- Sunshine Care Stafford Ltd understands complaints to be an expression of dissatisfaction requiring a response, communicated verbally, electronically, or in writing. Complaints may be made by any Service Users, their family or advocate acting on their behalf, with their consent or in their best interests
- Sunshine Care Stafford Ltd takes complaints seriously. We will aim to put things right that have gone wrong and learn lessons to avoid the problem happening again. This policy sets out the framework for how Sunshine Care Stafford Ltd will achieve this. The detail of how Sunshine Care Stafford Ltd will do this will be found in the associated procedures
- Sunshine Care Stafford Ltd will comply with legislation, national guidelines, regulation and best practice when managing complaints and suggestions. A systematic approach will be taken with all aspects of complaints and suggestions
- Complaints or concerns by staff will be addressed via the grievance process if the complaint or concerns relates to them individually or the Whistleblowing procedure where a protected disclosure is made
- Sunshine Care Stafford Ltd understands our statutory obligations in respect of the Duty of Candour and will ensure we follow the agreed policy and procedure
- Sunshine Care Stafford Ltd will ensure that the complaints and compliments process at Sunshine Care Stafford Ltd is fair and transparent and does not discriminate directly or indirectly because of the following:
- Being or becoming a transsexual/transgender person
- Being married or in a civil partnership
- Being pregnant or on maternity leave
- Race including colour, nationality, ethnic or national origin
- Religion, belief or lack of religion/belief
- Sexual orientation
The complainant will feel free to complain without fear of reprisals and will be treated with courtesy, respect and compassion. Sunshine Care Stafford Ltd will ensure that the process of how to make a complaint and the feedback is provided in a way that meets the Accessible Information Standards and is in a format that the Service User can understand.
Seeking Views and Engaging with Service Users
Sunshine Care Stafford Ltd will seek out opportunities to obtain feedback from Service Users and stakeholders. Sunshine Care Stafford Ltd will act with sensitivity, integrity and professionalism by treating individuals who do complain or raise a suggestion with compassion, courtesy and respect. The service will protect the Service User’s right to confidentiality. Sunshine Care Stafford Ltd 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.
Staff will undertake training on how to manage complaints in line with their role and responsibilities.
- Sunshine Care Stafford Ltd understands that it can be difficult to separate a complaint from a concern, therefore, Sunshine Care Stafford Ltd will follow this policy when any dissatisfaction arises with the
- A full record will be held of all complaints received regardless of the level of seriousness and means of communication. This approach allows an open and transparent culture around raising concerns in the earliest stage to allow resolution. A record of the complaint will also be held in the Service User’s Care file and reported in line with contractual or regulatory
Where a complaint or concern is raised that relates to a Service User being harmed or likely to be harmed, Sunshine Care Stafford Ltd will follow its Safeguarding Policy and Procedures in addition to the complaints procedures, seeking advice and guidance from the Staffordshire County Council Safeguarding Adults team
and escalating concerns in line with Staffordshire County Council procedure. Sunshine Care Stafford Ltd will also notify CQC in line with our statutory duty.
Roles and Responsibilities All Staff
It is acknowledged that all staff working within Sunshine Care Stafford Ltd may be presented with an individual wishing to raise a concern or complaint at any time, therefore staff need to be able to manage this in a sensitive, structured and timely manner. In order to do this staff will:
- Be trained on induction and as a routine measure to ensure knowledge is embedded and refreshed around the complaints procedure
- Have access to the complaints procedure
- Be provided with the opportunity to reflect and learn from complaints as a means of developing and driving quality care
- Appreciate that any feedback from Service Users or their representatives that is of concern needs immediate resolution, where possible, to their satisfaction. Care Plans will be updated to reflect the planned changes to care and the Registered Manager informed of the feedback. Failing to do this may result in a complaint
- Be clearly advised that on presentation of a complaint, swift escalation to management is necessary and purposefully withholding or concealing of concerns expressed by Service Users or their representatives may lead to disciplinary action
Sunshine Care Stafford Ltd Management Team
- The management team at Sunshine Care Stafford Ltd is responsible for ensuring compliance with this policy, regulations, improvement planning and having arrangements in place to provide
relevant reports and information regarding complaints
- Leona Jordan is the main point of contact for the receipt, investigation and management of complaints within Sunshine Care Stafford Ltd. However, this may be delegated to a senior member of staff within Sunshine Care Stafford Ltd who holds the experience, knowledge and competence to investigate and manage complaints
- Sunshine Care Stafford Ltd will ensure the procedure for raising a complaint is accessible and displayed prominently in Sunshine Care Stafford Ltd on the website of Sunshine Care Stafford Ltd and within the Service User information and guides. Alternative languages and formats will be available on request
Compliments and Suggestions
Sunshine Care Stafford Ltd welcomes compliments and suggestions and recognises their importance in celebrating and recognising the success of our service and opportunities for improvement. We will engage with a wide range of stakeholders in addition to Service Users to support service development and improvement. We will share feedback with our staff.
One Complaint, One Response
Sunshine Care Stafford Ltd will follow the Local Government and Social Care Ombudsman best practice and where Service Users are receiving services for more than one organisation, we will ensure they can make a complaint to anyone and be provided with a single response following a joint investigation.
A complaint can be received by Sunshine Care Stafford Ltd either verbally or in writing and can be made by:
- Service Users
- Someone acting on behalf of a Service User and with their written consent, e.g. an advocate, relative, Member of Parliament
- Someone acting on behalf of a Service User who is unable to represent his or her own interests, provided this does not conflict with the Service User’s right to confidentiality or a previously expressed wish of the Service User
Sunshine Care Stafford Ltd will ensure that Service Users are given information on how to make a complaint and the process once a complaint has been made, including any agreed timescales.
Time Limits for Submitting a Complaint
Complaints should be submitted within 12 months of the incident or concern arising. The time limit, however, can and should be waived, if:
- It is still practical and possible to investigate the complaint (the records still exist and the individuals concerned are still available to be questioned, etc.) and
- The complainant can demonstrate reasonable cause for delay in making the complaint It is at the discretion of the manager of the service if the time limit can be set
When a complaint is raised to staff, staff will make an effort to resolve it immediately to the satisfaction of the complainant.
Staff will apologise for the fact that there was the need to complain in the first instance and explain the complaints process as described in the procedure steps.
Staff will report the complaint to the most senior member of staff on duty and the complaint will be logged.
Formal acknowledgement of all complaints received (whether verbal or written) will be sent within 3 working days to the complainant. This could be via letter or email. Sunshine Care Stafford Ltd will have a local system in place to manage out-of-hours and weekend complaints received.
The acknowledgement will include:
- An invitation to meet and discuss the complaint
- Who will be investigating the complaint
- How the investigation will be handled – the response should state what the investigation will be focussed on
- A time limit for the investigation to be concluded. This should be 28 days; however, some cases may take longer and the complainant will be made aware of this
- The complaints procedure and contact details of bodies that can be accessed in the event of dissatisfaction with the outcome of the investigation
Following a full investigation, a response letter will be sent and this will include the following:
- A summary of the issue from the complainant’s point of view
- Details of the evidence and sources consulted in order to investigate the issue fully and fairly
- A presentation of the findings for each issue clearly and concisely described
- A conclusion, stating clearly whether the issue is “upheld”, “partially upheld” or “not upheld”; unless it is ineligible, in which case the reason for this will be given, e.g. out of time or out of jurisdiction
- An explanation of the outcome and whether any remedial action or learning points arise from the investigation of that issue
- An apology where the issue is upheld and shortcomings or failings have been found
- The complainant’s rights if not satisfied with the outcome to refer to The Local Government and Social Care Ombudsman
- A signature from the responsible individual or sent by email in their name
The complaint will be closed once confirmation has been received that there is satisfaction with the outcome. In the event of dissatisfaction, Sunshine Care Stafford Ltd will support the complainant to access further support.
The Complaints Log
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
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.
Where complaints are raised by telephone, the log will include the date and time of the call and this will be followed up with written confirmation of the areas discussed.
Where a complaint indicates the potential abuse of Service Users, safeguarding policies will be followed as per local authority expectation and necessary notifications made to the regulatory body. Where Care is commissioned by Staffordshire County Council their reporting procedure for notifying them of complaints will be followed.
Where complaints are to be shared as part of learning, the complaint will be anonymised so there is no identifiable Service User information.
All investigations will be managed by using the following approach:
- Investigating the fact
- Assessing evidence
- Review of records
- Interviewing those involved
Where necessary, advice and support will be sourced via senior managers within the organisation. The complaint must be investigated by a member of staff with the knowledge, experience and seniority to undertake the investigation robustly.
Confidentiality of information will be considered at all times and staff will adhere to the confidentiality policies and relevant codes of practice.
If an investigation of a complaint results in disciplinary action of staff within Sunshine Care Stafford Ltd, 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 will remain confidential.
There are many bodies that can support or will need to be informed of unresolved complaints:
1. Care Quality Commission
Individuals can escalate their complaint to the Care Quality Commission via:
- Website cqc.org.uk
- Email email@example.com
- Address Care Quality Commission (CQC) National Correspondence
Citygate, Gallowgate Newcastle upon Tyne NE1 4PA Tel: 03000 616161
Fax: 03000 616171
2. The Local Government and Social Care Ombudsman (for those Service Users that are funded by local authority-funded social services care or self-funded)
Individuals have the right to raise their complaint to the Local Government and Social Care Ombudsman.
This is a free service and individuals can contact their Local Government and Social Care Ombudsman via: The Local Government and Social Care Ombudsman
PO Box 4771
Coventry CV4 0EH Tel: 0300 061 0614
Complaint form: https://www.lgo.org.uk/complaint-form
Individuals must be advised that the Local Government and Social Care Ombudsman will not investigate the complaint until the provider has had the opportunity to respond and resolve the matter in the first instance.
- Parliamentary and Health Service Ombudsman (For Service User that are NHS funded) Individuals have the right to raise a concern about a service that is NHS funded. This is a free service and individuals can contact via:
Leona Jordan can also signpost individuals to Healthwatch and the local independent complaints advocacy services (ICAS).
4. Clinical Commissioning Groups
Individuals can make a complaint about a health service they are receiving or have received and can discuss this with the commissioner of the service. Local contact details can be located here.
5. Local Authority Complaints Teams
Individuals have the right to raise concerns and complaints about adult social care regardless of whether or not they pay for their own Care or if the Council funds it. Individuals can make a complaint about organisations who provide services on the Council’s behalf. The contact details for the Local Authority Complaints Team are:
Local Authority Complaints Team
6. Professional Bodies
If a complaint involves the serious misconduct of a healthcare professional, their relevant professional body can be informed and this is determined on an individual case basis in discussion with the Registered Manager.
For any external bodies managing complaints Sunshine Care Stafford Ltd will work with the external body providing information as requested within any agreed timescales expected.
Receiving compliments is an opportunity to celebrate and recognise success. Sunshine Care Stafford Ltd will ensure that:
- All compliments are shared with staff and displayed in a public area 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
- Verbal positive feedback from Service Users and relatives is also deemed as compliments and will be recorded and shared with colleagues
- Compliments form a core agenda item at staff, Service User and relative meetings
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 will be documented and then outcomes of such suggestion recorded to show consideration
- Staff will be encouraged to share their suggestions or suggestions received by relatives and Service Users to the Registered Manager
- Leona Jordan at Sunshine Care Stafford Ltd will consider implementing a suggestions system to encourage comments from Service Users, staff, and visitors
Audit and Evaluation
Sunshine Care Stafford Ltd will monitor, review and analyse all information received about the service as a means of continuously reviewing performance, quality and safety.
Sunshine Care Stafford Ltd will also:
- Share themes and trends with Care Workers working for Sunshine Care Stafford Ltd
- Ensure that staff are trained to deal with complaints and understand the procedure for managing complaints
Anonymous complaints will be investigated in the same way as named complaints. They will be logged and any corrective action necessary will be taken and also logged.
One Complaint, One Response
Where more than one organisation is involved in the Service User’s Care they, or their representative,
will be able to complain to any of them and Sunshine Care Stafford Ltd will contact the other organisations, carry out a joint investigation and provide a single joint response. Service Users must not have to contact each organisation separately.
If someone complains and Sunshine Care Stafford Ltd is not responsible for the care or service complained about, rather than turning them away, Sunshine Care Stafford Ltd will share the concerns with the correct organisation(s). You will need the individual’s permission to do this. If the person prefers that their complaint is not shared with another organisation (or organisations), Sunshine Care Stafford Ltd
will signpost them to the right organisation instead and provide the person with their contact details. Sunshine Care Stafford Ltd will follow LGO guidance for managing this.
- All efforts will be made by Leona Jordan to resolve all complaints within Sunshine Care Stafford Ltd. If a Service User does not wish to raise a complaint directly to management within Sunshine Care Stafford Ltd, in the first instance, staff will try and sensitively establish their reasons why and aim to resolve and address any concerns that
Decisions to raise complaints outside of Sunshine Care Stafford Ltd will be fully respected and the Service User will be supported to raise their complaint to the commissioner of the service or to seek the support of an independent advocate or representative. Staff can also refer to section 5.6 for a further list of organisations that can be accessed.
Service Users can also be signposted to the Citizens advice guidance.