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TERM DATES

Autumn Term:
Monday 15th September
to Friday 12th December

Half Term:
Monday 27th October
to Friday 31st October
 

Complaints

Complaints Procedure

ActOne ArtsBase encourages everyone using our services or their representatives to tell us about the quality of the services they receive either by commenting, making a complaint or by complimenting us. Hearing what people think about our service helps us to make sure that our services are effective and maintain the highest possible standards.

The Complaints Procedure provides users of services and their carers with the means to complain and express their concerns. We are committed to:

  • Know they have been heard
  • Ensuring that anyone who makes a complaint receives a prompt and fair response
  • Investigating complaints thoroughly and in a way that is fair to staff
  • Putting matters right when things go wrong, wherever possible
  • Learning from complaints and improving practice for the benefit of all users of our service

Definition of a Complaint

ActOne ArtsBase defines a complaint as:

Any expression of dissatisfaction about the standard of service received that requires a response

Who may Complain

Complainants will be current or former users of the ActOne ArtsBase’s services. Complaints can be made by someone on behalf of a client of ActOne ArtsBase. If the client is capable of managing his/her own affairs a complaint can only be made with his/her knowledge and written consent.

Consent is not needed if the person is unable to act for him/herself or is deceased. The complaint can be made by a close relative, group or individual suitable to act as a representative. Care must be taken to ensure that there is not a conflict of interest for the representative.

Responsibilities

The Directors have overall accountability for ensuring the management of complaints and ensures the complainant receives a through and timely response.

Supporting Users of Services/Supporting Staff

Supporting Users of Services Assistance and guidance must be offered to the complainant. Distinction must be made between a member of staff assisting and giving general support to the complainant in making a complaint and the support provided by an independent advocate. A complainant is entitled to have an independent advocate assist him/her at any stage of the procedure.

Supporting Staff Being complained about can be difficult and stressful for staff. It is important to ensure that:

  • information regarding staff involvement is only provided on a need to know basis.
  • that staff cited in the complaint are advised of the content, progress and outcome of the complaint.
  • there is a clear separation of the complaints procedure from the disciplinary procedure
  • staff are supported by their local managers and colleagues
  • managers offer immediate support to staff who are responding to a difficult complaint or where extreme anger is being expressed

Links with other procedures

The resolution of a complaint may require links with other procedures e.g. the Hertfordshire Interagency Adults at Risk Procedures, Child Protection multi-agency procedures.

Claims for Negligence

The complaints procedure must cease or be suspended if the complainant has commenced legal action in respect of the complaint. This should be recorded in writing for avoidance of doubt.

Confidentiality

Complainants have the right to have their complaints considered in confidence. The identity of a complainant and other personal information will only be shared on a strict need to know basis or as otherwise lawfully, such as in substantial public interest within the terms of the Data Protection Act 1998. The local County Councillor is informed of a Stage 2 social care complaint but a complainant can request that his name is not disclosed.

When a complaint is brought on behalf of a service user, the service user if he/she is able, should be asked to give written consent to personal information being released to the person bringing the complaint.

Time Limit for making a complaint

Users of services should be encouraged to pursue any dissatisfaction by prompt use of the complaints process. Normally a complaint should be made within 12 months of the incident. There is discretion to extend this time limit where it would be unreasonable in the circumstances for the complaint to have been made earlier, and where it is still possible to investigate the facts of the case.

Complaints Concerning Discrimination

If the complainant or any witness intimates that the complaint includes a racist incident then that aspect must be investigated. A racist incident is defined in the Lawrence Enquiry report as "any incident regarded as such by the victim or anyone else".

Subject to their consent, complainants are categorised by the Complaint Department by age, ethnicity, disability and gender, for auditing purposes.

STAGE ONE - LOCAL RESOLUTION

Staff must distinguish between straightforward expressions of dissatisfaction e.g. concerns or grumbles and forward complaints.

Any member of staff may receive a complaint which can be verbal or written. The complaint must be notified to their line manager immediately and the appropriate procedure followed.

Responses to complainants must adequately meet the communication needs of the complainant, for example, typed in large print; audiotape versions or interpreting services for both oral and written communication must be made available throughout the process.

Verbal Complaints

Straightforward expressions of dissatisfaction and complaints should be resolved within the unit/team. Verbal complaints, their acknowledgement and response are noted on the Complaint Notepad.

For a serious verbal complaint or a complaint that cannot be resolved within 5 working days, the procedure for written complaints must be followed.

Written Complaints

On receipt of the written complaint, the person receiving the complaint will send a letter of acknowledgement to the complainant within 15 working days.

Based on the nature of the complaint, a decision is made by the responsible manager as to who will investigate the complaint and will meet with the complainant if necessary.

A copy of the letter of complaint, the acknowledgement and an outline of the proposed investigation is sent to the Complaints Manager within 15 working days.

Following investigation, the responsible manager will write a response to the standard required. The written response will be sent to the Complaints Manager within 15 working days of the receipt of the complaint.

When agreed, the response from the responsible manager together with a covering letter from the Direcote will be sent to the complainant within 30 working days of receipt of the complaint.

Timescales can be extended but the complainant must be informed in writing of the delay. The responsible manager will copy any such correspondence to the Complaints Manager.

An outcome report can be held on the clients file if relevant to future care, but the complaint documents are held in a separate local complaints file. A copy of the documentation is also held by the Complaints Manager.

Additional Requirement for Social Care Complaints relating to children

The Hertfordshire County Council Children's Complaints Officer must be notified where the complaint is made by a child or young person.

In these cases the Children's Complaints Officer must appoint an Independent Person for Stage 2 social care complaints. An Independent Person may also be appointed when the complaint significantly concerns the interests of a child but is made by a parent. The Independent Person's purpose is to form an objective and independent view. An Independent Person is not an advocate nor an investigator; their role is to ensure that the investigation is carried out fairly and correctly.

The Independent Person has full access to all the relevant information relating to the complaint and attends all the interviews carried out by the Investigating Officer. He/she will also offer to interview the complainant independently.

The Independent Person will take part in any discussions about the action, if any, to be taken in relation to the child in the light of the considerations.

The complainant and/or the person acting on their behalf will receive a response from the Service, including the Investigating Officer's report and a response from the Independent Person. The complainant will then be able to decide whether he/she is satisfied with the outcome.

Training and Awareness for Staff

All staff will receive training in the policy, procedure and guidance on the management of complaints.

Training in the policy and procedure will be mandatory.

Training will be attended annually.