Complaints Policy

Break Barriers (Nottingham) Ltd understands complaints to be an expression of dissatisfaction requiring a response, communicated verbally, electronically, or in writing. Complaints may be made by any Customer, their family or advocate acting on their behalf, with their consent or in their best interests.

Break Barriers (Nottingham) Ltd takes complaints seriously. We will aim to put things right that have gone wrong and learn lessons to avoid the problem happening again. This policy sets out the framework for how Break Barriers (Nottingham) Ltd will achieve this. The detail of how Break Barriers (Nottingham) Ltd will do this will be found in the associated procedures.

Making a Suggestion

Break Barriers (Nottingham) Ltd will seek out opportunities to obtain feedback from Customers and stakeholders. Break Barriers (Nottingham) Ltd will act with sensitivity, integrity and professionalism by treating individuals who do complain or make a suggestion with compassion, courtesy and respect. Break Barriers (Nottingham) Ltd will protect the Customer's right to confidentiality. Break Barriers (Nottingham) Ltd will ensure that alternative methods of communication are available so that the complaints and suggestions procedures are accessible for Customers who experience difficulties with communication or whose first language is not English. To make a suggestion, you can speak to the:

Registered Manager
Break Barriers (Nottingham) Ltd
Tel: 01159003188
Email: info@breakbarriers.co.uk

Safeguarding Concerns

Where a complaint or concern is raised that relates to a customer being harmed or likely to be harmed, Break Barriers (Nottingham) Ltd will follow its Safeguarding Policy and Procedures in addition to the complaints procedures, seeking advice and guidance from the Nottingham City Council and Nottinghamshire County Council Safeguarding Adults Team and escalating concerns in line with Nottingham City Council and Nottinghamshire County Council procedure. Break Barriers (Nottingham) Ltd will also notify the CQC in line with its statutory duty.

One Complaint, One Response

Break Barriers (Nottingham) Ltd will follow the Local Government and Social Care Ombudsman best practice and, where Customers are receiving services from more than one organisation, it will ensure they can make a complaint to anyone and be provided with a single response following a joint investigation.

Vexatious Complaints

Occasionally, Break Barriers (Nottingham) Ltd may receive complaints that are vexatious in that they cause considerable disruption to the work at Break Barriers (Nottingham) Ltd, 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).

Break Barriers (Nottingham) Ltd will ensure that it meets the requirements of the Equality Act 2010 to make ‘reasonable adjustments’ for disabled Customers. In some circumstances, Customers 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, Break Barriers (Nottingham) Ltd will consider the needs and circumstances of the Customer or complainant in the first instance and use this information to inform any decisions that are made.

Raising Complaints

A complaint can be received by Break Barriers (Nottingham) Ltd either verbally or in writing and can be made by:

  • Customers or anyone affected by Break Barriers (Nottingham) Ltd
  • Someone acting on behalf of a Customer and with their written consent, e.g. an advocate, relative, Member of Parliament
  • Someone acting on behalf of a Customer who is unable to represent his or her own interests, provided this does not conflict with the Customer’s right to confidentiality or a previously expressed wish of the Customer.

You can contact the Registered Manager at
The Registered Manager
Complaints Team
Break Barriers (Nottingham) Ltd
Castle Cavendish Works
Dorking Road
Nottingham
NG7 5PN
Tel: 01159003188
Email: complaints@breakbarriers.co.uk

Break Barriers (Nottingham) Ltd will ensure that Customers are given information on how to make a complaint and the process once a complaint has been made, including any agreed timescales.

Anonymous Complaints

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

Time Limits for Submitting a Complaint

Complaints should be submitted within 12 months of the incident or concern arising. The time limit, however, can and should be waived, if: It is still practical and possible to investigate the complaint (the records still exist and the individuals concerned are still available to be questioned, etc.) and

The complainant can demonstrate reasonable cause for delay in making the complaint It is at the discretion of the manager of the service if the time limit can be set aside.

Complaints Procedure

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

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

Staff will report the complaint to the most senior member of staff on duty and the complaint will be logged.

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. Break Barriers (Nottingham) Ltd will have a local system in place to manage out-of-hours and weekend complaints received. Here you will also be supported with to understand our complaints procedure.

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 delay where investigations took longer than the agreed response period
  • The date the report of outcome was sent to the complainant

Investigations

All investigations will be managed by using the following approach:

  • Investigating the fact
  • 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.

If an investigation of a complaint results in disciplinary action against staff within Break Barriers (Nottingham) Ltd, the complaint will continue to its conclusion. The complainant will be informed that the investigation has led to the disciplinary process, but the details of the outcome or ongoing investigation will remain confidential.

Unresolved Complaints

There are many bodies that can support with, or will need to be informed of, unresolved complaints and it is important to note that, due to the current coronavirus pandemic, helpline opening times and ways of communicating may vary across each organisation.

The Care Quality Commission

The Care Quality Commission will not investigate complaints on behalf of individuals but 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 to prevent others from going through the same experience and can be fed back via:

Care Quality Commission (CQC)
National Correspondence
Citygate, Gallowgate
Newcastle upon Tyne
NE1 4PA
Tel: 03000616161
Fax: 03000616171
Website: www.cqc.org.uk
Email: enquiries@cqc.org.uk

The Local Government and Social Care Ombudsman (for those Customers 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: 03000610614
Email: advice@lgo.org.uk
Website: www.lgo.org.uk
Complaint form: www.lgo.org.uk/complaint-form

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 (for Customers 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 this address:

Parliamentary and Health Service Ombudsman,
Millbank Tower, 30 Millbank
Westminster
London
SW1P 4QP
Telephone: 0345 0154033
Email: phso.enquiries@ombudsman.org.uk
Website: www.ombudsman.org.uk

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

Clinical Commissioning Groups

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.

Local Authority Complaints Teams

Individuals have the right to raise concerns and complaints about adult social care regardless of whether or not they pay for their own Care or if the Council funds it. Individuals can make a complaint about organisations who provide services on the Council's behalf.

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, Break Barriers (Nottingham) Ltd will work with the external body providing information as requested, within any agreed timescales expected.

This policy can be viewed in full upon request.