Complaints, Grievance & Duty of Candour Policy

1. Overview

Tigh a'Chomainn Camphill recognises the importance of anyone concerned with the welfare of a community member or co-worker being able to freely voice complaints, suggestions as well as compliments to any co-worker or manager at Tigh a'Chomainn Camphill. It requires good will and effort from all parties involved to create and maintain an atmosphere in which honest and open discussion of difficulties can take place. Tigh a'Chomainn Camphill recognises the importance of building good relationships and hopes that the majority of complaints and suggestions can be dealt with and resolved as quickly as possible before they enter a more formal complaints procedure.

This policy defines the difference between a complaint and a grievance as follows. A complaint is a general expression of dissatisfaction with a situation or the behaviours of people associated with Tigh a'Chomainn Camphill. A grievance is a real or perceived ground for complaint about some aspect or aspects of a co-worker’s working life. This policy outlines first the complaints procedure (which also applies to suggestions and compliments) and then the grievance procedure.

2. What you need to know - Complaints

Complaints can be made to any employed or short term co-worker at Tigh a'Chomainn Camphill. It is the duty of the co-worker who receives the complaint to notify the appropriate line manager and the Quality Manager of this. The Quality Manager’s duty is to decide on what action needs to be taken.

In general, Tigh a'Chomainn Camphill seeks to know the source of the complaint. If the complainant wishes to remain anonymous this may well affect the process. It is important that people are aware that if the Quality Manager receives information which relates to any form of suspicion or allegation of abuse then the law demands that action must be taken regardless of the complainants wishes to stay anonymous. In the case of serious or possible criminal allegations, considerations would need to be given to suspending the person involved. The investigation which may need to follow such a step would involve Tigh a'Chomainn Camphill’s management group and depending on the nature of the allegation trustees, solicitors, social workers, the police and the Care Inspectorate.

3. Complaints & Suggestions Procedure

1. If you need to make a complaint or have a suggestion, you will be listened to, and be taken seriously.

2. Complaints and suggestions will be acted on as quickly as possible. If there are grounds for serious concern, e.g. regarding the welfare of our co-workers, management will act on the information received within 48 hours.

3. Complaints and suggestions can be made to any co-worker of Tigh a'Chomainn Camphill, who is responsible for informing their line manager and Quality Manager about it in a timely manner. A record of any complaints will be kept by the Tigh a'Chomainn Camphill Management Group, noting all details including who made it, how it was dealt with and by whom.

4. You may complain directly to the Care Inspectorate.

4. What you need to know – Grievance

A grievance procedure provides a fair, orderly and consistent approach to the settlement of a grievance. In the first instance co-workers should attempt to resolve grievances informally, for example by discussing the issue in question with any colleague involved. However, if concerns have not been dealt with to their satisfaction during the normal workplace discussions, a formal grievance procedure can be initiated. Note that this policy does not apply to matters dealt with under the disciplinary or misconduct procedures.

5. Grievance Procedure

The procedure allows for a series of stages ranging from formal discussion of the matter with the immediate supervisor to interview with a panel representing the Tigh a'Chomainn Camphill board of trustees.

Stage 1 Grievance – Oral Notification to Supervisor

Any co-worker who is aggrieved on any matter which relates to the day-to-day working situation should discuss the matter initially with his/her immediate line manager with the aim of resolving the matter without recourse to a formal procedure.

The line manager should reply orally as soon as possible and where possible within three working days.

A record of the discussion took place should be kept in the person’s file. This should detail the issues discussed and the response given.

Stage 2 Written Formal Notification to Tigh a'Chomainn Camphill Quality Manager

If the co-worker is dissatisfied with the reply, the matter should be reported, in writing, by the co-worker concerned, within five working days, to the Quality Manager or the Management Group. An investigation into the circumstances will be conducted by The Quality Manager and reported formally to the Management Group.

A meeting will where possible be arranged (but not necessarily take place in the timescale) within five working days of receipt of the letter from the co-worker concerned. The co-worker must be informed of his/her right to be accompanied at the meeting.

The outcome of the meeting will where possible be confirmed to the complainant in writing within three working days of the meeting taking place. The co-worker should also be informed that if he/she is still dissatisfied he/she has the right to refer the matter by way of appeal to the representative group of the Tigh a'Chomainn Camphill board of trustees within 5 working days of receiving the confirmation of the decision taken. The letter should state how and to whom the co-worker should write and that he/she has the right to be accompanied as above.

The records of the investigation and the outcome of the meeting should be filed along with the original letter from the aggrieved co-worker.

Stage 3 Appeal Meeting with the Tigh a'Chomainn Camphill Board of Trustees

Where possible within ten calendar days of being notified that the co-worker is dissatisfied the representative group of the Tigh a'Chomainn Camphill board of trustees should arrange (although not necessarily hold within this timescale) an appeal meeting with the co-worker concerned.

The co-worker must be given adequate notice of the meeting and be informed of the right to accompaniment if desired.

The outcome of the appeal meeting will where possible be sent in writing within seven calendar days.

The findings of this panel are final and binding.

6. Duty of Candour

Tigh a'Chomainn Camphill strives to promote a culture of openness, transparency, of learning and of continuous improvement. The purpose of the duty of candour provisions is to have a consistent response from Tigh a'Chomainn Camphill when there has been an unexpected event or incident that has resulted in death or harm, that is not related to the course of the condition for which the person is receiving care. When harm occurs the focus must be on personal contact with those affected; support and a process of review and action that is meaningful and informed by the principles of learning and continuous improvement. Tigh a'Chomainn Camphill will seek open dialogue with those directly affected as well as relevant families and carers.

7. References

Regulation of Care Act 2001 (The Scottish Commission for the Regulation of Care)

Organisational Duty of Candour https://www.gov.scot/Publications/2018/03/1321