Complaints Policy

1.0 SERVICE USER COMPLAINTS POLICY & PROCEDURE

Wellbeing Scotland is committed to providing high quality support for all service users. One of the ways in which we aim to continue to improve our service is by listening and responding to the views of our service users. We aim to respond positively to all complaints, thereby ensuring that any negative aspects of our service are unrepeated.

Therefore, we aim to ensure that:

• Making a complaint is as easy as possible;
• We treat a complaint as a clear expression of dissatisfaction with our service which calls for a considered response within the time frames set out in this policy;
• We deal with it promptly, politely and in accordance with our confidentiality policy;
• We respond appropriately – for example, with an explanation, or an apology where we have got things wrong, or information on any action taken, etc;
• We learn from complaints and use them to improve our service

The complaints procedure is intended to ensure that all complaints are handled fairly, consistently and wherever possible resolved to the complainant’s satisfaction.

1.1 Definition

Wellbeing Scotland defines a complaint as ‘any expression of dissatisfaction (with Wellbeing Scotland, with a member of staff or volunteer, groups carrying out work on behalf of Wellbeing Scotland or with a Wellbeing Scotland Board member) that relates to Wellbeing Scotland and that requires a formal response’.

1.2 Access to Complaints Procedure

This complaints procedure is available from all Wellbeing Scotland offices, is referred to in client information and there is a poster in all offices outlining how to complain. Information can be provided in a accessible format to those with visual impairments and where required in different languages. Where assistance is required we can signpost you to an external advocate. We will offer support to those unable to submit complaints in writing and we will help you to understand our complaints procedure. This will be facilitated by someone not involved in the complaint and will be based on your individual needs.

1.3 Timescales

Complaints must be submitted within a year of the situation being complained about. Due to the short term nature of charity funding staff in the service may move on and this will enable us to investigate fully.

1.4 Anonymous Complaints

Anonymous complaints will be presented to the Board of Directors for investigation and the complaint will be held in the complaints log.

1.5 Complaints about Former Staff

Any investigation will be conducted to ensure learning by the organisation.

If possible, the former staff member will be able to respond to the complaint.

An outcome report will be sent to COSCA, who may choose to investigate further.

1.6 Malicious or Vexatious Complaints

It is recognised that occasionally the organisation may receive vexatious or malicious complaints. All complaints will be fully investigated but in cases where it is decided that a complaint is vexatious, the matter may be closed with the consent of the Board of Directors. This should not be exercised lightly or frequently. In the event that it is, the complainant must be informed in writing of the decision and advised that Wellbeing Scotland will not enter into any further correspondence about the matter.

A vexatious complaint is one that is pursued, regardless of its merits, solely to harass, annoy or subdue somebody; something that is unreasonable, without foundation, frivolous, repetitive, burdensome or unwarranted.

2.0 Wellbeing Scotland’s responsibility will be to:

• acknowledge the formal complaint in writing;
• inform the person complained about:
• respond within the period of time stated below;
• Ensure there is sufficient evidence to support the complaint;
• deal reasonably and sensitively with the complaint;
• communicate with the complainant outlining how the complaint will be dealt with and updates on the progress of the investigation;
• Ensure confidentiality is maintained except where there may be a risk to self or others or to ensure that the complaint can be fully investigated. This will be discussed with the complainant to give permission. Permission will be sought to share information with anyone involved in investigating the complaint.
• take action where appropriate.

2.1 A complainant’s responsibility is to:

• bring their complaint, in writing, to Wellbeing Scotland’s attention normally within 8 weeks of the issue arising but prior to the year timescale outlined above;
• raise concerns promptly and directly with the appropriate manager who will be responsible for any further action;
• explain the problem as clearly and as fully as possible, including any action taken to date;
• allow Wellbeing Scotland to deal with the matter within the time frames specified below;
• recognise that some circumstances may be beyond Wellbeing Scotland’s control. The maximum time to consider a complaint and provide a response will be 12 weeks.

2.3 Third Parties

Complaints are acceptable from defined third parties and/or representatives. A defined third party refers to an appropriately authorised third party e.g. personal tutor, social workers, and legal guardians who can bring a complaint on behalf of a minor and/or an adult lacking capacity. Third parties not directly receiving services but who feel they have been affected by the organisation are also acceptable. The onus is on the third party to evidence the direct and adverse effect on them.

2.4 Possible Outcomes

If a complaint is upheld there are a range of possible outcomes including disciplinary processes for team members, training, apology and/ or further action by report to professional bodies. Outcomes will depend on the severity of the complaint. If appropriate the action to be taken will be reported to the complainant.

3.0 COSCA

We adhere to COSCA ethical guidelines and you can make a complaint to COSCA about any access of our services by contacting them on 01786 475140 or accessing the process through the COSCA website http://www.cosca.org.uk. The COSCA address is at the end of this document. The Report to COSCA at Conclusion of Complaints Proceedings will be submitted to COSCA. COSCA should be contacted at the appeals stage following our own procedures.

COSCA should only be contacted after our own complaints procedure has been exhausted.

4.0 Monitoring and Reporting

Board members of Wellbeing Scotland will receive annually an anonymous report of complaints made and their resolution.

4.1 Formal Complaints Procedure

Stage 1

You should write to the relevant manager of the service. In your letter you should set out the details of your complaint, the consequences for you as a result, and the remedy you are seeking.

Where there is a conflict of interest then a different manager of or member of the board will carry out the investigation.
You should mark your letter ‘Formal Complaint’ and send it by post to:
14 – 16 Bank Street, Alloa, FK10 1HP
Or by email to:
info@wellbeingscotland.org

4.2

Stage 2

If you are not satisfied with the initial response to the complaint then you can write to Wellbeing Scotland’s Chief Executive at the postal or email address above and ask for your complaint and the response to be reviewed. You can expect the Chief Executive to acknowledge your request within 10 working days of receipt as it may need to be forwarded on and a response within 28 working days. If you intend to pursue a complaint at stage 2 this should be within 10 days of the response to stage 1.

Wellbeing Scotland’s aim is to resolve all matters as quickly as possible. However, inevitably some issues will be more complex and therefore may require longer to be fully investigated. Consequently, timescales given for handling and responding to complaints are indicative. If a matter requires more detailed investigation, you will receive an interim response describing what is being done to deal with the matter, and when a full reply can be expected and from whom. The process may be adjourned if time is needed to pursue additional information or if circumstances require an adjournment and restarted in agreed timescales.

Where there is a conflict of interest then a different manager of or member of the board will carry out the investigation.

4.3

Stage 3 Appeal Stage

If you are not satisfied you can write to the Chair of the Board and they will implement a full investigation of the issues presented and the evidence gathered at each of the previous stages.

Where there is a conflict of interest at any stage then a different manager or member of the Board will carry out the investigation.

Were there is any concern regarding the impartiality of the Board a third party may be appointed to hear the complaint. This could be a representative of the local Third Sector Interface.
The Board may access legal advice or support if necessary.

Bearing in mind that any experience of actually making a complaint may be an intimidating one, we would consider it acceptable for any service-user to be accompanied by a friend or close supporter when making a complaint to Wellbeing Scotland. This measure is designed to protect any individual who might be disabled or disadvantaged in any way by age, physical or psychological health, or anxiety.

Evidence from either party (complainant/complained against) will be heard separately and they and any representatives will not attend any complaints panel meeting at the same time.

4.4 The responsible individual managing the Complaints Procedure can halt proceedings if legal action is underway.

4.5 The appeal must be submitted within one month. Appeals will be completed as soon as possible but not exceeding a period of four weeks.

4.6 Complaints can be discontinued if;

1. the complainant fails or refuses to participate at any stage of the complaint procedure without good reason
2. or the complainant formally withdraws the complaint
3. and both parties will be informed.

4.7 If you are a face to face counselling client, complaints should be made in the first instance to your counsellor, either verbally or written. If the matter cannot be resolved satisfactorily you should follow the procedure above.

4.8 Complaints about aspects of projects should be directed to the Operational Manager or Team Leader.

4.9 Complaints or feedback regarding the helpline services should be communicated to the Corporate Services Manager.

4.10 Other complaints can be directed to the Operational Manager or Chief Executive.

4.11 Complaints should be progressed within one year of the issue occurring.

5.0 The address and telephone number in all cases is:

14 – 16 Bank Street
Alloa
FK10 1HP
Tel:01324 630100

5.1 Who will be notified of the result?

1. Both parties will be informed of the result.
2. The reasons for the decision will be included.
3. The outcome will be sent in writing by letter or email.
4. Third parties and representatives will be issued a response where appropriate, but confidentiality will be maintained.
5. An outcome report will be sent to COSCA.

Any sanctions will be the responsibility of the Chair of the Board to ensure they are carried out. All relevant parties will be informed that sanctions have been carried out.

5.2 If the above procedures have been followed and the person who made the complaint is still not satisfied with the response, and the complaint is about counselling, they can contact:

The British Association for Counselling and Psychotherapy,
The Customer Services Manager, BACP House, 15 St John’s Business Park, Lutterworth, Leicestershire. LE17 4HB

or COSCA to the Chief Executive, COSCA (Counselling & Psychotherapy in Scotland), 16 Melville Terrace, Stirling FK8 2NE

Complaints must be submitted to COSCA within one month. COSCA will review the procedure.

How will COSCA be informed of the outcome?

1. The Outcome Report to COSCA at the Conclusion of Complaints Proceedings (found at www.cosca.org.uk under Complaints) will be submitted to COSCA.
2. The Outcome Report will be submitted immediately or within one month of the conclusion of the organisation’s complaints process.
3. COSCA will publish upheld complaints and their sanctions regarding COSCA Individual Members or Member Organisations.

For complaints regarding governance:

Office of the Scottish Charity Regulator (OSCR 2nd Floor, Quadrant House, 9 Riverside Drive, Dundee, DD1 4NY)
Telephone: 01382 220446
Website: oscr.org.uk