Complaint Policy

Background

Residents are at the heart of everything we do and by listening to the people we care for, we will improve our services and continue to make them safer and more responsive. We will learn lessons that will benefit our residents and our staff.

We encourage residents and their relatives to provide feedback (positive, negative, or neutral) as it is of equal importance to complaints in helping us understand where we excel and where we can improve. Sharing and learning from what our residents and their relatives tell us will support our planning and the delivery of care in all our services and facilities.

If a complaint alerts us to possible abuse or neglect we will tell the Council’s adult safeguarding team. The safeguarding team will decide how to investigate and monitor outcomes.

 

Providing comments, feedback and suggestions

You do not have to make a formal complaint to raise concerns with us. You can provide your feedback about the care you are receiving– good or bad –quickly and easily through a direct approach to any member of staff or to the Home Manager or the Managing Director.

Comments or suggestion boxes are available if you would rather make your suggestion that way.

 

Who can complain?

Anyone affected by the way we provide services can make a complaint.

A representative may complain on behalf of the affected resident if they have died, cannot make a complaint themselves, or have given consent for the representative to act on their behalf.

We will be happy to find someone from an independent organisation to act as an advocate for you if you are not happy about making a complaint yourself and you do not know someone who can talk or write to us on your behalf.

 

How to make a complaint?

 If you are dissatisfied with any part of our service or consider that a member of our staff has not met the standard that residents could reasonably expect, please talk to us.

The person to discuss your concern with in the first instance is the Home Manager, unless the Home Manager is the subject of your complaint (in which case you should discuss your concern with the Managing Director). They will be able to discuss the problem with you and together you can agree the next steps.

We take all complaints we receive very seriously and do our best to work with our residents to sort them out quickly and as effectively as possible.

Where your complaint raises safeguarding issues, the local authority’s safeguarding procedures will take precedence and your complaint will be placed on hold until those procedures have been concluded (and the complaint could also be raised with the sector regulator).

To ensure fairness and accessibility:

  • You may complain orally or in writing via freephone, text, online, letter, or at residents' meetings.
  • Information on and assistance in making a complaint can be provided in alternative formats (such as large print, Braille and audio for residents with visual impairment or by using British Sign Language for deaf residents) and in languages other than English (appropriate to your needs) - so that no complainants are disadvantaged.
  • We encourage you to use an advocate or representative to support you in making a complaint if required, as well as an interpreter if necessary.
  • You have the option to report concerns anonymously, such as through a complaints box. Making a complaint will never affect the quality of service you receive.

 

What types of issues are covered by our Complaints Policy?

Our complaints procedure covers a range of issues that residents can complain about, including:

  • whether your care and treatment is appropriate and reflects your needs and preferences
  • whether you are being treated with dignity and respect
  • whether care and treatment is being provided with your consent
  • whether your care and treatment is being provided in a safe way
  • whether you are being protected from abuse or improper treatment
  • whether your nutritional and hydration needs are being met
  • whether the Home and equipment used in the Home is clean secure and suitable
  • whether there are sufficient numbers of suitably qualified, competent, skilled and experienced staff deployed at the Home
  • whether staff employed at the Home are have the necessary qualifications, skills and experience and are able to perform the work for which they are employed
  • whether we are being open and transparent with you about your care and treatment
  • concerns over safeguarding issues

 

Issues not covered by this Complaints Policy

Our complaints procedure does not cover the following complaints:

  • matters that do not relate specifically to the Home
  • a complaint by an employee relating to their employment (we handle this in a different way, for example through our grievance procedure)
  • a complaint where we were not aware of the issue and we can deal with it as a comment, feedback or suggestion first; and
  • a complaint that has already been investigated and resolved.

In these circumstances, we tell you in writing of our decision not to investigate the complaint and the reasons why.

 

Complaints Procedure

Our complaints procedure has two stages:

Stage one:  Frontline Resolution stage

The Frontline Resolution stage aims to resolve straightforward concerns quickly, at the earliest opportunity. This stage is suitable for complaints that are easily resolved and require little or no investigation.

The Home Manager or the Managing Director, depending on the nature of the complaint, will acknowledge your complaint within 3 working days of receipt of the complaint and give you the name and contact details of the person investigating it.

We aim to investigate your complaint and to advise you, in writing, as to what action, if any, is to be taken within 10 working days of receipt of your complaint.

If we need more time to consider your complaint, we will let you know and keep you informed of our progress.

When we have finished investigating, we will write to you with:

  • details of the findings;
  • any action we have taken; and
  • our proposals to resolve your complaint.

Wherever possible, we will arrange to meet you to discuss the outcome.

If your complaint is not resolved to your satisfaction at the Frontline Resolution stage, or if you do not want to take part in the Frontline resolution process, you can escalate your complaint to the Investigation stage.

If you have not told us about the issue before we may deal with your complaint as a comment, feedback or suggestion. However, if you are still unhappy after we have dealt with your concerns in this way we will accept a complaint

Brancaster Care Homes Ltd and Cinnabar Support and Living Ltd assures residents and their families that it will not withdraw or reduce services because someone makes a complaint in good faith.

Stage two: Investigation stage

If your complaint cannot be resolved at the Frontline Resolution stage, we shall immediately open an investigation and will let you know which member of our senior Management team will be responsible for carrying out that investigation.

A full and independent investigation will be undertaken and the outcome notified to you within a maximum of 28 calendar days of receipt of the complaint.

We shall give you a full explanation of the investigative process, outcome and action, if any, that is to be taken, either in writing or by arranging a meeting with you.

If we are not able to complete our investigation within that 28 day period, we will let you know, in writing (before the end of the 28 day period), explaining why the complaint remains unresolved and when we expect to complete the investigation.

 

Making a complaint – useful tips

You may find these points useful when making a complaint.

  • Be clear about what you want.
    • What do you want to achieve by making a complaint? For example, you might want the Home to apologise, change a decision, or to explain how it will ensure that problems do not reoccur.

State this clearly in your complaint. Complain as soon as possible while events and important details are fresh in everyone’s minds.

  • Complain in writing.
    • It is usually advisable to make your complaint by letter or email so you can be sure it covers everything you want to say. However, you can complain verbally if you want to.
  • Say you are making a formal complaint.
    • State at the top of your letter or email that you are making a formal complaint. This makes it clear that you expect the Home to respond in line with this complaints policy
  • Be clear what your complaint is about.
    • Set out what went wrong and how you have been affected, providing specific details, such as when and where incidents occurred, and the names of staff involved.
  • Be concise.
    • Avoid giving details that may distract from the main issues and the outcome you want to achieve.
  • Include evidence.
    • For example, emails or letters you have received from the Home or copy of your needs assessment.
  • Seek help if needed.
    • Consider whether you need help to put what you want to say in writing, or to work out what is important and relevant to your complaint. You might seek help from a friend or relative, or staff from a local Age UK.

 

Further steps

If you are unhappy about our attempts to resolve your concerns, you have a right to seek independent redress.

You can ask the Local Government and Social Care Ombudsman to consider your complaint. The Ombudsman is not a further appeal. It looks at whether we have followed the right steps when taking action or reaching a decision.

The Ombudsman investigates complaints in a fair and independent way - it does not take sides. It is a free service.

The Ombudsman expects you to have given us chance to deal with your complaint, before you contact them.

About the Ombudsman

The Local Government and Social Care Ombudsman looks at individual complaints about councils and some other organisations providing local public services. It also investigates complaints about all adult social care providers (including care homes and home care agencies) for people who self-fund their care. There are some limits on what the Ombudsman can investigate.

Contact
Website: www.lgo.org.uk
Telephone: 0300 061 0614
(You can also download a version of this wording in Easy Read (pictures and words) format)

The Care Quality Commission
Our service is registered with and regulated by the Care Quality Commission (CQC). The CQC cannot get involved in individual complaints about providers but is happy to receive information about our services at any time. You can contact the CQC at:
Care Quality Commission National Correspondence  Citygate Gallowgate
Newcastle upon Tyne   NE1 4PA
T:  03000 616161
W: www.cqc.org.uk

Where care is paid for by the NHS and you remain dissatisfied after receiving our final response, you may refer the matter to the Parliamentary and Health Service Ombudsman (PHSO), which is independent of the NHS and the Home. Referrals to the PHSO should normally be made within 12 months of the final response.

You may access independent NHS complaints advocacy services for support in making or pursuing a complaint

The PHSO may be contacted on 0345 015 4033

 

Time limits

You should complain as soon as you can after the date on which the event occurred or the date you became aware of the issue. If you complain more than twelve months later, we may not be able to investigate properly. We will also consider whether you had good reason for not making the complaint sooner and whether, despite the delay, it is still possible to investigate the complaint effectively and fairly.

 

Useful Organisations

Care Quality Commission
www.cqc.org.uk
Telephone 03000 616 161.
The independent regulator of adult health and social care services in England, whether provided by the NHS, local authorities, private companies or voluntary organisations.

 

Competition and Markets Authority
www.gov.uk/government/organisations/competition-and-marketsauthority
Telephone 020 3738 6000
The public body responsible for consumer protection. It has published guidance for care home providers on complying with consumer law.

 

Citizens Advice
www.citizensadvice.org.uk
Telephone 0800 144 8848
National network of advice centers offering free, confidential, independent advice, face to face or by telephone.

 

Citizens Advice consumer helpline
www.citizensadvice.org.uk/about-us/contact-us/contact-us/consumerservice
Telephone 0808 223 1133
Consumer advice over the phone and online.

 

Disability Rights UK
www.disabilityrightsuk.org
Telephone 0330 995 0400
Information about issues affecting disabled people.

 

Equality Advisory Support Service
www.equalityadvisoryservice.com
Telephone helpline 0808 800 0082 Mon-Fri 9am-7pm, Sat 10am-2pm
Helpline provides information and advice about the Equality Act 2010 and human rights.

 

Equality and Human Rights Commission (EHRC)
www.equalityhumanrights.com/en
Independent statutory body with the responsibility to encourage equality and diversity, eliminate unlawful discrimination, and protect and promote the human rights of everyone in Britain.

 

Staffordshire County Council complaints team.
Telephone 0300 111 8004
Email address: complaintsandcustomerfeedback@staffordshire.gov.uk, or write to them at:
Staffordshire County Council Complaints Team, Staffordshire Place 2, Stafford, STI6 2DH