Complaints (v5.0.0) Complaints (v5.0.0)
Date Reviewed: 23/10/2025 | Next Review Date: 23/10/2026
Person responsible for updating this policy: Rachel Quinn
Policy Statement
This Allcare Nurses Agency Ltd policy is intended to comply with Regulation 16: Receiving and acting on complaints.
Allcare Nurses Agency Ltd accepts the rights of the service user, their families and advocates to make complaints and to register comments and concerns about the services received. It further accepts that they should find it easy to do so. Every service user and their families are provided with clear information on how to make a complaint and our staff are competent to always support individuals with making a complaint.
It welcomes complaints as opportunities to learn, adapt, improve, and provide better services. Allcare Nurses Agency Ltd will comply with legislation, national guidelines, regulations and best practice when managing complaints and suggestions. In accordance with the Equality Act 2010, We will ensure our processes are fair and transparent and do not discriminate directly or indirectly, against those with protected characteristics.
This policy is intended to ensure that complaints are dealt with properly and that all complaints or comments by a service user or their relatives, carers, and advocates are taken seriously. It is not designed to apportion blame, consider the possibility of negligence, or provide compensation. It is not part of the company’ s Disciplinary Policy or Grievance Process.
Allcare Nurses Agency Ltd believes that failure to listen to or acknowledge complaints leads to an aggravation of problems, service user dissatisfaction, and possible litigation. Allcare Nurses Agency Ltd 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 Allcare Nurses Agency Ltd. The complaints procedure is made available to the service user and families in their Service Users guide. A copy is always kept in their Care and Support plan in their homes and available in a format that can be understood.
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:
- Ensure that the complaints process is accessible.
- Ensure that the complaints process is straightforward for a service user and their representatives.
- Ensure that an appropriate system is in place to keep a service user informed throughout the complaints process.
- Ensure that the complaints process is resolution-focused.
- Ensure that quality assurance processes are in place to enable organisational learning and service improvement from complaints and customer feedback.
Any complaints made by staff will be signposted to the Grievance policy if the complaint relates to them as an individual, or via the Whistleblowing policy where a protected disclosure is made.
Aim of the Complaints Procedure
We aim to ensure that the complaints procedure is properly and effectively implemented and that every service user can feel confident that their complaints and worries are listened to and acted upon promptly and fairly. Specifically, we aim to ensure that:
Every service user, their carers, and their representatives are aware of how to complain and that Allcare Nurses Agency Ltd provides easy-to-use opportunities for them to register their complaints.
- A named person will be responsible for the administration of the procedure.
- We will acknowledge a complaint in 3 working days.
- All complaints are investigated within 14 days of being made. All complaints are responded to in writing within 28 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 the service user and staff.
Children’s Services
Allcare Nurses Agency Ltd recognises the rights of children to make complaints and representations and to have their views considered within a clear procedure as defined by law. We aim:
- To ensure that the children and young people our service comes into contact with are aware of how to make a complaint.
- To ensure all children, young people and adults facing problems or challenges who wish to make a complaint are well supported to do so.
- To offer advocacy service where appropriate.
- To provide a sensitive and customer-focused service for complaints and representations by offering help and advice to all complainants, members of the public and other interested parties.
Responsibilities
Rachel Quinn is responsible for following through with complaints. However, there may be a specific post with responsibility for complaints (For Allcare Nurses Agency Ltd this is Rachel Quinn, Managing Director/Registered Manager). Communication between this post and Rachel Quinn should be clear and transparent so that Rachel Quinn can demonstrate evidence of compliance.
If the complaint is concerning Rachel Quinn then another manager or director on the senior management team will handle the complaint. Information on where to send the complaint or whom to speak to, if it involves Rachel Quinn this is included in the complaints procedure in the service user guide.
Complaints From a Representative
Allcare Nurses Agency Ltd, Allcare Offices, 2 Albion Road, Blackburn, Lancashire, BB2 4UW
If the service user directly affected does not want to complain themselves, they can ask someone else to make the complaint on their behalf and represent them throughout the process. A representative can be anyone such as:
- A family member.
- A friend.
- An advocate.
- A legal representative.
There is no restriction on who may act as a representative and this list is not exhaustive.
Allcare Nurses Agency Ltd will support them by signposting the service user to an advocate if they do not have any other representation and are not happy to raise the complaint themselves.
Allcare Nurses Agency Ltd can only accept complaints from a representative In certain situations. These are;
- Where it is known that the service user has consented, either verbally or in writing (and this includes the willingness for us to share personal information with the representative).
- Where the service user cannot complain unaided and cannot give consent because they lack capacity in line with the The Mental Capacity Act 2005, and the representative is acting in the best interest of the service user.
If the service user does not consent to us discussing the complaint with their representative then we take this into account. We will explain to the person making the complaint that only the issues that directly affect them can be investigated. If we do not have consent to share personal information about the service user we will not be able to investigate any matters relating to the service user or share personal information about the service user which may leave some of their concerns unanswered.
If we receive a complaint where the service user directly affected does not have the capacity to consent to the complaint being made on their behalf, we first determine if the person making the complaint on their behalf has a legitimate interest in the person’ s welfare and that there is no conflict of interest. We also need to determine if the person making the complaint has a right of access to the personal information of the service user directly affected. E.g. Are they an attorney with authority to manage the property and affairs of the individual or are they a person appointed by the Courts to make decisions about such matters.
Complaints Procedure
Verbal Complaints
- Allcare Nurses Agency Ltd accepts that all verbal complaints, no matter how seemingly unimportant, must be taken seriously.
- Front-line Care and Support staff 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 get their line manager to deal with the problem.
- 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.
- After discussing the problem, Rachel Quinn or staff member dealing with the complaint will suggest a means of resolving it.
- If this course of action is acceptable, the staff member 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 another meeting or by letter).
- If the suggested plan of action is not acceptable to the complainant, the staff member or manager will ask the complainant to put their complaint in writing to Rachel Quinn.
- The complainant should be given a copy of the Allcare Nurses Agency Ltd complaints procedure if they do not already have one.
- Details of all verbal and written complaints must be recorded in the complaints book, the service user records and the home records.
Serious or Written Complaints
Preliminary steps:
- When we receive a written complaint, it is passed to the designated lead manager, Rachel Quinn, Managing Director/Registered Manager, who records it in the complaints book and sends an acknowledgement letter within 3 working days to the complainant.
- The manager includes either a copy of this policy or details of the organisation’ s procedure for the complainant in this letter.
- The designated lead is the named person who deals with the complaint throughout the process.
- If necessary, further details are obtained from the complainant. If the complaint is not made by the service user but on behalf of the service user, the consent of the service user, preferably in writing, must be obtained from the complainant where required.
- If the complaint raises potentially serious matters, advice could be sought from a legal advisor. If legal action is taken at this stage, any investigation by Allcare Nurses Agency Ltd under the complaints procedure ceases immediately.
Investigation of the complaint by Allcare Nurses Agency Ltd:
Immediately on receipt of the complaint, Rachel Quinn, Managing Director/Registered Manager 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 28 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 Allcare Nurses Agency Ltd.
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.
If the complainant is not happy with the response they receive or if they have not received an answer within a reasonable time, they can complain to the Local Government &Social Care Ombudsman.
The Ombudsman believes that up to 12 weeks is a reasonable time for a council or care provider to look at a complaint and reply to the complainant.
The outcomes of the investigation and the meeting are recorded in the complaints book and any shortcomings in Allcare Nurses Agency Ltd procedures will be identified and acted upon.
Allcare Nurses Agency Ltd management formally reviews all complaints at least every six months as part of its quality monitoring and improvement procedures to identify the lessons learned.
Vexatious Complainers
Allcare Nurses Agency Ltd takes seriously any comments or complaints regarding its service. However, there maybe occasions where a service user can be treated as ‘vexatious complainers’ due to the inability of Allcare Nurses Agency Ltd to meet the outcomes of the complaints, which are never resolved. Vexatious complainers need to be dealt with by the arbitration service so that the repeated investigations become less of a burden on Allcare Nurses Agency Ltd, its staff, and any other service user impacted.
Accessibility
Allcare Nurses Agency Ltd Policies and procedures are available in accessible formats, well publicised, readily available and accessible to each service user, their families, significant others, visitors, staff and others working at the service.
The Local Government & Social Care Ombudsman (LGSCO)
Investigate all complaints about adult care services, care provided by a council or care arranged directly with a care provider by:
- Someone paying with their own or family money.
- Someone using money provided by a council, via direct payment for example.
There is a step-by-step process for making an online complaint on the LGSCO website or a phone number to contact them.
A complaint should be made within 12 months of the problem. If left any longer the Ombudsman may not be able to help.
The LGSCO works to promote high-quality services for all people who use adult social care services. This is particularly the case where when investigating a complaint the LGSCO detect service failures by a care provider that may affect its registration status. An information-sharing agreement and memorandum of understanding set out how information is shared.
Raising a concern with the Care Quality Commission (CQC)
Care Quality Commission (CQC) does not handle complaints about service providers. They cannot make these complaints for the complainant or take them up on their behalf. This may seem confusing, but it is because Care Quality Commission (CQC) lacks the legal powers to investigate or resolve these issues. Care Quality Commission (CQC) advises that the provider’s complaints procedure should be followed or that one should contact the Local Authority (LA).
However, the service user /members of the public and staff can provide feedback about their experience with the care service. Care Quality Commission (CQC) will use this intelligence alongside other forms of evidence gathering to determine if they need to take action against the provider.
If a crime has been committed or someone is in danger, the police must be contacted immediately.
Local Authority-funded Service Users
Any service user part or wholly funded by Local Authority (LA) Lancashire County Council can complain directly to the complaints manager (adults) who are employed directly via Local Authority (LA) Lancashire County Council.
Relevant Contacts Local Authority Complaints Manager (Adults): https://www.blackburn.gov.uk/customer-services/complaints-comments-and-compliments https://www.lancashire.gov.uk/council/get-involved/compliments-comments-complaints/how-we-handle-your compliments-comments-and-complaints/
Social Services Local Office:
Blackburn with Darwen Borough Council.
Town Hall, Ainsworth Street.
King William Street.
Blackburn.
Lancashire.
BB1 7DY.
01254 587547.
Lancashire County Council.
PO Box 78.
County Hall.
Fishergate.
Preston.
Lancashire.
PR1 8XJ.
0300 123 6720.
County Police HQ:
Lancashire Constabulary Headquarters,
Saunders Lane,
Hutton nr Preston,
PR4 5SB.
01772 614444.
Out of Hours Service (Social Services) – available when social services offices are closed: 0300 123 6720.
The Parliamentary and Health Service Ombudsman (NHS funded service user )
Millbank Tower.
Millbank.
London,
SW1P 4QP.
Tel. 0345 015 4033.
The Local Government and Social Care Ombudsman
10th Floor,
Millbank Tower,
Millbank,
London,
SW1P 4QP.
Advice Line Tel: 0300 061 0614 [for complainants].
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, individual supervision and external courses are sourced as required.
Related Policies
Accessible Information And Communication (Including Statement) (Domiciliary)
Adult Safeguarding (Domiciliary)
Consent (Domiciliary)
Dignity And Respect (Domiciliary)
Duty Of Candour (Domiciliary)
Good Governance (Domiciliary)
Related Guidance
Local Government and Social Care Ombudsman: Annual Review of Complaints
Local Government and Social Care Ombudsman: How to Complain
Raising a concern with CQC
Policy Legal Statement This policy is Copyright © W&P Assessment & Training Centre Ltd. 2024 and is only licensed for use with a current W&P Portal Contract. If you have a current contract, it can be accessed in your online account. Use of this policy without a current W&P Portal Contract is str
Social Services Local Office:
Blackburn with Darwen Borough Council
Town Hall, Ainsworth Street
King William Street
Blackburn
Lancashire
BB1 7DY
01254 587547
Lancashire County Council
PO Box 78
County Hall
Fishergate
Preston
Lancashire
PR1 8XJ
County Police HQ:
Lancashire Constabulary Headquarters,
Saunders Lane,
Hutton nr Preston,
PR4 5SB
01772 614444
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]
Out of Hours Service (Social Services) – available when social services offices are closed:
Blackburn with Darwen Council – 01254 585585
Lancashire County Council – 0300 123 6722.
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
Consent
Dignity and Respect
Duty of Candour
Good Governance
Related Guidance
Resources and guidance for Social Care providers:
Concerns about a care service:
CQC Regulation 16: Receiving and acting on complaints:
CQC Regulation 20: Duty of Candour:
Local Government and Social Care Ombudsman Annual Review of Complaints:
Local Government and Social Care Ombudsman: How to Complain: