POLICY NAME: Concerns & Complaints

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POLICY NAME: Concerns & Complaints

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Selborne Care Limited

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POLICY NAME: Concerns & Complaints

POLICY NUMBER: E3

POLICY LOCATION: Selborne Care Homes Supported Living Services Selborne Domiciliary Care Agency

POLICY AUTHOR: Mark Butler, Director of Professional Service ISSUE NUMBER: Four DATE OF LAST REVIEW January 2015 DATE OF NEXT REVIEW: January 2018

MANAGER’S SIGNATURE:

Page 1 of 12 SECTION E

POLICY E3

CONCERNS AND COMPLAINTS

Policy Statement Selborne Care believes that if a person who uses its service wishes to make a complaint or register a concern they should find it easy to do so. It is the company’s policy to welcome complaints and look upon them as an opportunity to learn, adapt, improve and provide better services. This policy is intended to ensure that complaints are dealt with properly and that all complaints or comments by service users and their relatives and carers are taken seriously.

The policy 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.

Selborne Care believes that failure to listen to or acknowledge complaints will lead to an aggravation of problems, service user dissatisfaction and possible litigation. The company supports the concept that most complaints, if dealt with early, openly and honestly, can be sorted out at a local level between the complainant and the service. If this fails due to either the service or the complainant being dissatisfied with the result the complaint will be referred to the Care Quality Commission and legal advice will be taken as per necessary.

Aim The aim of the company is to ensure that its 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.

Aims of the company are to ensure that: Service users, carers or their representatives are aware of how to complain, and that the service facilitates options to register their complaints.

 Complaint information will be provided in a readable (easy read) format

 A named person will be responsible for the administration of the procedure.

 Every written complaint is acknowledged within two working days and investigations into written complaints are held within 28 days.

 All complaints are responded to in writing by the service.

 Complaints are dealt with promptly, fairly and sensitively with due regard to the upset  and worry that they can cause to both service users and staff.

The named complaints manager with responsibility for following through complaints for the service will be the Service Manager.

Selborne Care believes that, wherever possible, complaints are best dealt with on a local level between the complainant and the service. If either of the parties is not satisfied, the Care Quality Commission can be contacted to advise them but in normal circumstances, the placing authority or local ombudsman should be contacted.

Page 2 of 12 The Care Quality Commission address is:

CQC Citygate Gallowgate Newcastle on Tyne NE1 4PA

Complaints Procedure

Oral Complaints

 All oral complaints, no matter how seemingly unimportant, should be taken seriously. There is nothing to be gained by staff adopting a defensive or aggressive attitude.

 Front line care staff who receive an oral complaint should seek to solve the problem immediately if possible.

 If staff cannot solve the problem immediately they should offer to involve the Service Manager to deal with the problem.

 All contact with the complainant should be polite, courteous and sympathetic.

 At all times staff should remain calm and respectful.

 Staff should not accept blame, 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 on behalf of 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 prior to discussing the complaint with the advocate.

 After talking the problem through, the service manager or the member of staff dealing with the complaint should suggest a course of action to resolve the complaint. If this course of action is acceptable then the member of staff should clarify the agreement with the complainant and agree 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 then the member of staff or service manager should ask the complainant to put their complaint in writing to the service and ensure they have a copy of the service's complaints procedure.

 In both cases details of the complaints should be recorded in the complaints book

Written Complaints

 When a complaint is received in writing it should be passed on to the Service Manager who should record it in the complaints book and send an acknowledgement letter within two working days. The Service Manager will be the named person who deals with the complaint through the process.  If necessary, further details should be obtained from the complainant. If the complaint is not made by the service user but on the service user's behalf, then consent of the service user, preferably in writing, must be obtained from the complainant.

Page 3 of 12  Information detailing the service’s complaints procedure should be forwarded to the complainant.

 If the complaint raises potentially serious matters, advice should be sought from a legal advisor to the service. If legal action is taken at this stage any investigation by the service under the complaints procedure should cease immediately.

 If the complainant is not prepared to have the investigation conducted by the service, he or she should be advised to contact the Care Quality Commission and be given the relevant contact details.

 Immediately on receipt of the complaint the Service Manager should launch an investigation and within 28 days, 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 to complete the investigation within 28 days, the complainant should be informed of any delays.

 If a meeting is arranged the complainant should be advised that they may, if they wish, bring a friend or relative or a representative such as an advocate.

 At the meeting a detailed explanation of the results of the investigation should be given and also an apology if it is appropriate (apologising for what has happened need not be an admission of liability).

 Such a meeting gives the service the opportunity to show the complainant that the matter has been taken seriously and has been thoroughly investigated.

 After the meeting, or if the complainant does not want a meeting, a written account of the investigation should be sent to the complainant. This should include details of how to advise the Care Quality Commission if the complainant is not satisfied with the outcome and contact details of the placing authority or local ombudsman.

 The outcomes of the investigation and the meeting should be recorded in the complaints book and any shortcomings in the service's procedures should be identified and acted upon.

 The service should discuss complaints and their outcome at a formal business meeting and the service's complaints procedure should be audited by the Service Manager at least every six months.

Training The Service Manager is responsible for organising and co-ordination training.

All the services’ staff should be trained in dealing with, and responding to, complaints. Complaints policy training should be included in the induction training for all new staff and further training sessions on handling complaints should be conducted at least annually and all relevant staff should attend.

COMPLAINTS FORM Appendix 1

Page 4 of 12 This form is to be used to record complaints made by service users, their Relatives, General Practitioners and Health Authorities etc.

PART 1: Details of Complaint

Complainant’s Name: Address:

Tel No: Date of Complaint: By Letter By Telephone In Person Written Acknowledgment of Receipt (date): Name of S’ User (if different to above):

PART 2: Area(s) of Complaint Care/Support Catering Laundry Housekeeping Maintenance Building & Ground Harassment Bullying Other Briefly describe the complaint:

Date Notified to Service Manager (if applicable): Date Notified to Director of Professional Services (if applicable):

Page 5 of 12 PART 3: Action Taken to Investigate the Complaint Investigation by: Briefly describe the investigation and outcome:

How was the outcome of the investigation reported back to the complainant? By Letter By Telephone In Person Report back made by:

PART 4:Is correctiveCorrective action Action required: YES NO Briefly describe the corrective action required:

Action Taken By: Date(s) Action Taken:

Corrective Action Checked by: Name: Signature: Position/Job Title: Date: Comments:

Page 6 of 12 Appendix 2

AIDE MEMOIRE – REACTING TO AN ALLEGATION OF ABUSE, NEGLIGENCE OR NEGLECT

TIME SCALE

Allegation made by service user, Relative, Staff Member or External Authority

Manager on Duty Manager not on Duty

Manager interviews complainant Immediate & completes Complaint Report Person in Charge interviews Forms complainant & completes Complaint Report Forms

Manager informs Director of Professional Services Person in Charge informs Dir – Prof’

Director of Operations liaises with Manager and other Agencies involved, e.g. Safeguarding Team

The s/g Team will decide the course of action e.g. who undertakes the investigation Director of Prof’ services Manager not liaises with the s/g Team Liaise with Op’s available manger Re: Suspension Staff Suspended

Within 24 Liaise with Legal Helpline for hours employment advice Legal ? Director will Brief Executive Board on action to date Media interest referred to Executive Board

Within 28 working days Disciplinary Process

Written response to complainant , Legal ? s/g Team/HA/LA etc

Brief Director of Manager’s Report Prof’ Services

Page 7 of 12 Appendix 2

Complaints Notice COMPLAINTS PROCEDURE SELBORNE CARE LTD

We are committed to providing the highest possible standards of support for the people who use our service at all times. However, if you have a complaint or feel unhappy with any aspect of the Service please let us know by informing the Manager or, if unavailable, any member of staff.

This can be done in person, verbally over the telephone, or in writing. You can be assured that your complaint will be investigated thoroughly and you will be advised of the outcome following our enquiries. Normally, we will respond in writing to any complaint received within 28 days.

You will receive an acknowledgement of your complaint within 2 days unless the complaint can be dealt with within 5 days.

Should the Manager be unable to resolve the issue then please address your concerns to:

Mr Mark Butler - Director of Professional Services Selborne Care Ltd 97 Friar Street Droitwich Worcester WR9 8EG

Tel: 01905 798247 Fax: 01905 795898 [email protected]

We will ensure that your letter is given our immediate attention and any complaint will be taken seriously. Alternatively, if you are unhappy about the outcome, the way your complaint was handled or wish to complain directly. Please contact to Care Quality Commission at:

Care Quality Commission, Citygate Gallowgate Newcastle upon Tyne NE1 4PA

03000 616161

* (Please enter Local/Health Authority contact details) * (address and details of Local Ombudsman)

Page 8 of 12 Accessible format

Complaints Procedure

How You Can Complain

Page 9 of 12 Complaints Procedure

Why complain?

If you are not happy about:

A Support worker.

A Lack of choice.

What you do. No. Choices

Anything to do with your service.

We would like you to talk to us if you are unhappy so we can make things better.

We will listen to what you say.

We will try to change things.

Page 10 of 12 You can speak to these people, they will help you:

Your ‘Options’ Support Worker.

The ‘Options’ Manager.

Family or friends.

Your advocate.

Your Social Worker.

Care Quality Commission.

Anyone else you want.

How you can make a formal complaint?

You can fill in the complaint form (attached) yourself.

You can speak to one of the people we mentioned for help. They can fill it out for you.

What we will do

We will try and solve things or improve your situation, so that you are happy.

A manager or someone you trust will talk to you and will advise you of the outcome within 28 days about your complaint.

If your complaint is serious we will support you to inform your local Social Services and/or the Care quality commission.

Page 11 of 12 ______

Care Quality Commission: Care Quality Commission National Correspondence, Citygate, Gallowgate, Newcastle upon Tyne, NE14PA

Telephone: 03000616161

They will look into it in more detail and help with your complaint.

We will keep a record of the complaint and the action taken.

Complaint forms are available. Please send your complaint to:

(Name and address of the service)

Page 12 of 12

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