Complaints Procedure

 There are a number of reasons why the advocacy service believes it is essential to have a complaints procedure. The values embodied by the Flintshire Mental Health Advocacy Service suggest that one of the most important values a service should demonstrate is that its users have a right to services, which meet their individual needs. It follows from this that service users have a right to complain when these services are not up to scratch or do not meet their needs.

The NHS and Community Care Act 1990 stresses the need, although does not make it a requirement, for voluntary organisations to have a complaints procedure.

 We believe that people who have experienced discrimination as a result of having been in mental distress may be unwilling or reticent about using a complaints procedure. It is important to make sure that efforts are made which take this into account. In addition, for an advocacy agency to be in a position to question and challenge the way statutory services or other services are run, it is necessary for that agency to be seen to be implementing good practice in relation to complaints procedures.

 THE COMPLA1NTS PROCEDURE

The Flintshire Mental Health Advocacy Service believes it is essential that users of services have a clear, effective and easily understandable procedure through which any complaint can be dealt with.

 The Flintshire Mental Health Advocacy Service must not be defensive when complaints are made but will ensure that a fair hearing is given to the complaint and that any member of staff or volunteer is also given the fullest opportunity to answer any criticisms made.

 Certain principles will be followed during all stages of this procedure:

 1          Confidentiality is protected. That will include the confidentiality for both the person making the complaint and any volunteer or staff member.

2          Independent investigation. Where an investigation is required, to ensure that it is fair, it is vital that it is carried out by someone who was not involved in any way with any incident related to the complaint.

 3          Support. People making a complaint may be represented by someone of their choice to help them at any stage of the procedure. FMHAS will assist people to access independent support to help them with their complaint if required.

 It is obviously best to try and resolve any problem as soon as possible with the person concerned. If it is necessary to take this matter further this will be done in line with timescales detailed below.

At each stage everyone concerned with the complaint will be kept fully informed. Apart from Stage 1 there will be a written report on the findings and opinions and this report will be available at any later stage of the procedure.

 Ist stage:      Informal discussion with the person concerned. This stage may be by-passed if the client wishes.

 2nd stage:     Formal complaint registered, either verbally or in writing. Where the complaint is an advocate the complaint should be addressed to the Service Director. If the complaint is about the Service Director the complaint should be addressed to the Chair of the Flintshire Mental Health Advocacy Service.

 The person dealing with the complaint will carry out an investigation within two weeks and report the results to the complainant and to the relevant person involved. If the complainant is unhappy with the results of this they can then ask the matter to be referred to the 3rd stage

 3rd stage:     If the complainant still remains unhappy with the decision, they will have the final right of appeal to the Flintshire Advocacy Service Board of Directors. The Board of Directors will convene an ad hoc committee (membership to be determined by the Board of Directors) who will report on the matter and their decision is final.

 If the complaint relates to the IMHA service and remains unresolved having exhausted local processes, the complaint will be taken to the North Wales IMHA Management Group, where the partners who are not directly involved in the complaint will appoint a suitable officer to investigate the complaint. Their decision will be final.

 MANAGING THE COMPLAINTS PROCEDURE

 The Board of Directors of the advocacy service will regularly review the complaints procedure as an agenda item annually. The types of complaints will be looked at and at what stage of the procedure the complaints were finally dealt with.

The Flintshire Advocacy Service will ensure that every user of the service is aware that this complaints procedure exists. The FMHAS complaints policy, alongside those of the Local Authority and Local Health Board will be made available to clients and a copy of the complaints procedure will be displayed at all bases. A list of agencies who may be able to help in making a complaint, either by providing advice or acting as a representative, will be made available.

 It needs to be made clear to clients wishing to make a complaint that it may be impossible to follow up a complaint if, for example, the complainant is unwilling to reveal their name, or if they are unwilling to give an indication of whom they are complaining about. There may also be other issues to consider, for example if someone is abused by a worker/volunteer, it may be impossible to keep confidentiality, as this would have implications for other clients.

THE COMPLA1NTS PROCEDURE