http://allysonrossaesthetics.co.uk/complaints-policy Policy statement and aims
We aim to provide the highest quality services possible through the delivery of safe, effective, and person-centred treatments. Whilst the vast majority of clients will a good experience, we understand that some may a less positive experience. It is therefore essential that we produce open, honest and empathetic responses to complaints consistently. Our complaints policy and procedure help us to listen effectively to what people are telling us about our services, and to act with purpose on what we hear. It enables us to put things right when things go wrong, and to learn and take action so that the same problems do not happen again.
This policy and procedure also help to build positive relationships with people who use our service and build trust. It has the person making the complaint at the heart of the process. We will address complaints effectively, resolve them as early as we can, and learn from them so that we can improve services for everyone.
The Patient Rights (Scotland) Act 2011, together with supporting legislation, introduced the right to give feedback, make comments, raise concerns and to make complaints about services. It also places a duty on services to actively encourage, monitor, act and share learning from the views they receive. The Scottish Health Council’s 2014 report Listening and Learning – How Feedback, Comments, Concerns and Complaints Can Improve NHS Services in Scotland recommended that a revised, standardised complaints process for NHS Scotland should be developed, building on the requirements of the legislation, and ‘Can I Help You?’ guidance for handling and learning from feedback, comments, concerns or complaints about NHS health care services. This policy has adopted that approach as good practice and as such, this document delivers on those recommendation by explaining how this company will handle complaints. Our complaints policy provides information to the person making the complaint about our complaint’s procedure.
Definitions
complaint | An expression of dissatisfaction by one or more members of the public about the organisation’s action, or lack of action, or about the standard of service provided by, or on behalf of, the organisation.’ |
Feedback | Feedback may be in the form of views expressed orally or in writing as part of a survey, client questionnaires, The feedback may describe the person individual experience of using ARH&B services and may include suggestions on things that could have been done better or identify areas of good practice. |
Concerns | Concerns may be expressed in relation to proposed treatment or about any aspect of the service, from timing of appointments to waiting time. Concerns of this nature fall short of a complaint as the person is not expressing dissatisfaction but wishes to be fully informed about what is to happen. |
Comments | Comments may be compliments, feedback or observations offered orally or in writing for which reflect how someone felt about the service. |
Our Complaints Policy and Procedure
This policy and procedure will explain the processes that we will follow in responding to complaints. It contains references and links to more details on parts of the procedure, such as how to record complaints, and the criteria for signing off and agreeing time extensions. The procedure also explains how to process, manage and reach decisions on different types of complaints.
The procedure supports us to meet the requirements of the Patient Rights (Scotland) Act 2011 and associated Regulations and Directions. It has been developed to take account of the Scottish Public Services Ombudsman (SPSO) Statement of Complaints Handling Principles and best practice guidance on complaints handling from the Complaints Standards Authority at the SPSO. http://www.valuingcomplaints.org.uk
In accordance with the legislation, we will take steps to ensure that the people using our services are aware of how they can give feedback or make a complaint,
Where apologies are made under the policy, the Apologies (Scotland) Act applies to those apologies. The procedure is intended to operate alongside the duty of candour in the Health Care (Scotland) Act 2016 and related Regulations.
This complaint policy and procedure is based on the human rights principles of:
- Participation: everyone has the right to participate in decisions which affect them, including issues of accessibility and the provision of information that people can understand;
- Accountability: service providers have a duty to investigate complaints and seek effective remedies.
- Non-discrimination and equality: the complaints process is available to everyone and vulnerable or marginalised groups are supported to participate in the process;
- Empowerment: everyone should be aware of their rights, the complaints process and be involved in the process to reach an effective remedy; and
- Legality: the complaints process identifies and upholds the human rights of people and is in accordance with the requirements of all relevant legislation. It aims to provide a quick, simple and streamlined process for resolving complaints early and locally by capable, well-trained staff.
What is a complaint?
A definition of a complaint is:
‘An expression of dissatisfaction by one or more members of the public about the organisation’s action, or lack of action, or about the standard of service provided by, or on behalf of, the organisation.’
A complaint may relate to:
- Procedure/ treatment
- failure to provide a service;
- inadequate standard of service;
- dissatisfaction with the organisation’s policy;
- environmental or domestic issues.
- operational and procedural issues;
- the organisation’s failure to follow appropriate process;
- lack of information and clarity about appointments.
This list does not cover everything and therefore welcome communication from service users regarding their experience with the service.
We value all forms of feedback
We encourage all forms of feedback, positive and negative, and use it to continuously improve our services.
It is necessary for AR to be able to distinguish between feedback, comments, concerns, and complaints to ensure that any issues raised are handled through the appropriate procedures. Where an issue raised is clearly not a complaint, AR will decide to have the issue handled through the appropriate process and feed this back to the person raising the issue. The following paragraphs provide more information on feedback, comments and concerns.
Feedback
Feedback may be in the form of views expressed orally or in writing as part of a survey, client questionnaires, The feedback may describe the person individual experience of using ARH&A clinic services and may include suggestions on things that could have been done better or identify areas of good practice.
Comments
Comments may be compliments, feedback or observations offered orally or in writing for which reflect how someone felt about the service.
Concerns
Concerns may be expressed in relation to proposed treatment or about any aspect of the service, from timing of appointments to waiting time. Concerns of this nature fall short of a complaint as the person is not expressing dissatisfaction but wishes to be fully informed about what is to happen.
People may need reassurance why a treatment/procedure provider is suggesting a particular course of action. AR should be alert to this and ensure that explanations are given and advice on additional support services is available and accessible to everyone.
It is particularly important for AR to use their discretion and judgement in supporting people to decide whether a matter is a concern or a complaint. The best way to do this is by talking to the person raising the issue to explain how concerns and complaints are handled and responded to. There may be circumstances where the nature of the concern is sufficiently serious to warrant full investigation under this complaints policy and procedure. Where the person states that they do not want to complain, if you are satisfied that the matter is clearly a complaint you should encourage them to pursue it via that route and explain the reasons why. If it is not possible to achieve that, we should still do all we can to resolve the issues and learn lessons in a way the person feels comfortable with.
The manner in which the matter is communicated to us will often help you to decide if it is a concern or a complaint. A matter may be communicated in a matter-of-fact way. Given the way this matter is reported, it may be decided that it is a complaint.
A raised concern may indicate that a matter is a concern (rather than a complaint) and if the person raising the issue remains unhappy with the response to that concern, any subsequent action will be handled as a complaint.
Process
We value all forms of feedback
We encourage all forms of feedback, positive and negative, and use it to continuously improve our services.
It is necessary for AR to be able to distinguish between feedback, comments, concerns, and complaints to ensure that any issues raised are handled through the appropriate procedures. Where an issue raised is clearly not a complaint, AR will decide to have the issue handled through the appropriate process and feed this back to the person raising the issue. The following paragraphs provide more information on feedback, comments, and concerns.
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Where an individual believes that a Practice does not have a suitable procedure in place, that concern may be raised with HIS . In addition, individuals can complain directly to HIS
In handling complaints, AR will have regard to the relevant regulatory bodies & standards to help to protect clients. Specifically, that clients who complain about the care or treatment they have received have a right to expect a prompt, open, constructive, and honest response including an explanation and, if appropriate, an apology. Therefore, the person making the complaint can expect an apology to include what happened, what action we will take to resolve the matter and what will be done to prevent a similar occurrence happening in the future.
Financial compensation
Allyson Ross Health & Aesthetics complaints procedure does not provide for financial compensation.
It may be appropriate to advise those who seek financial compensation that they may contact legal advice.
Handling anonymous complaints
We value all complaints. This means we treat all complaints including anonymous complaints seriously and will take action to consider them further, wherever this is appropriate. All anonymous complaints are subject to this policy and procedure. The owner, of Allyson Ross Health & Beauty, should decide on appropriate action to take based on the nature of information provided about the anonymous complaint and any other relevant factors. If, however, an anonymous complaint does not provide enough information to enable us to take further action, or to contact the complainant, we may decide that we are unable to complete the investigation.
Any decision not to investigate an anonymous complaint must be authorised by the owner or nominated person in their absence.
Information about, and decisions made regarding all anonymous complaints will be recorded on the complaints recording system (allow consideration of any action necessary. If we pursue an anonymous complaint further, we will record the issues (to the extent that the information is available), actions taken and outcome. This will help to ensure the completeness of the complaints data we record and allow us to take corrective action where appropriate.
There is a system in place to ask service users for feedback on the service.
Who can make a complaint?
Anyone who is, or is likely to be, affected by an act or omission of a service provider can make a complaint. Sometimes a person making the complaint may be unable or reluctant to do so on their own. We will accept complaints brought by third parties if the person making the complaint has written consent to act on behalf of the person affected.
Where a complaint is made on behalf of another person, in accordance with the common law duty of confidentiality and data protection legislation, we must ensure that, in addition to authorising another person to act on their behalf, the person has also consented to their personal information being shared as part of the complaints handling process. In circumstances where no such consent has been given, we would have to take that into account when handling and responding to the complaint (and is likely to be significantly constrained in what it can do in terms of investigating any such complaint).
What if the person raising the issue does not want to complain?
If a person expresses dissatisfaction in line with our definition of a complaint but does not want to complain, tell them that we do consider all expressions of dissatisfaction and concerns, and these also offer us the opportunity to improve services where things have gone wrong.
Encourage the person raising the issue to submit a complaint and allow us to deal with it through the complaints policy and procedure. This will ensure that they are updated on the action taken and get a response to their complaint.
If, however, the person insists they do not wish to complain, you should record the complaint as being a concern, respond appropriately and record it. Doing so will ensure that the person has the opportunity to pursue a complaint at the investigation stage of the policy and procedure should they subsequently raise the matter again.
The complaints handling process
Our complaints handling procedure aims to provide a quick, simple and streamlined process for resolving complaints early and locally by capable, well-trained staff.
Our complaints process provides two opportunities to resolve complaints internally:
- early resolution;
- Investigation
Allyson Ross Health & Aesthetics Clinic model of the complaints process
What will be done when a complaint is received.
1 On receiving a complaint, we first decide whether the issue can indeed be defined as a complaint. The person making the complaint may express dissatisfaction about more than one issue. This may mean we treat one element as a complaint, while directing the person to pursue another element through an alternative route.
2 If we have received and identified a complaint, we will record the details on our complaints system.
3 Decide whether or not the complaint is suitable for early resolution. Some complaints will need to be fully investigated before we can give a suitable response. We will handle these complaints immediately at the investigation stage.
4 Where we think early resolution is appropriate, we will consider.
- what exactly is the person’s complaint (or complaints);
- what do they want to achieve by complaining;
- can I achieve this, or explain why not; and
- if I cannot resolve this, who can help with early resolution?
Stage one: early resolution
Early resolution aims to resolve straightforward complaints that require little or no investigation at the earliest opportunity. This should be as close to the point of service delivery as possible, if reported to us at that time. In practice, early resolution means resolving the complaint at the first point of contact with the person making the complaint. This could mean a face-to-face discussion with the person. We may settle the complaint by providing an on-the-spot apology where appropriate, or explaining why the issue occurred and, where possible, what will be done to stop this happening again. We will explain that, as an organisation that values complaints, we may use the information given when we review service standards in the future.
Anyone can make a complaint. They may do so in writing, in person, by telephone, by email or online, or by having someone complain on their behalf. We will always consider early resolution, regardless of how you have received the complaint.
Timelines
Early resolution must usually be completed within five working days, although in practice we may resolve the complaint much sooner.
Extension to the timeline
In exceptional circumstances, where there are clear and justifiable reasons for doing so, we may agree an extension of no more than five additional working days with the person making the complaint. This must only happen when an extension will make it more likely that the complaint will be resolved at the early resolution stage.
Where, however, the issues are so complex, and they cannot be resolved within an extended five-day period, we will escalate the complaint directly to the investigation stage.
It is important that extensions to the timeline do not become the norm. All attempts to resolve the complaint at this stage must take no longer than ten working days from the date you receive the complaint.
The proportion of complaints that exceed the five working days timeline at the early resolution stage should be evident from reported statistics.
Closing the complaint at the early resolution stage
When we have informed the person making the complaint of the outcome at early resolution, we may write to them. We will ensure that our response to the complaint addresses all areas that we are responsible for and explains the reasons for our decision. A full and accurate record of the decision reached and given to the person will be kept. The complaint will be closed, and the complaints system updated accordingly. In closing the complaint, the date of closure is the date that the outcome of the complaint at the early resolution stage is communicated to the person making the complaint.
When to escalate to the investigation stage
A complaint will be handled at the investigation stage when:
- early resolution was tried but the person making the complaint remains dissatisfied and requests an investigation into the complaint. This may be immediately on communicating the decision at the early resolution stage or could be some time later; or
- satisfactory early resolution will not be possible as the complainant has clearly insisted that an investigation be conducted.
Complaints will be handled directly at the investigation stage, without first attempting early resolution, when:
- the issues raised are complex and require detailed investigation; or
- the complaint relates to serious, high-risk or high-profile issues.
When a complaint is closed at the early resolution stage but is subsequently escalated to the investigation stage of the procedure, the complaint outcome will be updated on the complaints system, and the complaint moves to stage two. A new complaint will not be recorded.
It is also important to take account of the time limit for making complaints when a person asks for an investigation after early resolution has been attempted. The timescale for accepting a complaint as set out in the Regulations is within six months from the date on which the matter of the complaint comes to the person’s notice, but no later than 12 months from the date of the issue or issues being complained about.
While attempting early resolution always take particular care to identify complaints that on fuller examination might be considered serious, high risk or high profile, as these may require particular action or raise critical issues.
Stage two: investigation
Not all complaints are suitable for early resolution and not all complaints will be satisfactorily resolved at that stage. Complaints handled at the investigation stage of the complaints policy and procedure are typically serious and/or complex and require a detailed examination before we can state our position. These complaints may already have been considered at the early resolution stage, or they may have been identified from the start as needing immediate investigation.
An investigation aims to establish all the facts relevant to the points made in the complaint and to give the person making the complaint a full, objective and proportionate response that represents our final position.
What to do when you receive a complaint for investigation
It is important to be clear from the start of the investigation stage exactly what you are investigating, and to ensure that both the person making the complaint and the service understand the investigation’s scope.
If this has not been considered at the early resolution stage, you should discuss and confirm these points with the person making the complaint at the outset if their complaint is unclear, to establish why they are dissatisfied and whether the outcome they are looking for sounds realistic. If discussing the complaint with the person, consider three key questions:
- What specifically is the person’s complaint or complaints?
- What outcome are they looking for by complaining?
- Are the person’s expectations realistic and achievable?
It may be that the person making the complaint expects more than we can provide. If so, we must make this clear to them as soon as possible.
Where possible we will clarify what additional information is needed to investigate the complaint. The person making the complaint may need to provide more evidence to help us reach a decision.
We will find out what the person’s preferred method of communication is, and where reasonably practicable, communicate by this means.
Details of the complaint will be recorded on the system. Where applicable, this will be done as a continuation of the record created at early resolution and not as a new complaint. The details will be updated when the investigation ends.
If the investigation stage follows attempted early resolution, we will ensure we have all relevant information considered at the early resolution stage. You must also record that this information has been obtained.
Contact with the person making the complaint at the start of the investigation
To effectively investigate a complaint, it may be necessary to have a discussion with the person making the complaint to be clear about exactly what the complaint or complaints relate to, understand what outcome the person making the complaint is looking for by complaining, and assess if these expectations are realistic and achievable. This may be by a telephone discussion, or it may be appropriate to arrange a meeting between the owner and the person making the complaint. This will provide the opportunity to explain how the investigation will be conducted, and to manage the person’s expectations in regard to the outcomes they are looking for.
Timelines
The following deadlines are set out in the Regulations for cases at the investigation stage:
- complaints must be acknowledged within three working days; and
- We will provide a full response to the complaint as soon as possible but not later than 20 working days unless an extension is required.
Acknowledgements
The Complaints policy sets out what must be included in a written acknowledgement of a complaint, which is as follows:
- contact details of a named member of the owner of the service being complained about
- details of the advice and support available.
- a statement confirming that the complaint will normally be investigated, and the report of the investigation sent to the complainant, within 20 working days or as soon as reasonably practicable;
- a statement advising that, should it not be possible to send a report within 20 working days, the person making the complaint will be provided with an explanation as to why there is a delay and, where possible, provided with a revised timetable for the investigation; and
- information on Data Protection Act requirements.
When issuing the acknowledgement letter, we will issue it in a format which is accessible to the person making the complaint. It will include the following points, where relevant to the complaint:
- thank the person making the complaint for raising the matter;
- summarise understanding of the complaint made and what the person making the complaint wants as an outcome if there is any dubiety over this in their complaint.
- where appropriate, the acknowledgement letter should express empathy and acknowledge the distress caused by the circumstances leading to the complaint.
- outline the proposed course of action to be taken or indicate the investigations currently being conducted, stressing the rigour and impartiality of the process.
- request that a consent form is completed where necessary.
- provide a copy of our complaints leaflet if this has not already been issued.
We may send the letter electronically, provided that the person making the complaint has consented to this in writing and has not withdrawn their consent.
During the investigation, we will, where possible ensure that the person making the complaint, and anyone involved in the matter, which is the subject of the complaint, is informed of progress and given the opportunity to comment.
Meeting with the person making the complaint during the investigation
To effectively investigate the complaint, it may be necessary to arrange a meeting with the person making the complaint. Where a meeting takes place, we will always be mindful of the requirement to investigate complaints within 20 working days wherever possible. This means that where required, we should always aim to hold meetings within 20 working days of receiving the complaint wherever possible.
As a matter of good practice, where meetings between AR and the person making the complaint do take place, a written record of the meeting should be completed and provided to the person making the complaint. Alternatively, and by agreement with the person making the complaint, we may provide a record of the meeting in another format, to suit their communications needs and preferences. We will discuss and agree with the person making the complaint, the timescale within which the record of the meeting will be provided.
Extension to the timeline
It is important that every effort is made to meet the timescales as failure to do so may have a detrimental effect on the person making the complaint. Not all investigations will be able to meet this deadline, however, and the Regulations allow an extension where it is necessary in order to complete the investigation. For example, some complaints are so complex that they require careful consideration and detailed investigation beyond the 20-working day limit. These would be the exception and you must always try to deliver a final response to a complaint within 20 working days.
If there are clear and justifiable reasons for extending the timescale, set time limits on any extended investigation. We will keep the complainant updated on the reason for the delay and give them a revised timescale for completion where possible. If the person making the complaint does not agree to an extension but it is necessary and unavoidable, then we will consider referral to HIS for review
The reasons for an extension might include the following:
- essential accounts or statements, crucial to establishing the circumstances of the case, are needed from staff, patients or others but they cannot help because of long-term sickness or leave;
- you cannot obtain further essential information within normal timescales;
- operations are disrupted by unforeseen or unavoidable operational circumstances, for example severe weather conditions
- the person making the complaint has agreed to a meeting or mediation as a potential route for resolution.
These are only a few examples, and you must judge the matter in relation to each complaint.
The proportion of complaints that exceed the 20-day limit will be evident from reported statistics.
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Mediation
Some complex complaints, or complaints where the person making the complaint and other interested parties have become entrenched in their position, may require a different approach to resolution. Where appropriate we may consider using services such as mediation or conciliation, using suitably trained and qualified mediators to try to resolve the matter and to reduce the risk of the complaint escalating further.
Mediation can help both parties to understand what has caused the complaint, and so is more likely to lead to mutually satisfactory solutions.
If you and the person making the complaint agree to mediation an extension to the investigation period is likely to be necessary and, revised timescales should be agreed.
Closing the complaint at the investigation stage
In terms of best practice, the complaints process should always be completed by the Feedback and Complaints person (or someone authorised to act on his or her behalf) reviewing the case. They must ensure that all necessary investigations and actions have been taken. which the decision should be issued.
We will let the person making the complaint know the outcome of the investigation, in writing, and, if applicable, by their preferred alternative method of contact. Our response to the complaint must address all issues raised on areas that we are responsible for and explain the reasons for our decision. We will record the decision, and details of how it was communicated to the person making the complaint, on the system for recording complaints. The response must include the conclusions of the investigation and information about any remedial action taken or proposed because of the complaint.
The quality of the response is very important and in terms of best practice should:
- be clear and easy to understand, written in a way that is person-centred, empathetic and non-confrontational;
- avoid technical terms, but where these must be used to describe a situation, events or condition, an explanation of the term should be provided;
- address all the issues raised and demonstrate that each element has been fully and fairly investigated;
- include a meaningful and proportionate apology for where things have gone wrong;
- highlight any area of disagreement and explain why no further action can be taken;
- indicate that a named member of staff is available to clarify any aspect of the letter; and
- indicate that if they are not satisfied with the outcome of the local process, they may seek a review by the HIS. Details of how to contact the HIS office will be included in the response.
Meetings and post decision correspondence with the person making the complaint
As previously noted, it may be appropriate to meet with the person making the complaint at the outset of the investigation in order to fully understand the complaint.
A request for a meeting may also be received once the person making the complaint receives the decision on their complaint. The circumstances in which a meeting may be requested after the decision letter has been received include:
- The person requests further explanation or clarification of the decision or suggests a misunderstanding of the complaint in terms of the response.
- The person does not agree with some, or all of the response in terms of the investigation’s findings or conclusions or with the decision on the complaint.
- A combination of points 1 and 2 above, where for example the person suggests the complaint has not been fully understood, and the decision is erroneous even in the aspects that have been properly considered.
It will be made clear that such a meeting is to address any questions about the response or for further explanation and is not a reinvestigation or reopening of the same issues.
Independent external review
Once the investigation stage has been completed, the person making the complaint has the right to approach HIS if they remain dissatisfied.
HIS considers complaints from people who remain dissatisfied at the conclusion of our complaint’s procedure.
Additionally clients will be made aware via the “ How to make a complaint leaflet” that Healthcare Improvement Scotland is the regulator for independent healthcare services across Scotland and can accept complaints at any time from a complainant.
Contact details are:
Healthcare Improvement Scotland
Independent Healthcare Team
Gyle Square,
1 South Gyle Crescent,
Edinburgh,
EH12 9EB
T: 0131 623 4342 E: his.ihcregulation@nhs.scot
Patients Right (Scotland) Act 2011
The Scottish Health Council’s 2014 The Scottish Health Council’s 2014 report Listening and Learning – How Feedback, Comments, Concerns and Complaints Can Improve NHS Services in Scotlandh
http://www.legislation.gov.uk/ssi.2011/182/contents/made
httip://www.nrwcarestandards.scot/
Additional documents ( attached to application)
Complaint’s information leaflet
Complaints recording system
Service users feedback form
Confidentiality/ general data protection regulation2018
