1 Introduction
1.1 Our aim is to put you, the service user, first and provide you with the best possible service. To make this aim a reality it is important that you have the opportunity to tell us what you think about the services we provide. The Service User Beneficiary Complaints, Compliments and Comments Procedure is one way you can do this. You can tell us when we get things wrong, so we can put them right. You can also tell us when we get things right, make comments about the things we do and suggest new ways of doing things.
1.2 We recognise that sometimes it is not easy to complain. If you do need to make a complaint, we will take your concerns seriously. We will treat you fairly and with respect and you can be confident that you will not receive a poorer service as a result. If we uphold your complaint you can expect an apology and for us to put things right quickly.
1.3 This procedure sets out how we will deal with your complaints, compliments and comments. The purpose of the procedure in relation to complaints is to resolve your complaint and put you back in the position you would have been in before having to make the complaint.
1.4 Darlington Mind’s complaints procedure has four stages. We will try to resolve the majority of complaints at stage 1 and where appropriate we will resolve the matter informally.
Each stage is equally important and is monitored by the Board of Trustees:• The informal or problem-solving stage• The formal stage (including investigation)• The appeal to the Board of Trustees• The external appeal
1.5 At stage 1 a Manager from the service you are complaining about will usually respond to your informal complaint and try to put things right. If you are not happy with the outcome you can ask for us to formalise your complaint at stage 2. Stage 2 complaints will usually be investigated by the Complaints Investigator – CEO, a Manager or third party appointed by the CEO for the purpose of investigation. Should the complainant be dissatisfied with the outcome of the investigation into their formal complaint at Stage 2, then they will have a final right to appeal at Stage 3 to the Board of Trustees who will then convene an appeal panel, who’s decision is final. Should the complainant remain unhappy with Darlington Mind’s response to their complaint they have the right to refer the complaint to an external arbitrator at Stage 4: National Mind or the Complaints Manager associated with the Commissioning Body of the Project.
1.6 It is important that all complaints, compliments and comments are made under these procedures, so we can monitor performance across Darlington Mind, identify topics and trends and improve services accordingly.
2 Complaints Investigator
2.1 The Complaints Investigator is the CEO, a Manager or third party appointed by the CEO for the purpose of investigation. The CEO oversees Service User Beneficiary Complaints, Compliments and Comments Procedure for Darlington Mind.
2.2 The Complaints Investigator can provide information about the complaints procedure in other formats and help arrange Advocates and Interpreters. The Complaints Investigator can also provide advice on the support available for staff involved in complaints.
2.3 The Complaints Investigator records and acknowledges all complaints made under the service user complaints procedure. They provide support to staff responding to stage 1 complaint; monitors the progress of stage 1 complaints and carries out stage 2 investigations and maintains the records for complaints at stages 3 & 4. The Complaints Investigator uses the information collected about complaints to identify any topics and trends and help improve services.
2.4 You can contact the Complaints Investigator by telephone, e-mail, in writing, in person or by any other reasonable means.
Complaints Investigator c/o Chief ExecutiveAddress: St Hilda’s House, 11 Borough Road, Darlington. Co. Durham. DL1 1SQ. E-mail: [email protected] *(Restricted and confidential email) Telephone: (01325) 283169
3 Defining complaints
3.1 Darlington Mind defines a complaint within the context of this policy document to be:“When an individual or group informs us, they are not happy about a service or something we have or have not done that has had an impact upon them”
4 Who can use the Service User Beneficiary Complaints, Compliments and Comments Procedure?
4.1 As a past or present Service User Beneficiary of Darlington Mind your feedback is important to us.
4.2 This procedure does not apply to complaints that are from a Referral Agency, Carer, Partner or Business Associate, Contractor or stakeholder of Darlington Mind. These should be raised using the Corporate Complaints, Compliments & Comments Procedure.
4.3 This procedure does not apply to complaints that staff may have in relation to their employment. These should be raised under Darlington Mind’s Grievance Procedure or Harassment and Bullying policy as appropriate.
4.4 This procedure does not apply to complaints from members of the general public who have not been impacted by a service.
5 How can you contact us?
5.1 We have tried to make it as easy as possible for you to tell us what you think. If you know the member of staff who delivers your service, you can speak to them about the problem.
5.2 You can fill out a Service User Beneficiary complaint, compliment & comments form which is attached at the back of this document or should you prefer, you may request a Service User Beneficiary complaint, compliment & comments form by contacting [email protected] or by contacting the Complaints Investigator (CEO).
6 What the procedure covers
This procedure covers compliments*(Refer to 6.5), comments*(Refer to 6.6) and complaints about:• a failure to provide accurate information• delays in decision making• dissatisfaction with a decision• delays in providing services• failure to deliver services (incl. the complaints procedure)• the appropriateness of services• the quality of services• changes to services• a failure to follow Darlington Minds policies and procedures (incl. the complaints procedure)• the impact of a Darlington Mind policy or action• the lack of proper procedures• complaints about the attitude or behaviour of staff* (Refer to 6.1)• complaints about the Chief Executive or Chairperson* (Refer to 6.2)• complaints involving more than one project* (Refer to 6.3)• anonymous complaints*(Refer to 6.4)
This list does not cover all complaints that might be made but gives you an indication of the kinds of matters that might be dealt with by Darlington Mind under this policy.
6.1 Complaints about the attitude or behaviour of staff - Where your complaint relates solely to the attitude or behaviour of a member of staff, we may deal with it under Darlington Mind’s Disciplinary Procedure. If the complaint relates to the CEO, then it will be referred to the Chair of Trustees and we may deal with it under Darlington Mind’s Disciplinary Procedure.
6.2 Complaints about the Chief Executive or Chairperson - We will refer complaints about the Chief Executive or Chairperson to a nominated member of the Darlington Mind Board of Trustees for determination by the Board as a whole.
6.3 Verbal complaints involving more than one project - If your verbal complaint (stage 1) involves more than one project, the project dealing with the main elements of your complaint will take the lead. The Project Lead will work alongside the other projects(s) and provide you with a single verbal response which will cover all the elements of your complaint.
6.4 Anonymous complaints - If you make an anonymous complaint, we will investigate it, however, we will not be able to provide you with a response. If you don’t want to give your name because you are concerned that it might affect your service, please be assured this will not be the case. If you do not want to speak to the member of staff who oversees the service, you can contact the Complaints Investigator – The CEO or his appointed deputy (Refer to 2.4).
6.5 Compliments - Compliments are a great way of telling us when we get things right. If you pay someone a compliment in person, they will note it down and pass the details on to the Complaints Investigator to be officially recorded. Compliments can help us share good practices and quality and help improve services.
6.6 Comments - Comments are also a great way of sharing your ideas about particular projects or services. If you pass your comments on to a member of staff, they will note it down and pass the details on to the Complaints Investigator to be officially recorded.
7. What the procedure does not cover
Listed below are things are not covered by this procedure because they are either covered by another policy or procedure or are outside of Darlington Mind’s control.
They include:• matters dealt with under Darlington Mind’s Disciplinary Procedure• insurance claims against Darlington Mind Ltd*(Refer to 7.1)• requests for information including subject access requests• complaints from a Referral Agency, Carer, Partner or Business Associate, Contractor or Stakeholder of Darlington Mind *(Refer to 7.2)• complaints that have already been investigated at stage 2, stage 3 & stage 4 of Darlington Mind’sService User Beneficiary complaints procedure• complaints made 12 months after the date you learned that something went wrong (in some cases we may be able to consider your complaint)*(Refer to 7.3)• complaints outside Darlington Mind’s control (for example, complaints about utilities companies or the structure of the premises although we can advise you who you should address your complaint to)• complaints subject to legal proceedings* (Refer to 7.4)
7.1 Insurance Claims - We will not usually look into your complaint if the issue is something which should be dealt with as an insurance claim against Darlington Mind. This kind of complaint would be referred to our Insurers through a formal claims process.
7.2 Complaints, compliments and comments by: Referral Agency, Carer, Partner or Business Associate, Contractor or Stakeholder of Darlington Mind. You can make a complaint, compliment or comment about Darlington Mind Services or Staff using the Darlington Mind Ltd Corporate Complaints, compliments and comments procedure.
To request a copy of the Corporate Complaints, Compliments & Comments Procedure which has a copy of the complaint form attached you can contact the:Corporate Complaints Investigator (CEO)Darlington Mind Ltd, St Hilda’s House, 11 Borough Road, Darlington. Co Durham, DL1 1SQ. Tel: 01325 283169Email: [email protected]
7.3 Complaints made 12 months after the date you learned that something went wrongThough not exclusive, we may accept your complaint for one or more of the following reasons:
• We believe that there would be a benefit to you in looking into your complaint• There is likely to be enough information available from the time the event happened to enable an effective and fair investigation to be carried out• There are enough individuals available from the time of the event you describe to enable an effective and fair investigation to be carried out• There is a legal requirement on Darlington Mind Ltd to investigate the complaint, as advised by our legal advisors
7.4 Complaints subject to legal proceedings
We will not usually look into your complaint if you have or intend to take legal action in relation to the issue. Such complaints will be dealt with by our legal advisors on behalf of Darlington Mind Limited and its Board of Trustees.
8. Advocacy Support
8.1 If you need some help to make a complaint you can receive support services from an Advocacy Project.
For DARLINGTON Contact: Darlington Association on Disability, 1P Enterprise House, South Entrance, Valley Street North, Darlington, DL1 1GY. Tel: 01325 360524. Text: 07624818780. Fax: 01325 267350Email: [email protected]
For NORTH YORKSHIRE contact: Total Advocacy - Cloverleaf Advocacy 2000 Ltd, First Floor, 9 Wellington Road, Dewsbury. West Yorkshire. WF13 1HF. Tel: 01609 765355.Email: [email protected] Web:www.cloverleaf-advocacy.co.uk
For COUNTY DURHAM contact: Rethink Mental Illness c/o 28 Albert EmbankmentLondon SE1 7GR Tel: 0300 7900 559 Email: [email protected] or Rethink Advocacy | County Durham advocacy service
If someone is complaining on your behalf you must tell us you have given your consent for us to share your personal information with them.
9. Accessibility and equal opportunities monitoring
9.1 We are committed to making sure that everyone has equal rights to all our services, including the complaints procedure. To help make sure our complaints procedure is easily accessible we:• use plain language• accept complaints over the phone or in person, in writing, by e-mail or by any other reasonable means, providing the complaint is made in a formal manner
• can provide access to information and responses in Braille, large print, audio, easy read format and other languages where needed
• can provide translators (including sign language translators) where needed
10. Complaint Stages
10.1 Stage 1 - An informal complaint refers to any comment of dissatisfaction, which does not entail a formal complaint or require an official written response. Such complaints tend to be made verbally. Sometimes complaints can be dealt with most effectively by simply talking to the person involved and making their view known.
If you complain, you should express your views openly. These should be listened to and acknowledged. Every attempt should be made to resolve the problem at this stage you will be asked for ideas on an appropriate solution, and steps should be taken to meet this wherever it is reasonable. Informal complaints, through the compliments documentation, are usually the responsibility of the Project Lead working at Darlington Mind. The aim is to keep the process as straight forward as possible and to deal with the issues on the spot in an informal manner. If the Project Lead does not have the time to deal with the informal complaint immediately then this should be explained to the complainant and an invitation to return for a specific mutually convenient meeting. Feedback about the informal complaint (and resolutions made) should be passed to the Complaints Investigator, Darlington Mind so that the information can be recorded and monitored.
This stage may be by-passed entirely if so, wished by the complainant.
10.2 Stage 2 - If a resolution is not reached and the complainant is not happy with the result of Stage 1 or the complainant wishes to by-pass Stage 1; a formal complaint may be registered with the Complaints Investigator Stage 2. This should be done in writing and a copy of the complaint’s procedure including the complaints form will be issued.
The complaint will be acknowledged as soon as possible. The complainant will be contacted to discuss and establish the full details of the complaint by the Complaints Investigator within 5 working days of receipt of the complaint. The aim is to get a better understanding of the nature and circumstances surrounding the complaint. It is also an opportunity to establish any possible outcomes that the complainant is hoping for.
REPLACES PREVIOUS ARRANGEMENT TO HOLD A MEETING OF ALL PARTIES WITHIN 5 WORKING DAYS
Following this discussion, the Complaints Investigator will interview and collect written & signed statements from individuals involved in the complaint (if required) including any relevant witness statements within 28 working days after the initial discussion with the complainant. (This timescale may need to be extended should individuals not be available – the complainant will be informed).
Staff interviewed by the Complaints Investigator are entitled to have a union representative or friend with them at the time of interview should they choose to do so.All statements and interviews should be treated in the strictest of confidence. Their storage must comply with GDPR regulations. Nothing should be placed on staff records unless formal action is taken against an individual.
On receipt of all signed statements the Complaints Investigator will present their report to the CEO for a decision. This will be reported to the complainant along with an indication of what actions, if any, have been taken in response to the complaint.
10.4 Stage 3 - Should the Complainant be dissatisfied with the CEO’s response at Stage 2 of the investigation, the Complainant has a right to a final appeal to the Board of Trustees who will then convene an appeal panel. Membership on the panel must be restricted to people who have no previous involvement in the complaint.
The appeals panel will provide a written response to the Complainant within 28 working days (This timescale may need to be extended should individuals not be available – the complainant will be informed). The written response must include an advice slip at the bottom of the statement for the complainant to agree or disagree with the decision reached by the Appeal Panel.
The Complaints Investigator must receive a copy of the response sent to the complainant by the Appeals Panel.
All individuals who have provided written statements must be informed in writing of the response outcome, the recommendations or follow-up actions as decided by the Appeals Panel.
10.6 Stage 4 - Alternatively should a complainant not be happy at any stage with Darlington Minds response the individual may wish to write to the Local Council, (where Mind Services are provided under an Individual Agreement) to:
For Darlington: The Complaints and Information Governance Manager (The Complaints Manager), Darlington Borough Council. Town Hall, Darlington. DL1 5QT. Tele: 01325 406777 Email: [email protected]
For North Yorkshire: You can make a complaint online by following this link: https://www.northyorks.gov.uk/adult-social-care-complaintsFor County Durham: You can make a complaint online by following this link: https://www.durham.gov.uk/complaints
Alternatively, the Local Government Ombudsman (LGO), (where Mind Services are provided under a Private Agreement) to: The Local Government Ombudsman (LGO) website: www.lgo.org.uk/adult-social-care/ Telephone: 0300 061 0614
11. Record keeping and data sharing
11.1 During the complaints process a file containing correspondence and other relevant documentation will be maintained by the Responding/Investigating Officer.
11.2 Following the conclusion of each stage of Darlington Minds complaints procedure any documents will be held by the Complaints Investigator. Any irrelevant information will be disposed of in a secure manner (i.e. shredding of paper documents and deletion from electronic systems).
11.3 All records will be kept in line with Darlington Mind’s file Retention of Records Policy.
11.4 During the complaints process it may be necessary to share your personal details with Mind personnel,Trustees & Mind’s Solicitor. We will only share details that are relevant to the complaint.
11.5 If you decide to take your complaint to an external arbitrator your personal data may be shared with the Director of Network Support or Complaints Manager/Other Personnel of the Commissioning Body.
11.6 All personal data will be securely stored and will be processed in line with Darlington Minds Data Protection Policy and the provisions of GDPR.