Policy Statement

Selah HomeCare accepts the rights of Service Users to make complaints and to register comments and concerns about the services received. It further accepts that they should find it easy to do so. It welcomes complaints, seeing them as opportunities to learn, adapt, improve and provide better services. 

All complaints, including verbal complaints, are passed to the manager. Our Service Users are informed that they can contact the Care Inspectorate at any time about a complaint.

The Policy

This policy is intended to ensure that complaints are dealt with properly and that all complaints or comments by Service Users and their relatives, carers, and advocates are taken seriously. It is not designed to apportion blame, consider the possibility of negligence or provide compensation; it is not part of the company’s Disciplinary Policy.

Selah HomeCare believes that failure to listen to or acknowledge complaints leads to an aggravation of problems, Service User dissatisfaction, and possible litigation. The organisation supports the idea that most complaints if dealt with early, openly, and honestly, can be sorted at a local level between just the complainant and the organisation.

The complaints procedure is made available to Service Users and families in their Service User’s guide. A copy is always kept in their care plan in their homes and available in a format that can be understood. 

Aim of the Complaints Procedure

At Selah HomeCare, we aim to ensure that the 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. We inform Service Users how they can contact the Care Inspectorate at any time regarding a complaint, either before, during, or after the complaint is made or if they are unsatisfied with the outcome.

Specifically, Selah aim’s to ensure that:

• Service Users, carers, and their representatives are aware of how to complain and that the company provides easy-to-use opportunities for them to register their complaints.
• A named person will be responsible for the administration of the procedure.
• Every written complaint is acknowledged within 5 working days.
• All complaints are investigated within 14 days of being made.
• All complaints are responded to in writing within 20 days of being made.
• Complaints are dealt with promptly, fairly, and sensitively, with due regard to the upset and worry they can cause to Service Users and staff.
• Complaints are dealt with promptly, fairly, and sensitively, with due regard to the upset and worry they can cause to Service Users and staff.

Complaints Procedure

Receiving Complaints

A complaint should be made as soon as possible but normally no later than 6 months after the incident or event, the later the complaint is made, the more difficult it will be to investigate.

Complaints may arrive through many channels, face to face to our staff members or directors, telephone, email or through any other contact details or opportunities the complainant may have. 

Complaints can be made across to the Contact List below: 

Complaints Contacts List

Designated Person:

Name: Helen Omotowa
Address: 11 Telford Grove, Edinburgh, United Kingdom,EH4 2UL | 

Phone: 07876 034569. 

Social Services Local Office:

Name: West Pilton Gardens Social Work Centre 

Address: North Edinburgh Local office 8 West Pilton Gardens, Edinburgh EH4 4DP

Phone: 01315295400

Care Inspectorate Scotland:
Telephone: 0345 600 9527
Website www.careinspectorate.com

Scottish Public Services Ombudsman (SPSO)
Freephone advice line: 0800 377 7330
Online: www.spso.org.uk/contact-us
Address. Bridgeside House, 99 McDonald Road, Edinburgh, EH7 4NS
Note: a Freepost envelope can be requested via the above advice line or the online contact form.
Fax: 0800 377 7331

Mental Welfare Commission for Scotland will investigate complaints in relation to someone’s mental welfare                                                                                                          Welcome | Mental Welfare Commission for Scotland (mwcscot.org.uk)                                       Mon -Fri Advice Line 08003896809

Selah Staff will need to make a written record of complaints received by telephone or in person. The note or record will be sent to the complainant for agreement before commencing an investigation. 

The person making a written record of a verbal complaint should never be the subject of the complaint

The Selah Staff who receives a phone or in person complaint should: 

• Write down the facts of the complaint 
• Take the complainant’s name, address, email address and telephone number and establish the complainant’s preferred contact method 
• Note down the relationship of the complainant to the organisation (for example supplier, family member, etc.) 
• Ensure that the complainant has a copy of our complaint’s leaflet/procedure. 
• Tell the complainant what will happen next and how long it will take 
• Where appropriate, ask the complainant to send a written account by post or by email so that the complaint is recorded in the complainant’s own words 
• Treat any information sensitively, telling only those who need to know and following any data protection requirements.

Resolving the Complaint

Verbal Complaints – Stage 1

• Selah staff accepts that all verbal complaints, no matter how seemingly unimportant, must be taken seriously and reported to the manager for investigation.
• In many cases, a complaint can be resolved swiftly by the person responsible for the issue being complained about, but the manager must always be informed 
• If they cannot solve the problem immediately, staff should offer to get their line manager to deal with the complaint.
• Selah Staff are expected to remain polite, courteous, sympathetic, and professional to the complainant. They are taught that there is nothing to be gained by adopting a defensive or aggressive attitude.
• At all times in responding to the complaint, the staff are encouraged to remain calm and respectful.
• Selah Staff should not make excuses or blame other staff.

• Whether or not the complaint has been resolved, the complaint information should be passed to the designated manager and on receiving the complaint, they will see that a record is made in the complaints log if not already done. 
• If it has not already been resolved, they may delegate an appropriate person to investigate and take appropriate action. 
• If the complaint relates to a specific person, they should be informed and given a fair opportunity to respond. 
• Complaints should be acknowledged by the person handling the complaint within 5 working days. The acknowledgement should say who is dealing with the complaint and when the person complaining can expect a reply. 
• A copy of this complaint’s procedure should be attached. 
• Ideally, complainants should receive a definitive reply within 20 working days. If this is not possible because, for example, an investigation has not been fully completed, a progress report should be sent with an indication of when a full reply will be given
• Whether the complaint is justified or not, the reply to the complainant should 

      describe the action taken to investigate the complaint, the conclusions from the 

      investigation and any action taken as a result of the complaint. Confidential employee information, including details about any disciplinary action taken, would not be confirmed to the complainant.   

• If the suggested action plan is not acceptable to the complainant, the member of staff or manager will ask the complainant to write their complaint to the registered manager. The complainant should be given a copy of the company’s complaints procedure if they do not already have one.
• Details of all verbal and written complaints must be recorded in the complaints log, the Service User’s file, and the home records.

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 for 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 before discussing the complaint with the advocate

Serious or Written Complaints – Stage 2

Preliminary steps:

• At Selah HomeCare, when we receive a written complaint, it is passed to the registered manager or designated lead manager, who records it in the complaints book and sends an acknowledgement within 5 working days to the complainant.
• The manager also includes a leaflet detailing the organisation’s procedure for the complainant. (The designated person is the named person who deals with the complaint throughout the process.)
• If necessary, further details are obtained from the complainant. If the complaint is not made by the Service User, but on the Service User’s behalf, the consent of the Service User, preferably in writing, must be obtained from the complainant, when required.
• If the complaint raises potentially serious matters, advice could be sought from a legal advisor. If legal action is taken at this stage, any investigation by the organisation under the complaint’s procedure ceases immediately.

Investigation of the complaint by the Selah HomeCare:

Complainants should receive a definitive reply within 20 working days. If this is not possible because, for example, an investigation has not been fully completed, a progress report should be sent with an indication of when a full reply will be given. 

Whether the complaint is upheld or not, the reply to the complainant should describe the action taken to investigate the complaint, the conclusions from the investigation, and any action taken as a result of the complaint. Confidential employee information, including details about any disciplinary action taken, would not be confirmed to the complainant.   

The decision taken at this stage is final unless the designated manager or directors had decided that it is appropriate to seek external assistance with resolution.

Meeting:

• If a meeting is arranged, the complainant will be advised that they may, if so desired, bring a friend, relative, or a representative, such as an advocate.
• At the meeting, a detailed explanation of the results of the investigation will be given, in addition to an apology if deemed appropriate (an apology is not necessarily an admission of liability).
• Such a meeting allows the management to show the complainant that the matter has been taken seriously and investigated thoroughly.

Follow-up action:

• After the meeting, or if the complainant does not want a meeting, a written account of the investigation will be sent to the complainant. This includes details of how to approach the Care Inspectorate if the complainant is not satisfied with the outcome.
• The investigation and meeting outcomes are recorded in the complaints book, and any shortcomings in company procedures will be identified and acted upon.
• The company management formally reviews all complaints at least every six months as part of its quality monitoring and improvement procedures to identify the lessons learned.

Vexatious Complainers

Selah Homecare  takes seriously any comments or complaints regarding its service.  However, there are Service Users who can be treated as ‘vexatious complainers’ due to the inability of the organisation to meet the outcomes of the complaints, which are never resolved.  Vexatious complainers need to be dealt with by the arbitration service so that the repeated investigations become less of a burden on the organisation, its staff, and other Service Users.

Care Inspectorate

A complaint can be made directly to the Care Inspectorate through their online form, over the phone, by email or by letter. Complaints can be made directly to the Care Inspectorate at any time.

However, the Care Inspectorate advises that the complainant informs the service provider first of all about the complaint.

The Care Inspectorate confirms receipt within three working days and aims to have their investigation completed within 40 days if your complaint meets their criteria.

The complaint should include:

• What the issue is and how it impacts you or your loved one
• Who is involved, with names and position of staff if you know them
• When and where the incident took place or if it is ongoing
• What action you have already taken to try to resolve the problem
• What results you want from your complaint
• Any relevant documents that reinforce your argument

If, after the Care Inspectorates investigation, the complainant is still not satisfied with the decision, they can contact the Scottish Public Services Ombudsman (SPSO) to investigate the decision, which is the final stage for handing complaints about public services in Scotland.

The SPSO does not investigate the Care Inspectorate’s decision itself, only how they handled the complaint. 

The SPSO cannot force the Care Inspectorate to change their decision or enforce action against an employee or individual. They can however recommend the Care Inspectorate to address any failures and make sure they are followed.

Anonymous Complaints

Any Anonymous complaints received will be noted and an investigation will be carried out to the best of our abilities with the information provided but we will be unable to notify the complainant of our findings and or actions.

Unresolved Complaints

When there is an unresolved complaint between the provider and the Service User, there are various agencies to which the Service User should be informed or to which the Service User should be signposted for further assistance. 

Generally, it is only when you have reached and exhausted the Stage 2 process that you can access any of the relevant contacts listed below. This should include written confirmation of the outcome of Stage 2 and, when the complainant is still not satisfied, the contacts list should be considered as the next step in the resolution of the complaint. The complainant should be assisted to access such support.

Accessibility 

Policies and procedures are available in accessible formats, well publicised, readily available, and accessible to individuals using the service, their families, significant others, visitors, staff, and others working at the service.

Related Policies

Adult Support and Protection

Consent

Dignity and Respect

Good Governance

Quality Assurance

Related Guidance

The Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 210 2011
http://www.legislation.gov.uk/ssi/2011/210/pdfs/ssi_20110210_en.pdf

Care Inspectorate, Procedure for Handling Complaints: http://www.careinspectorate.com/images/documents/4266/Handling%20complaints%20in%20social%20care%20RO.pdf

Care Inspectorate, Handling Complaints in Registered Care Services: https://www.careinspectorate.com/images/documents/82/Procedure%20for%20handling%20complaints%20-%20March%202020.pdf

Training Statement 

Selah HomeCare is committed to the continuous improvement of its services and views staff learning and training as core to delivering a quality service. With the Health and Social Care Standards and Principles, and associated codes of practice, we will take the opportunity to review our learning and training programme to ensure that the standards and principles are fully embedded and that they are reflected in all we do.

Date Reviewed: April 2024

Person responsible for updating this policy: Helen Omotowa

Next Review Date: April 2025