Tips
Practical advice when making a complaint
Within the aged care industry, a resident's right to complain about any aspect of care or services is prescribed within the Charter of Resident Rights and Responsibilities. Additionally, as part of the accreditation arrangements, services are required to establish and maintain an internal system for dealing with comments or complaints from care recipients and/or their representatives.
Anyone experiencing difficulties with care and accommodation issues that may be a breach of an approved provider's legislative responsibilities is encouraged to approach the service provider in the first instance. Nevertheless, for a range of reasons some people prefer to access a complaints system external to that of the provider. The Complaints Investigation Scheme was established by the Government to fulfil this role.
As a general rule, however, you should make a complaint directly to the organisation or provider concerned and give them an opportunity to address your concerns. The management of complaints is commonly viewed as a legitimate part of an organisation's quality assurance and improvement processes. Therefore, in addition to resolving your complaint, bringing the matter to the attention of the organisation may result in changes to their policies/procedures that may ultimately benefit others.
Is it best to write or telephone?
Most complaint handling bodies agree that it is generally best to write a letter of complaint, this is particularly important if you are dealing with a large organisation. If you write a letter someone will be given responsibility for exploring your concerns and answering your letter.
Nonetheless it is often a good idea to make an initial phone call to help you understand the organisation's complaint handling procedures and/or to clarify some of the concerns you have. If you do phone, you should ask to speak the person in charge or someone who is responsible for managing complaints. Some complaints are able to be resolved at this level. If the complaint is unresolved you should tell the person about your complaint, ask them if they can help and/or what they intend to do. You should always ask the person for their name and position and keep a record of the date and time of your call and what was said including any commitments or agreements reached. Even if you think the matter has been resolved to your satisfaction, it may be beneficial to place on record your understanding of your phone conversation and the outcomes in writing.
In the event that you do not hear form the organisation after your phone call or there is any doubt about whether your concerns have been properly addressed, you should write a letter.
Who should you address the letter to?
You should address your letter either to the person in the organisation who is responsible for complaint handling or the Director of Nursing/Hostel Supervisor. If you are unable to identify these people, you should write to the Chief Executive Office or President of the Board of Management. Your letter should make it clear that you consider them responsible and that you expect them to address your concerns and provide a written response. Your letter should be polite and provide factual information only.
What should you include in your letter?
Your letter should be clear, factual and succinct and provide a brief summary of your complaint, without going into any unnecessary detail. You should try to cover the main points and outline the issues in a logical order. If you can you should include:
- a description of the incident or problem
- relevant dates, places and times
- details of any phone conversations and meetings
- copies of supporting documentation or witness statements
- any clarification you think is important
- what action you think should be taken to resolve your concerns.
You should ensure that any demands you make are reasonable and within the authority and capacity of the person or organisation to deliver. It is not all that uncommon for people to see complaints as a slight on the professionalism of staff or management and so try to defend the actions of the organisation or individuals. In that context it is best if you are able to indicate that, rather that apportioning blame; you are giving the person or organisation an opportunity to correct a mistake or an oversight.
What else should you do?
You should always request that your letters or phone calls are acknowledged in writing and ask for an estimate of how long it will take to deal with your complaint. Sometimes it is useful to obtain a copy of the organisation's complaint handling policy. You should make sure the organisation has your contact details. You should also let the organisation know if you are going to be away or if you believe there is any urgency involved in obtaining resolution (for example a resident's security of tenure).
It may be appropriate to tell the person or organisation that if the complaint is not resolved, you will complain to someone else. This information should not be conveyed as a threat but as an indication of the importance to you in seeking a resolution to your concerns.
It is important that you keep copies of all letters that you send and receive as well as details of all telephone calls. Remember to only send copies and to retain the originals of any documentation you provide in support of your claims. You may subsequently need to provide confirmation of your dealings with the organisation, particularly if you decide to refer the matter to another complaint handling body.
What should you do if you there is no response?
If there is no contact with you within the agreed time frame you should call the individual or organisation to check on the progress of your complaint. You should politely make it clear to the person you speak with that you expect regular contact and that the problem will not go away until there is some resolution. If you do not receive an update or your feel your concerns are not being addressed then write again. This letter could be addressed to someone higher in the organisation and copied to the person you have been dealing with to this point.
What should you do your concerns are not resolved?
If your complaint is not properly resolved, or is not dealt with in a reasonable time, you may want to raise the matter with another organisation. If you have been dealing with an aged care organisation that is subsidised by the Commonwealth Government you are able to contact the Aged Care Complaints Investigation Scheme on 1800 550 552.
If you have been dealing with the Aged Care Complaints Investigation Scheme or the Aged Care Standards and Accreditation Agency you may seek advice from the Office of the Aged Care Commissioner by telephoning 1800 500 294. Alternatively you may lodge a complaint with the Aged Care Commissioner by writing to Locked Bag 3, Collins Street East Melbourne VIC 8003. You are also able to contact the Commonwealth Ombudsman by calling 1300 362 072 or lodging a written complaint to GPO Box 442 Canberra ACT 2601