority expectation and necessary notifications made to the regulatory body. Where care is commissioned by Medway Council their reporting procedure for notifying them of complaints should be followed.

Where complaints are to be shared as part of learning, the complaint should be anonymised so there is no identifiable Service User information.

5.5  Investigations

All investigations will be managed by using the following approach:

• Investigating the fact
• Assessing evidence
• Review of records
• Interviewing those involved

Where necessary, advice and support will be sourced via senior managers within the organisation. The complaint should be investigated by a member of staff with the knowledge, experience and seniority to undertake the investigation robustly.

Confidentiality of information will be considered at all times and staff will adhere to the confidentiality policies and relevant codes of practice.

If an investigation of a complaint results in disciplinary action of staff within Age UK Medway, the complaint will continue to its conclusion. The complainant will be informed that the investigation has led to disciplinary process, but the details of the outcome or ongoing investigation should remain confidential.

5.6  Unresolved Complaints

There are many bodies that can support or will need to be informed of unresolved complaints:

                 1. Care Quality Commission                                                                                                                                                            

Individuals can escalate their complaint to the Care Quality Commission via:

• Website www.cqc.org.uk
• Email  enquiries@cqc.org.uk
  • Address Care Quality Commission, National  Correspondence,

Citygate, Gallowgate, Newcastle upon Tyne NE1 4PA, Tel: 03000 616161,

Fax: 03000 616171

2.  The Local Government and Social Care Ombudsman (for those Service Users that are funded by local authority-funded social services care or self-funded)

Individuals have the right to raise their complaint to the Local Government and Social Care Ombudsman. This is a free service and individuals can contact their Local Government and Social Care Ombudsman via:

The Local Government and Social Care Ombudsman PO Box 4771,

Coventry CV4 0EH,

Tel: 0845 602 1983 or 024 7682 1960,

Fax: 024 7682 0001,

advice@lgo.org.uk

Individuals should be advised that the Local Government and Social Care Ombudsman will not investigate the complaint until the provider has had the opportunity to respond and resolve the matter in the first instance.

3.  Parliamentary and Health Service Ombudsman (For Service User that are NHS funded)

Individuals have the right to raise a concern about a service that is NHS funded. This is a free service and individuals can contact via:

• Telephone 0345 0154033
• Email   phso.enquiries@ombudsman.org.uk
• Website www.ombudsman.org.uk
• Address Parliamentary and Health Service Ombudsman, Millbank Tower, Millbank, London, SW1P 4QP.

Heather Woolley can also signpost individuals to Healthwatch and the local independent complaints advocacy services (ICAS).

4.  Clinical  Commissioning Groups

Individuals can make a complaint about a health service they are receiving or have received and can discuss this with the commissioner of the service. Local contact details can be located via: http://www.england.nhs.uk/ccg- details/#ccg-e

5.  Professional Bodies

If a complaint involves the serious misconduct of a healthcare professional, their relevant professional body can be informed and this is determined on an individual case basis in discussion with the Registered Manager.

For any external bodies managing complaints Age UK Medway will work with the external body providing information as requested within any agreed timescales expected.

5.7  Compliments

Receiving compliments is an opportunity to celebrate and recognise success. Age UK Medway will ensure that:

• All compliments are shared with staff and displayed in public area to highlight good practice
• Compliments are anonymised or permission sought before displaying
• Numbers of compliments received are logged as part of a quality assurance programme
• Verbal positive feedback from residents and relatives is also deemed as compliments and should be recorded and shared with colleagues

Key Facts - Professionals

Professionals providing this service should be aware of the following:

• Receipt of Complaints, suggestions and compliments is everyone's responsibility and therefore you should know what to say and how to respond. You need to be able to promote an open, honest and transparent service to encourage people to feel able to feedback and raise concerns
• You will be involved in quality improvement planning in response to themes from both compliments and complaints received by the service. Compliments will be recognised and celebrated and staff will be supported during any complaints investigations
• Any feedback received from Service Users or their representatives can influence positive change and quality delivery of care and should be discussed with your manager

Key Facts - People Affected by The Service

People affected by this service should be aware of the following:

• You have the right to feel confident to raise a concern, suggestion or compliment
• The process for you to raise a concern, suggestion or compliment will be simple and you will feel listened to and understood
• Your concerns, suggestions and compliments will make a positive difference to future care at Age UK Medway