Ci) Organisational requirements for dealing with complaints
The setting should have Concerns and Complaints Policy in place. The main aim of it is to ensure that 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.
When dealing with complaints the setting are to ensure that service users and their representatives, carers and visitors are aware of how to complain and that company provides easy to use opportunities for them to register complaints. A named person is responsible for administration of the procedure.
Every written complaint is acknowledged within two working days investigations into written complaints are held within 28 days, all complaints are responded to in writing by the setting complaints are dealt with promptly, fairly and sensitively with due regard to the upset and worry that they cause to both staff and service users.
The setting believes that complaints are best dealt with on a local level between the complainant and the home, but if either of the parties is not satisfied by a local process the case should be referred to the Care Quality Commission.
Legal requirements for dealing with complaints
Legal requirement for dealing with complaints is to follow Health and Social Care Act 2010 and National Minimum Standards – complaint policy. These standards require care home managers to have clear procedures that enable service users to make their views, concerns and worries known, and that reassure them that appropriate action will be taken.
Policies and procedures for dealing with suspicion or evidence of physical, financial or material, psychological or sexual abuse, neglect, self harm or degrading behaviour should also be put in place. Standards require that every care home: have clear and effective complaints procedure, which includes the stage of, and time scales, for the process. Other legal requirements to take into consideration ‘Data Protection Act 1998’, any information must be stored as stated in the act and all members of staff must be familiar with this and follow the guidelines. Human Rights Act, GSC codes of Practice and the Mental Capacity Act 2005 to empower and protect people who may lack capacity to make some decisions for themselves.
Cii) Describe how best to respond to complaints from service users, other practitioners and the family of service users.
Respond openly and appropriately to any comment or complaint made to you. If a complaint is made to you then you should ensure the individual making it understands how to use the complaints procedure, explain how it works and when they can expect to receive a response. Offer support in following the procedure to the individual making the complaint if appropriate. Advise your manager. Do not discourage individuals from making complaints or discuss complaints with colleagues or anyone other than your manager and do not promise to ‘sort it out’.