Making a complaint

Allcare Nurses Agency

Scope

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

Policy Statement

This organisation’s policy is intended to comply with Regulation 16 of the Fundamental Standard Regulations.

This organisation accepts the rights of service users 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. 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 service users 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, service user 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 service user and families in their Service User Guide. A copy is always kept in their care 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:

Aim of the Complaints Procedure

We aim to ensure that the complaints procedure is properly and effectively implemented and that service users feel confident that their complaints and worries are listened to and acted upon promptly and fairly. Specifically, we aim to ensure that:

Responsibilities

The registered manager is responsible for following through with complaints. In the absence of the Registered Manager the Deputy Manager or Managing Director should be the point of call for any complaints.

Complaints Procedure

Verbal Complaints

  • The organisation accepts that all verbal complaints, no matter how seemingly unimportant, must be taken seriously.
  • Front-line care 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.
  • If the complaint is being made on behalf of the service user by an advocate, it must first be verified that the person has permission to speak for the service user, especially if confidential information is involved. It is very easy to assume that the advocate has the right or power to act for the service user when they may not. If in doubt, it should be assumed that the service user’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 another meeting or by letter).
  • If the suggested plan of action is not acceptable to the complainant, the member of staff or manager will ask the complainant to put their complaint in writing 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 in the complaints book, the service user’s file, and in the home records.

Serious or Written Complaints

Preliminary steps:

Investigation of the complaint by the organisation:

Meeting:

Follow-up action:

Vexatious Complainers

This organisation takes seriously any comments or complaints regarding its service. However, there are service users 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 the repeated investigations become less of a burden on the organisation, its staff, and other service users.

Local Government Ombudsman (LGO)

Since October 2010 the Local Government 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), which the LGO has dealt with for more than 35 years.

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.

To raise a complaint

Please email enquiries@allcare-uk.com or call

t01254 682200

Local Authority-funded Service Users

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

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

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:

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.

Date Reviewed: Wednesday 16th November 2022

Person responsible for updating this policy: Shaun Hargreaves – Registered Manager

Next Review Date: W/C 11th November 2023