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Complaints Policy & Procedure

‍1. Purpose of this policy

1.1 To ensure Devon Mind has an effective system in place to manage complaints, compliments and suggestions.

1.2 To ensure that Devon Mind complies with any legal requirements, regulations, guidelines and best practice.

‍1.3 To ensure that our complaints and compliments process is fair and transparent and does not discriminate directly or indirectly because of;

‍Age
Disability
‍Gender reassignment
‍ Marriage and civil partnerships
Pregnancy and maternity
Race
‍Religion or belief
‍Sex
‍Sexual Orientation

2. Objectives

‍2.1 To 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.

2.2 To ensure staff at all levels within Devon Mind understand their roles and responsibilities with regard to handling complaints, compliments and suggestions.

‍3. Complaints

3.1 Devon Mind views complaints as an opportunity to enable the organisation to review and improve its services.

3.2 Devon Mind takes complaints seriously. They will aim to put things right that have gone wrong and learn lessons to avoid the problem happening again.

3.3 A complaint is an expression of dissatisfaction, either written or spoken.

3.4 A complaint can be made by an individual or a group.

3.5 You may wish to complain if you are not satisfied with the service you have received from Devon Mind.

4. Principles of Devon Mind’s complaints procedure

4.1 Devon Mind recognises that complaints are an important part of client and service user feedback.

4.2 Devon Mind will seek out opportunities to obtain feedback from service users and stakeholders. Devon Mind will act with sensitivity, integrity and professionalism by treating individuals that do complain or raise a suggestion with compassion, courtesy and respect.

4.3 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.

4.4 Complaints will be dealt with in confidence. The only exception to this is when others could be put at risk by matters referred to in the complaint.

4.5 If the complainant is not happy with the result of the response to the complaint, they will have the right to appeal.

4.6 Devon Mind is committed to ensuring that its services are of the highest quality. This procedure enables Devon Mind to respond clearly and properly to complaints, and to know when and why people are not satisfied with its services, so that it can improve them.

4.7 Anonymous complaints should be investigated in the same way as named complaints. They should be logged and any corrective action necessary should be taken and also logged.

4.8 Where a complaint or concern is raised that relates to service user being harmed or likely to be harmed, Devon Mind will follow the safeguarding policy and procedures in addition to the complaints procedures, seeking advice and guidance from the Local Authority Safeguarding Adults team.

5. Who can make a complaint?

5.1 This procedure is for people using Devon Mind’s services or experiencing Devon Mind’s work. It can also cover complaints made by families, carers, fundraisers, ambassadors, the local authority, NHS, commissioners, and members of the public.

5.2 Complaints or concerns by staff will be addressed via the Grievance Policy for Employees if the complaint or concern relates to them individually, or through the whistleblowing procedure where a protected disclosure is made.

5.3 Trustee complaints will be addressed through the Grievance Policy for Trustees.

5.4 All other volunteer complaints will be addressed through the Grievance Policy for Volunteers.

6. Making a complaint

6.1 There are three stages that you can go through to try and resolve the problem you have. You may wish to involve an advocate, friend, or someone else to support you at any stage.

6.2 If you need a sign language or community language interpreter, please let the person dealing with the complaint know and every reasonable effort will be made to provide it.

7. Stages of making a complaint

7.1 Stage one: Initial complaint

7.1.1 To make an initial complaint, please speak to or email the individual(s) concerned or their line manager, and we will endeavour to satisfy your complaint and let you know of any remedial action that is to be taken.

7.1.2 If you don’t know who to contact or do not wish to contact the individual involved, email admin@devonmind.com or submit the complaint online at https://www.devonmind.com/contact/feedback-compliments-complaints

7.1.3 All complaints will be acknowledged by the member of staff to whom you communicated your complaint within seven working days of receipt.

7.1.4 For Devon Mind to resolve your issue to the best of our ability, please include as much detail as possible regarding your complaint, including any relevant communications or documentation.

7.1.5 We will respond to stage one complaints within 28 working days from date of acknowledgement of receipt.

7.2 Stage two: Formal complaint

7.2.1 If you are not satisfied with the response you receive at stage one, or you would prefer your complaint to be formally investigated, you can request that your complaint is escalated to stage two, either through your contact at stage one, or directly via email to admin@devonmind.com or writing to Devon Mind, Plymouth Science Park, 1 Davy Road, Plymouth, PL6 8BX. Your complaint will be acknowledged within fifteen working days of receipt.

7.2.1 A manager will be assigned to investigate your complaint. We will aim to provide a written response within 30 working days from the date of the acknowledgement, from the person appointed to investigate it.

7.2.3 The response will include the following information:

· details of the investigation,

· a decision about whether the complaint was upheld or not,

· the reason for the decision,

· the redress, if appropriate, which will be offered to the complainant (for example, an apology, additional help, or directing to other sources of advice or support), and

· any other action that may be taken in light of the complaint.

7.2.4 If it is not possible to provide a full answer to the complaint within 30 working days, the letter will outline reasons why and give a date by which a full answer is expected.

7.3 Stage three: Appeal

7.3.1 If you not satisfied with the response to the complaint, you must outline the reasons for your dissatisfaction by letter or email within seven working days of receiving the response, to the CEO (or the Chair of the Board of Trustees, if the complaint was related to the CEO). If the Chair of the Board of Trustees is the subject of the complaint, or otherwise unavailable, then this will be passed to the Vice-Chair.

7.3.2 The Chair of the Board of Trustees will convene a special appeals panel made up of two members of the Board of Trustees. Panel membership will be restricted to people who have had no previous involvement in the complaint. The panel will aim to meet within 28 days of receipt of the appeal unless a longer period is required and agreed to. The panel will hear the complaint. The panel will also hear evidence from others involved in the complaint and its attempted resolution as they feel appropriate. You and your representative will also be able to question others involved in the complaint and to bring evidence and witnesses forward to the panel.

7.3.3 The chair of the appeals panel will aim write to you within 28 working days of the appeal meeting, to confirm:

· the final decision about the complaint,

· the reason for the decision, and

· the redress, if appropriate, which will be offered to the complainant (for example, an apology, additional help, or directing to other sources of advice or support).

7.3.4 If it is not possible to provide the outcome of the appeals panel within the suggested timeframe, we will communicate with you, outline the reasons why, and give a date by which a full response is expected.

7.3.5 The decision of the Appeals Panel is final.

8. Time limits

8.1 In circumstances where time limits in relation to complaints cannot be met due to unforeseen circumstances, you will be notified in writing. The reasons for the delay with adjusted timescales will be supplied by the person responsible for handling the complaint.

9. The complaints log

9.1 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.

9.2 Where complaints relate to a service user, a copy of the complaint will be held in their care records so that the service user can reflect on the recommendations.

9.3 Where complaints are raised by telephone, the log will include date and time of the call, and this should be followed up with written confirmation of the areas discussed.

9.4 Where complaints are to be shared as part of learning, the complaint should be anonymised so there is no identifiable information.

10. Investigations

10.1 All investigations will be managed by using the following approach:

· Investigating the fact;

· Assessing evidence;

· Review of records;

· Interviewing those involved.

10.2 Where necessary, advice and support will be sourced via senior managers within the organisation. The complaint should be investigated by a member of staff with the knowledge, experience and seniority to undertake the investigation robustly.

10.3 Confidentiality of information will be considered at all times and staff will adhere to the confidentiality policies and relevant codes of practice.

10.4 If an investigation of a complaint results in disciplinary action of staff within Devon Mind, the complaint will continue to its conclusion. The complainant will be informed that the investigation has led to disciplinary process, but the details of the outcome or ongoing investigation should remain confidential.

11. Vexatious Complaints

11.1 Devon Mind reserves the right to refuse to investigate a complaint in cases where the person making the complaint persistently refuses to follow the complaints procedure or is threatening, abusive or violent towards staff or trustees investigating the complaint.

12. Compliments

12.1 Receiving compliments is an opportunity to celebrate and recognise success. Devon Mind will ensure that:

· All compliments are shared with staff and displayed in public areas (e.g., staff portal) 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.

12.2 Devon Mind welcomes compliments in all formats – written (via email to admin@devonmind.com or letter), verbal, online (via the Devon Mind website https://www.devonmind.com/contact/feedback-compliments-complaints and social media channels).

13. Suggestions

13.1 Suggestions can be made verbally or in writing and generally are in response to seeking a means of changing practice for the better.

· Suggestions are not complaints but, in some circumstances, if they are not considered or actioned, they could lead to a complaint;

· When suggestions are raised in meeting or as part of a conversation, these should be documented and then outcomes of such suggestion recorded to show consideration;

· Staff should be encouraged to share their suggestions or suggestions received by others (e.g., service users, families, carers, partner agencies etc.);

· Devon Mind has a feedback system that welcomes suggestions from service users during and upon completion of an activity at Devon Mind.

13.2 Devon Mind welcomes suggestions in all formats – written (via email to admin@devonmind.com or letter), verbal, online (via the Devon Mind website https://www.devonmind.com/contact/feedback-compliments-complaints and social media channels).

14. Review and Reporting

14.1 Complaints, compliments and suggestions will be reviewed and reported to the Quality and Standards Committee at each of its meetings and a quarterly overview will be prepared for the board.

14.2 The purpose of these reviews will be:

· To identify key themes and trends at an early stage;

· To gather key learning indicators and adjust practice in response.

15. Accountability

15.1 The CEO of Devon Mind is responsible for the efficient operation of this procedure (or the Chair of the Board of Trustees if they are dealing with the complaint).

15.2 Responsibility for carrying out investigations of complaints may be delegated to appropriate managers under the authority of the CEO.

16. Monitoring, audit, and review

16.1 The Board of Trustees is responsible for managing this Policy and overseeing its implementation. The CEO is responsible for implementing the policy within their areas of work, and for overseeing adherence by staff and volunteers. Every member of staff and volunteer should take personal responsibility for conforming to it.

16.2 It is the responsibility of the CEO to audit compliance with all policies as part of the charity’s normal audit cycle, and to undertake or direct remedial action as required.