Hibiscus Caribbean Elderly Association has an effective policy in place to manage complaints and suggestions for service improvement. The policy ensures that the Association complies with all legal requirements and regulations and that the complaints process is fair transparent and does not discriminate directly or indirectly because of:
Hibiscus Caribbean Elderly Association understands complaints to be an expression of dissatisfaction requiring a response, communicated verbally, electronically, or in writing. Complaints may be made by any users of the service, their family or advocate acting on their behalf, with their consent or in their best interests. Hibiscus Caribbean Elderly Association takes complaints seriously; and will aim to put things right that have gone wrong and learn lessons to avoid the problem happening again. This policy sets out the framework for how the service will achieve this. The detail of how the service will do this will be found in the associated procedures.. A systematic approach will be taken with all aspects of complaints and suggestions. Complaints or concerns by staff will be addressed via the Grievance process if the complaint or concerns relates to them individually or Whistleblowing procedure where a protected disclosure is made
Hibiscus Caribbean Elderly Association understands their statutory obligations in respect of the Duty of Candour and will ensure they follow agreed policy and procedure and will seeking views and engaging with Service Users. Hibiscus Caribbean Elderly Association will seek out opportunities to obtain feedback from Service Users and stakeholders. Hibiscus Caribbean Elderly Association will act with sensitivity, integrity and professionalism by treating individuals that do complain or raise a suggestion with compassion, courtesy and respect. The service will protect Service User's right to confidentiality. The service 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 role and responsibilities. The Association understands that it can be difficult to separate a complaint from a concern, therefore, Hibiscus Caribbean Elderly Association will follow this policy when any dissatisfaction arises 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 care file and reported in line with contractual or regulatory requirements.
Where a complaint or concern is raised in the context of Safe Guarding i.e a Service User being harmed or likely to be harmed, the organisation will follow their Safeguarding Policy and Procedures in addition to the complaints procedures, seeking advice and guidance from the Local Authority Safeguarding Adults team. The organisation will also notify CQC in line with our statutory duty.
It is acknowledged that all staff working within Hibiscus Caribbean Elderly Association could 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 are:
One Complaint, One Response: Hibiscus Caribbean Elderly Association will follow the Local Government and Social Care Ombudsman best practice and where Service User are receiving services for more than one organisation we will ensure they can make a complaint to anyone and be provided with a single response following a joint investigation.
The format for raising a complaint is as follows. The complaint can be received by Hibiscus Caribbean Elderly Association either verbally or in writing and can be made by:
All investigations will be managed by using the following approach:
In instances of unresolved complaints There are many bodies that can support or will need to be informed of unresolved complaints:
1. Care Quality Commission
Individuals can escalate their complaint to the Care Quality Commission 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
2. 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 to 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,
Tel: 0845 602 1983 or 024 7682 1960,
Fax: 024 7682 0001,
advice@lgo.org.uk
Individuals should 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.
3 Parliamentary and Health Service Ombudsman (For Service User 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 contact via:
• Telephone 0345 0154033
• Email phso.enquiries@ombudsman.org.uk
• Website www.ombudsman.org.uk
• Address Parliamentary and Health Service Ombudsman, Millbank Tower, Millbank, London, SW1P 4QP.
Mr Clifford Headley can also signpost individuals to Healthwatch and the local independent complaints advocacy services (ICAS).
4. Clinical Commissioning Groups
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 located via: http://www.england.nhs.uk/ccgdetails/#cg-e
5. 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 Hibiscus Caribbean Elderly Association will work with the external body providing information as requested within any agreed timescales expected. Receiving compliments is an opportunity to celebrate and recognise success. Hibiscus Caribbean Elderly Association will ensure that:
6. Audit and Evaluation Hibiscus Caribbean Elderly Association will monitor, review and analyse all information received about the service as a means of continuously reviewing performance, quality and safety. Hibiscus Caribbean Elderly Association will also:
Hibiscus Caribbean Elderly Association will follow LGO guidance for managing this.
Definitions
A complaint is an expression of dissatisfaction, disappointment or discontent. This could be in response to an act of omission, decision or act.
Compliments are positive feedback that can be received verbally or in writing.
- Age
- Sex
- Disability
- Sexual orientation
- Being married or in a civil partnership
- Being pregnant or on maternity leave
- Religion, belief or lack of religion/belief
- Being or becoming a transsexual/transgender person
- Race including colour nationality, ethnic or national origin
- Iimprove the quality of Service User's experience.
- Ensure that all complaints and suggestions are promptly addressed, resolved and shared within the agreed timescales to ensure lessons are learnt and the learning improves service quality and delivery.
- To ensure staff at all levels within Hibiscus Caribbean Elderly Association understand their roles and responsibilities with regard to handling complaints, suggestions and compliments.
- SAFE: How do systems, processes and practices keep people safe and safeguarded from abuse?
- CARING: How does the service support people to express their views and be actively involved in making decisions about their care, support and treatment.
- RESPONSIVE: How are people’s concerns and complaints listened and responded to and used to improve the quality of care?
- Compensations Act 2006
- The Care Act 2014
- The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
- Human Rights Act 1998
- The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009
- Mental Capacity Act 2005
- Mental Capacity Act Code of Practice
- Data Protection Act 2018
- All staff
- Service Users
- Service Users Family
- Advocates
- Representatives
- Commissioners
- External health professionals
- Local Authority
- NHS
Hibiscus Caribbean Elderly Association understands complaints to be an expression of dissatisfaction requiring a response, communicated verbally, electronically, or in writing. Complaints may be made by any users of the service, their family or advocate acting on their behalf, with their consent or in their best interests. Hibiscus Caribbean Elderly Association takes complaints seriously; and will aim to put things right that have gone wrong and learn lessons to avoid the problem happening again. This policy sets out the framework for how the service will achieve this. The detail of how the service will do this will be found in the associated procedures.. A systematic approach will be taken with all aspects of complaints and suggestions. Complaints or concerns by staff will be addressed via the Grievance process if the complaint or concerns relates to them individually or Whistleblowing procedure where a protected disclosure is made
Hibiscus Caribbean Elderly Association understands their statutory obligations in respect of the Duty of Candour and will ensure they follow agreed policy and procedure and will seeking views and engaging with Service Users. Hibiscus Caribbean Elderly Association will seek out opportunities to obtain feedback from Service Users and stakeholders. Hibiscus Caribbean Elderly Association will act with sensitivity, integrity and professionalism by treating individuals that do complain or raise a suggestion with compassion, courtesy and respect. The service will protect Service User's right to confidentiality. The service 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 role and responsibilities. The Association understands that it can be difficult to separate a complaint from a concern, therefore, Hibiscus Caribbean Elderly Association will follow this policy when any dissatisfaction arises 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 care file and reported in line with contractual or regulatory requirements.
Where a complaint or concern is raised in the context of Safe Guarding i.e a Service User being harmed or likely to be harmed, the organisation will follow their Safeguarding Policy and Procedures in addition to the complaints procedures, seeking advice and guidance from the Local Authority Safeguarding Adults team. The organisation will also notify CQC in line with our statutory duty.
It is acknowledged that all staff working within Hibiscus Caribbean Elderly Association could 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 are:
- Trained on induction and as a routine measure to ensure knowledge is embedded and refreshed around the complaints procedure
- Have access to the complaints procedure
- Provided with opportunity to reflect and learn from complaints as a means to developing and driving quality care.
- Appreciate that 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 changes to care and the Registered Manager informed of the feedback. Failing to do this could result in a complaint.
- Are clearly advised that on presentation of a complaint, swift escalation to management is necessary and purposefully withholding or concealing of concerns expressed by Service Users or their representatives could lead to disciplinary action Hibiscus Caribbean Elderly Association Management Team.
- Hibiscus Caribbean Elderly Association's management team is responsible for ensuring compliance with this policy, regulations, improvement planning and having arrangements in place to provide relevant reports and information regarding complaints.
One Complaint, One Response: Hibiscus Caribbean Elderly Association will follow the Local Government and Social Care Ombudsman best practice and where Service User are receiving services for more than one organisation we will ensure they can make a complaint to anyone and be provided with a single response following a joint investigation.
The format for raising a complaint is as follows. The complaint can be received by Hibiscus Caribbean Elderly Association 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 Hibiscus Caribbean Elderly Association 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.
- 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
- 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 apologise for the fact there was the need to complain 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 the complaint will be sent within 72 hours of receipt to the complainant, this could be via letter or email.
- 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 focussed on
- A time limit to conclude the investigation. 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 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
- 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
All investigations will be managed by using the following approach:
- Investigating the fact
- Assessing evidence
- Review of records
- Interviewing those involved
In instances of unresolved complaints There are many bodies that can support or will need to be informed of unresolved complaints:
1. Care Quality Commission
Individuals can escalate their complaint to the Care Quality Commission 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
2. 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 to 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,
Tel: 0845 602 1983 or 024 7682 1960,
Fax: 024 7682 0001,
advice@lgo.org.uk
Individuals should 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.
3 Parliamentary and Health Service Ombudsman (For Service User 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 contact via:
• Telephone 0345 0154033
• Email phso.enquiries@ombudsman.org.uk
• Website www.ombudsman.org.uk
• Address Parliamentary and Health Service Ombudsman, Millbank Tower, Millbank, London, SW1P 4QP.
Mr Clifford Headley can also signpost individuals to Healthwatch and the local independent complaints advocacy services (ICAS).
4. Clinical Commissioning Groups
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 located via: http://www.england.nhs.uk/ccgdetails/#cg-e
5. 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 Hibiscus Caribbean Elderly Association will work with the external body providing information as requested within any agreed timescales expected. Receiving compliments is an opportunity to celebrate and recognise success. Hibiscus Caribbean Elderly Association will ensure that:
- All compliments are shared with staff and displayed in public area to highlight good practice
- Compliments are anonymised or permission sought before displaying
- Numbers of compliments received are logged as part of a quality assurance programme
- Verbal positive feedback from residents and relatives is also deemed as compliments and should be recorded and shared with colleagues
- Compliments form a core agenda item at staff, resident and relative meetings.
6. Audit and Evaluation Hibiscus Caribbean Elderly Association will monitor, review and analyse all information received about the service as a means of continuously reviewing performance, quality and safety. Hibiscus Caribbean Elderly Association will also:
- Share themes and trends with Care Workers working for Hibiscus Caribbean Elderly Association
- Ensure that staff are trained to deal with complaints and understand the procedure for managing complaints
Hibiscus Caribbean Elderly Association will follow LGO guidance for managing this.
Definitions
A complaint is an expression of dissatisfaction, disappointment or discontent. This could be in response to an act of omission, decision or act.
Compliments are positive feedback that can be received verbally or in writing.