Complaints Policy
1. Purpose and Scope
Macro Building Management is committed to taking seriously any complaint that concerned individuals may have about the service, care, support and treatment provided within the organization. Macro Building Management ensures that service users, their families and members of the public are aware of their right to make a complaint and their rights throughout the complaints management process.
This policy is intended to ensure that complaints are dealt with properly and that all complaints are taken seriously and addressed in a professional manner.
The purpose of this document is to detail the policy and process of Macro Building Management in relation to the handling of complaints as defined by Section 38 of the Health Act 2004 and the Health Act 2004 (complaints) Regulations 2006. This document is in accordance with the policy for the management of complaints in the Health Service Executive, to serve a guideline.
Macro Building Management commits to safeguarding the rights and dignity of centre users and staff members in the implementation of this policy and associated supporting documents.
Macro Building Management have designated the CEO as the Complaints Officer for the purpose of dealing with complaints made, in accordance with Part 9 of the Health Act 2004.
All information obtained through the course of complaint management will be treated in a confidential manner and in line with the Data Protection Act 1988 and 2003 and the Freedom of Information Act 1997 and 2003. The complaints process will facilitate the gathering of essential and appropriate information to ensure the effective management of the complaint and the education of the organisation without compromising the rights to confidentiality of both the complainant and the service about which the complaint was made.
Macro Building Management commits to providing education and training to all staff to enable them to effectively implement the complaints management policy.
A written copy of the complaints management process will be available to all, through Macro Building Management services.
It is the responsibility of all staff in Macro Building Management to respond to and resolve complaints at the first point of contact wherever possible.
Any person who is being provided with a service from Macro Building Management or who has sought provision of such service may complain in accordance with the procedures established under this policy about any action of the Service that
(a) it is claimed, does not accord with fair and sound administrative practice and
(b) adversely affects or affected that person
An action does not accord with fair and sound administrative practice if it is:
· taken without proper authority,
· taken on irrelevant grounds,
· the result of negligence or carelessness,
· based on erroneous or incomplete information,
· improperly discriminatory,
· based on undesirable administrative practice, or
· in any other respect contrary to fair or sound administration.
It is important to note that this Policy has been developed to complement all relevant policies, procedures and guidelines already in use in Macro Building Management. i.e. Protection of Vulnerable Adults, Child Protection and that matters appropriate for these other procedures will continue to be treated in the same manner and in accordance with these agreed procedures
2. Procedures
2.1 Making a Complaint
A complaint can be made in a number of ways: -In person
-By telephone
-By letter
-By email
· A complaint can be made to any staff member, manager or board member of Macro Building Management or any person nominated for a particular project.
· If a complaint is being made about a particular person and the person’s name is being given, the complaint must be written, giving details such as dates and locations so that the person dealing with the complaint can check the facts of the complaint
· A complaint must be made within 12 months of the date of the event concerned, or within 12 months of becoming aware of the event.
· A complaint form can be requested by emailing Complaints Officer Aileen Cruise aileen@macrocommunity.ie
2.2 Acknowledgement of a complaint
· When a complaint has been received, Macro Building Management will endeavor to deal with the complaint effectively and efficiently. Complaints being dealt with formally will be acknowledged within 5 working days and will outline to the complainant the steps to be taken in investigating the complaint and the time limits for the completion of the investigation.
· Macro Building Management will endeavor to resolve complaints to the satisfaction of the complainant in strict accordance with the process for managing complaints in Macro Building Management.
· Complaints, criticisms or suggestions, whether oral or written will be taken seriously and handled appropriately and sensitively.
· The complaints handling process will be implemented without fear, favour or prejudice towards the complainant, or the person or service about which the complaint was made.
2.3 Stages of Managing a Complaint
There are 5 stages to Macro Building Management’s Complaints process as follows:
§ Local Resolution
§ Informal Resolution
§ Formal Resolution
§ Independent Review
2.4 Timeframes involved once a complaint is received by the Complaints Officer in Macro Building Management. This person is Aileen Cruise- CEO
Where the Complaints Officer determines that the complaint does not meet the criteria detailed in the scope of the document, the Complaints Officer will inform the complainant in writing, within 5 working days of making the decision/determination, that the complaint will not be investigated and the reasons for it.
Where the complaint will be investigated, the Complaints Officer must endeavor to have the investigation concluded within 30 working days of it being acknowledged.
Where the investigation cannot be investigated and concluded within 30 working days then the Complaints Officer must communicate this to the complainant and the relevant service/staff member within 30 working days of acknowledging the complaint and give an indication of the time it will take to complete the investigation.
The Complaints Officer must update the complainant and the relevant staff/service member every 20 working days.
The Complaints Officer must endeavor to conclude the investigation within 30 working days.
However, where the 30 working days’ time frame cannot be met despite every best effort, the Complaints Officer must endeavor to conclude the investigation of the complaints within 6 months of the receipt of the complaint.
At the end of the investigation, the Complaints Officer must write a report of their investigation and give a copy of the report to the complainant and provide a staff member that was the subject of the complaint the section in the report that is relevant to them.
The final report will include any recommendations needed to resolve the matter. The Complaints Officer will invite everyone involved to contact them with questions about any issues and will advise the complainant of their right to a review of the recommendations made by the Complaints Officer.
If this timeframe cannot be met, the Complaints Officer must inform the complainant that the investigation is taking longer than 6 months, give an explanation why and outline the options open to the complainant.
Where the investigation at Stage 2 fails to resolve the complaint, the complainant may seek a review of their complaint from the Review at Stage 3 or the complainant may seek an independent review of their complaint from, for example, the Ombudsman.
2.5 Time Limits for making a complaint
The Complaints Officer in Macro Building Management must determine if the complaint meets the time frames as set out in
Section 47, Part 9 of the Health Act 2004 which requires that:
A complaint must be made within 12 months of the date of the action giving rise to the complaint or within 12 months of the complainant becoming aware of the action giving rise to the complaint.
The Complaints Officer may extend the time limit for making a complaint if they are of the opinion that special circumstances make it appropriate to do so. These special circumstances include but are not exclusive to the following:
· If the complainant is ill or bereaved.
· If new relevant, significant and verifiable information relating to the action becomes available to the complainant.
· If it is considered in the public interest to investigate the complaint.
· If the complaint concerns an issue of such seriousness that it cannot be ignored.
· Diminished capacity of the service user at the time of the experience e.g. mental health, critical/long term illness.
· Where extensive support was required to make a complaint and this took longer than 12 months.
· The Complaints Officer must notify the complainant of a decision to extend/not extend time limits within 5 working days.
2.6 Vexatious or Malicious complaints
· The complaints handling process will provide protection and support to a person or service where it is deemed that a complaint has been made without sufficient grounds or with the conscious desire to cause harm to that person or service.
· Macro Building Management views the making of a malicious or vexatious complaint against any staff member with the utmost seriousness and any such complaints, found to be malicious or vexatious may be referred to the Garda Authority.
· If a complaint is found to be vexatious or malicious Macro Building Management will not pursue the complaint any further.
· Anonymous complaints will not normally be investigated as there is there is always a possibility that they are vexatious or malicious and the anonymity of the complainant does not enable the principles of natural justice and procedural fairness to be upheld. In particular, anonymous complaints about an employee of Macro Building Management cannot be investigated as this is contrary to the rights of the employee concerned.
· Complainants must provide contact details when making a complaint against Macro Building Management to enable appropriate validation and investigation of that complaint.
· If a complainant makes a complaint in confidence, the identity of the complainant will only be known to the recipient of the complaint and the Complaints Officer, however in order to carry out a full and proper investigation of the complaint, the complainant may have to give consent to have their identity disclosed.
· Details of anonymous complaints will be forwarded to the Service Provider for recording and for appropriate consideration.
2.7 Advocacy
Citizen Information (Comhairle, 2005) defines advocacy as a means of empowering people by supporting them to assert their views and claim their entitlements and where necessary, representing and negotiating on their behalf.
All complainants have a right to appoint an advocate to assist them in making their complaint and to support them in any subsequent processes in the management of that complaint.
Advocacy services may be offered by Macro Building Management to service users who wish to make a complaint and who otherwise would find it difficult or impossible to make such a complaint themselves or to source advocacy services themselves.
2.8 Redress
An effective complaints system which offers a range of timely and appropriate remedies will enhance the quality of service to the service users/families of Macro Building Management. It will have a positive effect on staff morale and improve Macro Building Management’s relations with the public. It will also provide useful feedback to Macro Building Management and enable it to review current processes and procedures which may be giving rise to complaints.
Redress will be consistent and fair for both the complainant and Macro Building Management.
Macro Building Management will offer forms of redress or responses that are appropriate and reasonable where it has been established that a measurable loss, detriment or disadvantage was suffered or sustained by the claimant personally. This redress could include:
Apology
An explanation
Admission of fault
Change of decision
Correction of misleading or incorrect records
Technical assistance
Recommendation to make a change to a relevant policy or law
2.9 Procedures
2.9.1 Stage 1: Local Resolution of a complaint at the point of contact.
· On receipt of a verbal complaint, the staff member will respond to it promptly and do their best to resolve the complaint locally and quickly.
· Resolution is reached when the complaint has been resolved to the satisfaction of the complainant, at the point of contact.
· Where a complaint is unresolved, it is the responsibility of the staff member, to inform the Complaints Officer (CEO) who will manage the complaint thereafter.
2.9.2 Stage 2: Informal Resolution
All written complaints or verbal complaints that cannot be resolved locally are dealt with by the Complaints
Officer for resolution by informal means.
On receipt of the complaint, the Complaints Officer will consider the complaint to check its validity and how to proceed with the complaint as follows:
a. The complaint cannot be dealt with using this policy and must either be referred to the appropriate body for investigation or returned to the complainant with an explanation as to why the complaint cannot be investigated
or
b. Having regard to the nature and the circumstance of the complaint, he/they will seek the consent of the complainant and any other person to whom the complaint relates to find an informal resolution of the complaint. Mediation may be used to attempt resolution
of the complaint at this stage if both parties agree. or
c. Due to the seriousness and complexity of the case, the CEO will not deal with the
complaint but will forward it to the Board of Macro Building Management, to conduct a formal investigation of the complaint.
or
d. The complaint is anonymous and will be recorded as such
They will complete the Macro Building Management Complaints Notification Form and submit it to the Board for recording as part of monthly reporting.
Where there is resolution of a complaint to the complainant’s satisfaction, the outcome will be reported to
the Board by email.
Where a complaint is unresolved, it is the responsibility of the Complaints Officer to inform the Board who will manage the complaint thereafter.
2.9.3 Stage 3: Formal Resolution
On receipt of a complaint that warrants a formal investigation the Complaints Officer will manage the resolution of the complaint. They may draw on appropriate expertise, skills, witnesses, etc. as required to assist with the investigation. Staff have an obligation to participate in and support the investigation of any complaint where requested.
They will record the status of the complaint on a Complaints database.
The Complaints Officer will formally acknowledge the complaint in writing within 5 working days. The Complaints Officer will endeavor to carry out the investigation within 30 working days of acknowledgement of the complaint or update the complainant within 30 working days of acknowledgement of the complaint and every 20 days thereafter.
The investigation will involve:
a. Interview/s with the complainant.
b. Interview/s with other relevant parties.
c. Documentation of interviews
All parties interviewed will be given the opportunity to have an advocate or third party present at any meeting.
A report will be created by the Complaints Officer outlining the findings of the investigation and the recommendations for resolution, which may include mediation.
The report will not contain a finding adverse to a person, without first having afforded the person concerned the opportunity to consider the findings or criticism and to make representations in relation to it.
This final report, outlining the implementation plan for resolution of the complaint, is circulated to the complainant, the Board and other relevant third parties, and the parties about whom the complaint was made.
Having reviewed the report, agreement around the implementation of the recommendations will be sought by the parties involved.
Where the complainant is dissatisfied with the outcome, he/they may apply to the Board for a review of the recommendations.
On completion the Complaints Officer will complete the complaints database.
2.9.4 Stage 4: Review
These are complaints where the complainant is dissatisfied with the outcome of the complaint investigation at Stage 3. Request for review can be sent in writing, marked Private and Confidential, to:
Board of Directors- Macro Building Management
Macro Community Resource Centre
1 Green Street
Dublin 7
The Board of Directors will:
(i) Determine the appropriateness of a recommendation made by the Complaints Officer, having regard to the two elements:
a. All aspects of the complaint
b. The investigation of the complaint
(ii) Having determined the appropriateness of the recommendation to uphold it, vary it, or make a new recommendation if he/she considers it appropriate to do so.
Implementation of Recommendations
· Within 30 working days the a nominated member of the Board of Directors will write to the complainant detailing the recommendation.
2.9.5 Stage 5: Independent Review
If the complainant is not satisfied with the outcome of the Macro Building Management Complaints Process / Review Process he/they may seek a review of the complaint by the Ombudsman for adults.
Macro Building Management must inform the complainant that they have a right at all times to have their complaint reviewed by the Ombudsman for adults. However, they must be made aware that the Ombudsman will, in most cases, require that the company complaints management process be exhausted before they will initiate a review of the complaint.
Address: 18 Lower Leeson Street, Dublin 2.
Phone: +353-1-639 5600
Lo-call: 1890 223030
Fax: +353-1-639 5674
Email: ombudsman@ombudsman.gov.ie
3. Persons Responsible for Implementation
Complaints can be made to any staff member, volunteer or manager.
The CEO is the complaints officer and is responsible for dealing with complaints that have been passed on from staff.
The Board of Directors is responsible for reviews / investigating serious complaints with the complainant.
4. Relevant legislation
Section 38 of the Health Act 2004
Health Act 2004 (complaints) Regulations 2006
Data Protection Act 1988 and 2003
Freedom of Information Act 199