Complaints (v7.0.0)
Date Reviewed: 07/01/2026 | Next Review Date: 17/03/2027
Person responsible for updating this policy: Rachel Quinn
Policy Statement
Regulation 16: Receiving and Acting on Complaints.
This policy should be read in conjunction with the following policies:
Accessible Information and Communication.
Adult Safeguarding.
Consent.
Data Protection (UK GDPR).
Dignity and Respect.
Duty of Candour.
Good Governance and Quality Management.
Grievance.
Whistleblowing.
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:
1.Ensure that the complaints process is accessible.
2.Ensure that the complaints process is straightforward for a service user and their representative.
3.Ensure that an appropriate system is in place to keep a service user informed throughout the complaints
process.
4.Ensure that the complaints process is resolution-focused.
5.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 use r
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.
Our Duty of Candour supports openness and honesty. Candour works only when it is part of a broader commitment to
safety, listening, and learning, and to an organisational commitment to continual improvement.
When things go wrong in health or social care settings, the service user and families will want to know at least these
three things:
1.To be honestly told what happened.
2.What can be done to deal with any harm caused?
3.To understand what will be done to prevent a recurrence for someone else.
Please refer to the separate Duty of Candour policy.
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
Registered Manager is responsible for following through with complaints. However, there may be a specific post with
responsibility for complaints
If the complaint is concerning Registered Manager then another manager or director on the senior management team
will handle the complaint.
Complaints From A Representative
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
The service user can initially talk to their carer or care team, as many issues can be rectified quickly by raising
the matter directly with the carers/care team.
Staff must make a record of verbal concerns, including any verbal concerns about themselves and report them
to their Registered Manager.
If the matter is more serious or about an individual or individuals in the care team, then contact the office and
report the complaint to the Registered Manager or senior person in charge.
If the complaint concerns the Registered Manager or Nominated Individual, then speak to the senior manager,
company director, or independent designated person – contact details are listed at the end of this policy.
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, Registered Manager 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 Registered Manager.
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 Procedure
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 and 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.
All records are kept, stored and shared in accordance with the UK General Data Protection Regulation (UK GDPR) and
the Data Protection Act 2018.
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.
Quality Management
As an organisation, Allcare Nurses Agency Ltd prioritise delivering the highest-quality service to every service user. Our
approach is based on the belief that, regardless of how good our current services are, there is always room for
improvement. We are dedicated to continuous improvement and maintain a formal quality management system that
provides a framework for assessing and improving our performance, including learning from complaints.
Regularly monitoring and evaluating our service through audits and feedback from the service user and other
stakeholders is vital for continuous improvement. Data collected from complaints will be analysed for patterns and
themes to develop improvement plans that ensure every service user is safe and receives the highest-quality care.
The complainant will receive written notification of the learning outcomes arising from their complaint. If the
complainant is dissatisfied with the result, they will be provided with information about the Local Government and
Social Care Ombudsman, where they can pursue their complaint further. If the Local Authority (LA) funds the person
who uses the service, the complainant can also be referred to the complaints manager for the Local Authority (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.
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
PO Box 4771.
Coventry.
CV4 0EH.
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 and Quality Management (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 strictly prohibited
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: