Complaints Procedure

Belmont House Care Home Complaints Procedure

Raising complaints

A complaint can be made to Belmont House Care Home by:

  • Residents
  • Someone acting on behalf of the resident and with their written consent e.g. an advocate
  • Someone acting on behalf of the resident who is unable to represent their own interests, provided this does not conflict with the resident's right to confidentiality or any previously expressed wishes of the resident

Complaints can be received either verbally or in writing and could be:

  • In person
  • By telephone
  • In writing
  • Through a member of staff
  • Through an advocate or representative

Where someone complains verbally, Belmont House Care Home will make a written record and provide a copy of it within three working days:

  • By letter
  • By email

Complaints can be sent to:

The Registered Manager
Belmont House Care Home
13 Greenover Road
Brixham
Devon
TQ5 9LY

Verbal complaints can be made in person or via:

Belmont House Care Home telephone number: 01803 856420

Belmont House Care Home email address: belmonthouse@live.co.uk

Time limits for submitting a complaint

Complaints should be submitted within 12 months of the incident or concern arising.

The time limit, however, can be waived if:

  • It is still practical and possible to investigate the complaint (e.g. the records still exist and the individuals concerned are still available to be questioned, etc.) and
  • The complainant can demonstrate reasonable cause for the delay in making the complaint

It is at the discretion of the manager to determine if the time limit can be set aside.

Complaints procedure:

Step 1:
When a complaint is raised to staff, staff will make an effort to resolve it immediately and to the satisfaction of the complainant.

Step 2:
Staff will apologise for the fact that there was a need to complain in the first instance and explain the complaints process as described in the procedure steps.

Step 3:
Staff will report the complaint to the most senior member of staff on duty and the complaint will be logged. If the complaint relates to that individual, the staff member will report the complaint to the member of staff who is next in line in seniority.

Step 4:
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.

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 focused on
  • A time limit for the investigation to be concluded. This should be 28 working 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

Step 5:
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 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
  • 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

Step 6:
The complaint will be closed once confirmation has been received that there is satisfaction with the outcome. In the event of dissatisfaction, Belmont House Care Home 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 any delay where investigations took longer than the agreed response period
  • The date the report of outcome was sent to the complainant
  • If no action is taken this will also be recorded

Where complaints relate to a particular resident, a copy of the complaint will be held in their care records so that the resident 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 a resident, safeguarding policies will be followed as per local authority expectation and necessary notifications made to the regulatory body. Where care is commissioned by Torbay and Southern Health Care Trust, 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 that there is no identifiable resident information, in line with UK GDPR and Data Protection law.

Investigations

All investigations will be managed by using the following approach:

  • Investigating the facts
  • 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.

Appropriate action will be taken without delay to respond to any failures identified by a complaint or the investigation of a complaint.

If an investigation or a complaint results in disciplinary action against staff employed by Belmont House Care Home, the complaint will continue to its conclusion. The complainant will be informed that the investigation has led to the disciplinary process, but details of the outcome or ongoing investigation will remain confidential.

Belmont House Care Home conducts investigations impartially and without discrimination, the approach to a resident's support will remain unchanged in this way and indiscriminate treatment will be provided.

One Complaint, One Response

When more than one organisation is involved in the resident's care, they, or their representative, will be able to complain to any of them and Belmont House Care Home will contact the other organisations, carry out a joint investigation and provide a single joint response. Residents must not have to contact each organisation separately.

If someone complains and Belmont House Care Home is not responsible for the care or service complained about, rather than turning the complainant away, Belmont House Care Home will share the concerns with the correct organisation(s). It will be necessary to obtain the individual's permission to do this. If the person prefers that their complaint is not shared with another organisation (or organisations), Belmont House Care Home will signpost them to the right organisation instead and provide the person with their contact details.

Belmont House Care Home will follow Local Government Ombudsman (LGO) guidance for managing this.

Who is responsible for complaints resolution at Belmont House Care Home?

All efforts will be made by the Registered Manager to resolve all complaints. If a particular resident does not wish to raise a complaint directly with management, in the first instance, staff will try and sensitively establish their reasons why and aim to resolve and address any concerns that present.

Belmont House Care Home recognises the importance of residents being able to speak freely and raise a concern or complaint regarding anyone in the organisation, including the Registered Manager, residents are provided with information relating to who to contact in the event that this is necessary.

Handling complaints about the Registered Manager

If the complaint relates to the conduct of the Registered Manager then the following process applies:

Alternative contact: the person making the complaint may feel more comfortable directing their complaint to the nominated individual or registered provider.

External investigation: there may be times, to ensure impartiality, when investigations will be carried out by an external professional, such as a health and social care consultant or an alternative social care provider registered with the regulator.

This process ensures that all complaints are managed fairly and impartially.

Anonymous complaints

Anonymous complaints will be investigated the same was as named complaints. They will be logged and any corrective action necessary will be taken and also logged.

The right to appeal a decision and internal review

Following the outcome of an investigation, if the complainant is dissatisfied with the response or handling of information, they have the right to appeal the decision by Belmont House Care Home. Upon being notified of this, Belmont House Care Home will conduct an internal review of how the complaint was handled. The investigation will be conducted by a member of staff with suitable standing that is not the original responder to the complaint.

When to appeal:

  • You believe that the outcome of a complaint was incorrect and disagree with the original decision
  • Your disagree with the initial decision as you suspect there was a failure in the complaint process
    • Such as insufficient investigation
    • A misunderstanding of your complaint
    • A misinterpretation of evidence
  • You can provide new evidence or information that wasn't available during the initial complaint that affects the outcome
  • You feel the decision is unfair or unreasonable

Belmont House Care Home recognises that as a key part of transparency and continuous improvement, conducting an internal investigation of this process is necessary before signposting the complaint to an external body.

Unresolved complaints and independent review

Following the initial handling of the complaint and the appeals process, in the even that the resident feels their complaint is unresolved, there are many bodies that can support or will need to be informed to assist with this (to ensure there is no bias). These services may conduct an independent review on how the complaint has been handled and will consider if the complaint has been:

  • Handled fairly
  • Investigated thoroughly and efficiently, exploring all the facts
  • Handled objectively

They will issue a final report that outlines their findings and recommendations.

Belmont House Care Home will fully cooperate with this process and provider the independent reviewer all the information required to ensure transparency. We have a commitment to continuously improve, as part of that commitment we fully understand the importance of learning from the outcome of this process.

The following external bodies can assist with a complaint that a person feels remains unresolved:

The Care Quality Commission (CQC)

The Care Quality Commission will not investigate complaints on behalf of individuals but it does like to be informed of any concerns regarding a care provider, such as poor care that has been seen or experienced. Information given to the CQC will help prevent others from going through the same experience and can be fed back via:

  • Website www.cqc.org.uk
  • Email enquiries@cqc.org.uk
  • Address: Care Quality Commission, National Correspondence, Citygate, Gallowgate, Newcastle Upon Tyne, NE1 4PA
  • Tel: 03000 616161
  • Fax: 03000 616171

The Local Government and Social Care Ombudsman (for those residents that are funded by local authority-funded social services care or self-funded)

Individuals have the right to raise their complaint with 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: 03000 610614
Website: https://www.lgo.org.uk
Complaint form: https://www.lgo.org.uk/complaint-form

Self-funded care

The Local Government Ombudsman (LGO) may investigate complaints from people who arrange their own care. Self-funders will have the right to complain to an independent and impartial Ombudsman.

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 (residents 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 make contact via:

The Registered Manager can also signpost individuals to Healthwatch and the local Independent Complaints Advocacy Service (ICAS).

Integrated Care Systems

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.

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, Belmont House Care Home will work with the external body providing information as requested, within any agreed upon timescales expected.

Decisions to raise complaints outside of Belmont House Care Home will be fully respected and the resident supported to raise their complaint with the commissioner of the service or seek the support of an independent advocate or representative.

Residents can also be signposted to Citizen's Advice guidance.

Vexatious complaints

Occasionally, Belmont House Care Home may receive complaints that are vexatious in that they cause considerable disruption to work, disproportionate cost and time to handle, and impact the wellbeing of staff (because of the way the complaint is made or because of its repetitive nature).

Belmont House Care Home will ensure that it meets the requirements of the Equality Act 2010 to make "reasonable adjustments" for disabled residents. In some circumstances, residents may have a disability that makes it difficult for them to either express themselves or communicate clearly and/or appropriately. Where there is an indication that this may be the case, Belmont House Care Home will consider the needs and circumstances of the resident or complainant in the first instance and use this information to inform any decisions that are made.

Where appropriate, Belmont House Care Home will consider complaints to be vexatious, but not label an individual complaint as vexatious. Even if Belmont House Care Home decides that an individuals complaint about the service is vexatious, that does not preclude that person from making a formal complaint. Belmont House Care Home would still consider any such complaints in line with the usual procedures outlined in this policy.

To help decide whether a complaint is vexatious Belmont House Care Home will consider the full history and context of interactions with the person making the complaint, and will look at both the nature of the complaint and the manner in which it is made. The particular issues that will inform a decision will include whether:

  • The primary purpose and/or effect of the complaint is to disturb, disrupt, and/or pressurise Belmont House Care Home, its staff or an individual member of staff
  • The primary purpose and/or effect of the manner in which the complaint is made to disturb, disrupt, and/or pressure Belmont House Care Home, its staff or an individual member of staff
  • The complaint is otherwise clearly unreasonable

If at any point in the handling of the complaint a member of staff believes it meets the criteria to be deemed vexatious, it must be referred to the Registered Manager with a summary of why it is thought to be vexatious.

The Registered Manager will consider the complaint, seek external advice if appropriate, and will either declare the complaint as being vexatious or not. Where a complaint is deemed not to be vexatious, it will be returned to the appropriate point in the complaints handling process.

If a complaint is deemed to be vexatious, the Registered Manager will respond directly to the complainant explaining why it is thought to be so and will explain that the complaint will be closed with no further action. The Registered Manager will also consider if the making of the vexatious complaint also requires the application of a restriction on communication following unreasonable behaviour.

The decision to declare a complaint as vexatious will be recorded in the complaints register for future reference.

Any declaration that refers to the specific complaint being vexatious and any further complaints from the same individual will be considered.

If any individual wishes to challenge a decision being made in relation to this policy, and all attempts to resolve the complaint locally have been unsuccessful, details of the complaints team of Torbay and Southern Health Care Trust and the Parliamentary and Health Service Ombudsman (PHSO) will be shared with the complainant.

Compliments

Receiving compliments is an opportunity to celebrate and recognise success. Belmont House Care Home will ensure that:

  • All compliments are shared with staff and displayed in a public area to highlight good practice
  • The number of compliments received is logged as part of a quality assurance programme
  • Verbal, positive feedback from residents and relatives is also deemed a compliment and will be recorded and shared with colleagues

Suggestions

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 meetings or as part of a conversation, these will be documented and then outcomes of such suggestions recorded to show consideration
  • Staff will be encouraged to share their suggestions, or suggestions received by relatives and residents, with the Registered Manager

Audit and evaluation

Belmont House Care Home will monitor, review, and analyse all information received about the service as a means of continuously reviewing performance, quality, and safety.

Belmont House Care Home operates with an ethos of continuous improvement and will:

  • Ensure all complaints are logged
  • Identify themes and trends
  • Create actions to improve any identified themes and trends
  • Share themes, trends and actions with staff
  • Ensure that staff are trained to deal with complaints and understand the procedure for managing complaints

Using feedback from complaints to improve the service

Belmont House Care Home values feedback from complaints as a critical tool for continuous improvement. It commits to thoroughly analysing all complaints received to identify patterns and areas for enhancement. Specific actions or changes that may be implemented based on complaints include revising policies, providing additional staff training, updating procedures and enhancing communication channels. Each complaint will be documented and actionable insights and lessons learned will be shared with the relevant stakeholders to ensure that corrective measures are taken promptly to prevent reoccurrence and improve overall service quality.

Reviewing the effectiveness of the system

As part of the commitment of Belmont House Care Home to good governance, the complaints process will remain effective and responsive, using a process of regular reviews and assessments. This includes audits of complaint records to evaluate response times, resolution rates, and customer satisfaction post-complaint resolution. Belmont House Care Home will also gather feedback from complainants on their experience with the complaints process. Findings from these reviews will be used to refine the complaints handling process, ensuring they are user-friendly, efficient, and aligned with best practices. Regular staff training will be conducted to keep all team members updated on any changes and to reinforce the importance of effective complaint management.