Compliments, Complaints and Suggestions Policy
Introduction
It is intended that this policy informs The Abbey Residential Home’s approach for acting on compliments, feedback and complaints and sets out what people who use services, their unpaid carers, family and their representatives can reasonably expect from the home when providing and arranging adult care, when they leave compliments and feedback or complain about a service or member of staff.
The Abbey Residential Home is committed to collating feedback about residents, visitors and staff’s experiences of adult care, so what is going well and what needs to improve can be identified and acted upon. Everyone has the right to receive good quality care and support, and the right to say how they feel about the quality of care and support they receive.
Compliments, feedback and complaints
We encourage people to give their views about our service whether positive, negative or neutral. People may wish to comment on their experience of our service without making a formal complaint. We use the term ‘feedback’ to refer to these comments. Feedback and compliments are of equal importance to complaints. This helps us understand what we are doing well as well as identify areas for improvement. Feedback is encouraged and welcomed from all people and that none are disadvantaged because of their disability, communication, health or care need. To build a positive culture around using feedback and complaints to improve care we need a shared understanding of what we mean when we talk about feedback and complaints. The term ‘complaint’ in its everyday sense, is taken to mean any statement about a service or member of staff that has not met the standard that people could reasonably expect. This is generally how complaints are viewed.
Our principles for responding to compliments, feedback and complaints.
Fairness
We will: -
make sure the resident, their family, carer or representative knows how to give compliments and feedback or make a complaint.
encourage residents, visitors and staff to give feedback and compliments directly or to others in the most appropriate way for them or make a complaint.
not treat them or others unfairly if they choose to complain.
assure them that the service will not be affected by making a complaint.
Leadership
We will: -
appoint a senior lead for compliments, feedback and complaints leading by example to improve the way we deal with compliments, feedback and complaints.
learn about the obstacles people face in leaving compliments and feedback or making a complaint, and act upon these to improve experiences.
know and comply with legal obligations including reasonable adjustments.
make information available in a format that people find easy to understand, and promoting information about independent complaints advocacy and advice services.
ensuring everyone knows when a concern or complaint is a safeguarding or criminal issue and what must happen.
Customer First
We will: -
ensure the person giving compliments or feedback or making a complaint is at the heart of the process and they feel listened to and respected.
keep people informed and explain what happened and why.
try to resolve the problem as quickly as possible.
help people to obtain the necessary support, including signposting them to advocacy services where this is appropriate, if they need help to give compliments or feedback or make a complaint.
involve the person’s representative (if they have chosen to have one) and consider any issues relating to consent and capacity.
improve services by working with residents, relatives, staff and visitors that use them, listening to and learning from people’s experiences.
Valuing and encouraging feedback, compliments and complaints.
We will: -
deal with compliments, feedback and complaints in an open and transparent way without being defensive.
listen carefully to what is said and ensure staff have the skills to listen and understand what it feels like for the person.
have a clear and accessible complaints procedure.
welcome complaints through a wide range of formats and see them as valuable feedback.
treat compliments, feedback and complaints as learning opportunities to improve our quality of services for all.
have accessible information for people with disabilities.
share the outcomes with everyone including staff and other people using the service.
Accepting something went wrong
We will: -
take responsibility and apologise.
explain what steps we will take to resolve the problem when something has gone wrong.
be open about action we have taken in response to feedback and complaints to encourage others to come forward by showing them it can make a difference.
learn from compliments, feedback and complaints and make meaningful changes so that our services can improve.
One complaint
If someone complains to our organisation, where were we not responsible for the care or service complained about, after gaining the complainants permission, we will endeavour to share the concerns with the correct organisation(s). If the person prefers that their complaint is not shared with other organisation(s) we will signpost them to the right organisation instead and provide the person with their contact details.
Clear signposting to independent redress
We will:
Provide information to enable complainants their right to seek independent redress, through an Ombudsman scheme, should they remain unhappy with our organisation’s attempts to resolve the concerns.
Explain how to contact the Ombudsman and provide clear signposting to the right scheme.
Our Policy
Seeking Views and Engaging with Service Users
The Abbey Residential Home will seek out opportunities to obtain feedback from Service Users and stakeholders. The Abbey Residential Home will act with sensitivity, integrity and professionalism by treating individuals who do complain or make a suggestion with compassion, courtesy and respect. The Abbey Residential Home will protect the Service User's right to confidentiality. The Abbey Residential Home 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 roles and responsibilities.
The Abbey Residential Home understands that it can be difficult to separate a complaint from a concern and, therefore, The Abbey Residential Home will follow this policy when there is any dissatisfaction with the service.
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's care file and will be reported in line with contractual or regulatory requirements.
Safeguarding Concerns
Where a complaint or concern is raised that relates to a Service User being harmed or likely to be harmed, The Abbey Residential Home will follow its Safeguarding Policy and Procedures in addition to the complaints procedures, seeking advice and guidance from the North Yorkshire Council Safeguarding Adults Team and escalating concerns in line with North Yorkshire Council procedure. The Abbey Residential Home will also notify the CQC in line with its statutory duty.
Roles and Responsibilities All Staff
It is acknowledged that all staff working within The Abbey Residential Home may 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 will:
Be trained on induction and as a routine measure to ensure knowledge is embedded and refreshed around the complaint’s procedure.
Have access to the complaint’s procedure.
Be provided with the opportunity to reflect and learn from complaints as a means of 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 Mrs Ann Race informed of the feedback. Failing to do this may result in a complaint.
Be clearly advised that, when presented with a complaint, swift escalation to management is necessary and that purposefully withholding or concealing concerns expressed by Service Users or their representatives may lead to disciplinary action.
Management Team at The Abbey Residential Home
The management team at The Abbey Residential Home is responsible for ensuring compliance with this policy, regulations, improvement planning and for having arrangements in place to provide relevant reports and information regarding complaints.
Mrs Ann Race is the main point of contact for the receipt, investigation and management of complaints within The Abbey Residential Home. However, this may be delegated to a senior member of staff within The Abbey Residential Home who holds the experience, knowledge and competence to investigate and manage complaints.
The Abbey Residential Home will ensure the procedure for raising a complaint is accessible and displayed prominently in The Abbey Residential Home, on the website
Raising Complaints
A complaint can be received by The Abbey Residential Home 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.
The Abbey Residential Home will 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.
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.
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 apologies for the fact that 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 all complaints received (whether verbal or written) [JM7] will be sent within 3 working days to the complainant. This could be via letter or email. The Abbey Residential Home 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 focused 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, The Abbey Residential Home will support the complainant to access further support.
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 [JM8] [AA9] that the Service User can reflect on the recommendations.
Where complaints are raised by telephone, the log will include the date and time of the call and this will 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 North Yorkshire Council their reporting procedure for notifying them of complaints will be followed.
Where complaints are to be shared as part of learning, the complaint will be anonymised so there is no identifiable Service User information, in line with UK GDPR and data protection law.
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 must 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 against staff within The Abbey Residential Home, the complaint will continue to its conclusion. The complainant will be informed that the investigation has led to the disciplinary process, but the details of the outcome or ongoing investigation will remain confidential.
Unresolved Complaints
There are many bodies that can support with, or will need to be informed of, unresolved complaints and it is important to note that, helpline opening times and ways of communicating may vary across each organisation:
The Care Quality Commission
The Care Quality Commission will not investigate complaints on behalf of individuals but does like to be informed of any concerns regarding a care provider, such as poor care that has been seen or experienced. Information given to the CQC will help to prevent others from going through the same experience and can be fed back via:
Website www.cqc.org.uk
Email enquiries@cqc.org.uk
Address: Care Quality Commission (CQC) National Correspondence
Citygate, Gallowgate
Newcastle upon Tyne NE1 4PA Tel: 03000 616161
Fax: 03000 616171
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 with 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
Email: advice@lgo.org.uk Website: https://www.lgo.org.uk/
Complaint form: https://www.lgo.org.uk/complaint-form
Individuals must 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.
Parliamentary and Health Service Ombudsman (for Service Users 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 make contact via:
Telephone 0345 0154033
Email phso.enquiries@ombudsman.org.uk
Website www.ombudsman.org.uk
Address: Parliamentary and Health Service Ombudsman, Millbank Tower, 30 Millbank, Westminster, London, SW1P 4QP
Mrs Ann Race can also signpost individuals to Healthwatch and the local Independent Complaints Advocacy Service (ICAS).
Integrated Care Systems
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 found in the residents’ handbook.
Local Authority Complaints Teams
Individuals have the right to raise concerns and complaints about adult social care regardless of whether or not they pay for their own care or if the Council funds it. Individuals can make a complaint about organisations who provide services on the Council's behalf. The contact details for the Local Authority Complaints Team are:
Local Authority Complaints Team
Individuals have the right to raise concerns and complaints about adult social care regardless of whether or not they pay for their own care or if the Council funds it. Individuals can make a complaint about organisations who provide services on the Council's behalf. The contact details for the Local Authority Complaints Team are:
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, The Abbey Residential Home will work with the external body providing information as requested, within any agreed timescales expected.
Compliments
Receiving compliments is an opportunity to celebrate and recognise success. The Abbey Residential Home will ensure that:
All compliments are shared with staff and displayed in a public area to highlight good practice.
Compliments are anonymised or permission is sought before displaying them.
The number of compliments received is logged as part of a quality assurance programme.
Verbal, positive feedback from Service Users and relatives is also deemed a compliment and will be recorded and shared with colleagues
Compliments form a core agenda item at staff, Service User and relative meetings
Suggestions
Suggestions can be made verbally or in writing and generally are in response to seeking a means of changing practice for the better.
Suggestions are not complaints, but in some circumstances, if they are not considered or actioned, they could lead to a complaint
When suggestions are raised in meetings or as part of a conversation, these will be documented and then outcomes of such suggestions recorded to show consideration
Staff will be encouraged to share their suggestions, or suggestions received by relatives and Service Users, with Mrs Ann Race
Mrs Ann Race will consider implementing a suggestions system to encourage comments from Service Users, staff and visitors
Audit and Evaluation
The Abbey Residential Home will monitor, review and analyse all information received about the service as a means of continuously reviewing performance, quality and safety.
The Abbey Residential Home will also:
Share themes and trends with Care Workers working for The Abbey Residential Home
Ensure that staff are trained to deal with complaints and understand the procedure for managing complaints
Anonymous Complaints
Anonymous complaints will be investigated in the same way as named complaints. They will be logged and any corrective action necessary will be taken and also logged.
One Complaint, One Response
Where more than one organisation is involved in the Service User's care, they, or their representative, will be able to complain to any of them and The Abbey Residential Home will contact the other organisations, carry out a joint investigation and provide a single joint response. Service Users must not have to contact each organisation separately.
If someone complains and The Abbey Residential Home is not responsible for the care or service complained about, rather than turning the complainant away, The Abbey Residential Home will share the concerns with the correct organisation(s). It will be necessary to obtain the individual’s permission to do this. If the person prefers that their complaint is not shared with another organisation (or organisations), The Abbey Residential Home will signpost them to the right organisation instead and provide the person with their contact details.
The Abbey Residential Home will follow LGO guidance ( Local Government Ombudsman) for managing this.
All efforts will be made by Mrs Ann Race to resolve all complaints within The Abbey Residential Home. If a Service User does not wish to raise a complaint directly to management within The Abbey Residential Home, in the first instance, staff will try and sensitively establish their reasons why and aim to resolve and address any concerns that present.
Decisions to raise complaints outside of The Abbey Residential Home will be fully respected and the Service User will be supported to raise their complaint with the commissioner of the service or to seek the support of an independent advocate or representative. Staff can also refer to section 5.6 for a further list of organisations that can be accessed.
Service Users can also be signposted to Citizens advice guidance.
Vexatious Complaints
Occasionally, The Abbey Residential Home may receive complaints that are vexatious in that they cause considerable disruption to the work at The Abbey Residential Home, disproportionate cost and time to handle, and impact the wellbeing of staff (because of the way the complaint is made or because of its repetitive nature).
The Abbey Residential Home will ensure that it meets the requirements of the Equality Act 2010 to make ‘reasonable adjustments’ for disabled Service Users. In some circumstances, Service Users may have a disability that makes it difficult for them to either express themselves or communicate clearly and/or appropriately. Where there is an indication that this may be the case, The Abbey Residential Home will consider the needs and circumstances of the Service User or complainant in the first instance and use this information to inform any decisions that are made.
Where appropriate, The Abbey Residential Home will consider complaints to be vexatious, but would not label an individual complainant as vexatious. Even if The Abbey Residential Home decides that an individual’s complaint about the service is vexatious, that does not preclude that person from making a formal complaint. The Abbey Residential Home would still consider any such complaints in line with the usual procedures, as outlined in this policy.
To help decide whether a complaint is vexatious The Abbey Residential Home will consider the full history and context of interactions with the individual making the complaint, and will look at both the nature of the complaint and the manner in which it is made. The particular issues that will inform a decision will include whether:
The primary purpose and/or effect of the complaint is to disturb, disrupt and or/pressurise The Abbey Residential Home, its staff or an individual member of staff.
The primary purpose and/or effect of the manner in which the complaint is made is to disturb, disrupt and or/pressurise the Abbey Residential Home, its staff or an individual member of staff.
The complaint is otherwise clearly unreasonable.
If at any point in the handling of a complaint a member of staff believes it meets the criteria to be deemed vexatious, it must be referred to the Registered Manager with a summary of why it is thought to be vexatious.
Mrs Ann Race will consider the complaint, seek external advice if appropriate, and will either declare the complaint as being vexatious or not. Where a complaint is not deemed to be vexatious it will be returned to the appropriate point in the complaints handling process.
If a complaint is deemed to be vexatious, the Registered Manager will respond directly to the complainant explaining why it is thought to be so and will explain that the complaint will be closed with no further action. The Registered Manager will also consider if the making of a vexatious complaint also requires the application of a restriction on communication following unreasonable behaviour.
The decision to declare a complaint as vexatious will be recorded in the complaints register for future reference.
Any declaration that refers to the specific complaint being vexatious and any further complaints from the same individual will still be considered.
If any individual wishes to challenge a decision made in relation to this policy, and all attempts to resolve the complaint locally have been unsuccessful, details of the Complaints Team of Ryedale District Council and Parliamentary and Health Service Ombudsman (PHSO) will be shared with the complainant.