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Ombudsman Act 1972

Ombudsman Act 1972. Presentation to CAHLN staff Managing Unreasonable Complainant Conduct Kym Davey Manager Intake and Assessment 5 December 2018. Acknowledgement of Country.

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Ombudsman Act 1972

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  1. Ombudsman Act 1972 Presentation to CAHLN staff Managing Unreasonable Complainant Conduct Kym Davey Manager Intake and Assessment 5 December 2018

  2. Acknowledgement of Country Today we meet on Kaurna landOmbudsman SA recognises the traditional custodians of this land, and pays respects to Elders past, present and emergingI acknowledge the enduring connection the Kaurna people have with the Adelaide Plains.

  3. About Ombudsman SA:Anyone can complain to the Ombudsman…Ombudsman SA jurisdiction is broad – covers most state agencies, councils and universitiesChild Protection and Return to Work matters recently added to Ombudsman SA jurisdictionHealth related matters are usually handled by HCSCC – but Ombudsman SA has oversight

  4. Background The Ombudsman is an independent statutory officer, and reports directly to Parliament Investigates, conciliates and resolves complaints under the Ombudsman Act 1972 and makes remedial recommendations to agencies Receives disclosures of public interest information under the Whistleblowers Protection Act 1993 Conducts administrative audits Receives referrals from the Independent Commissioner Against Corruption Conducts Freedom of Information Reviews & Return to Work Act complaints

  5. What’s within our jurisdiction? • ‘Administrative acts’ … not policy or judicial acts • … carried out by government departments, local government and contracted service providers to government (e.g. G4S Security Services & Community Housing Providers) Examples: • A decision taken by a council to recover costs from ratepayers • Inappropriate residential development allowed • Unfair enforcement action, e.g. fines recovery FERU • Failure to keep a record or adequate record of an event – leading to disciplinary action against a prisoner • Delays in providing action on a complaint or a request for service

  6. Who can complain? • An individual or organisation with a sufficient interest … by telephone, in writing, or through our web site. e.g. council residents, housing trust tenants, clients of the Public Trustee, prisoners. • Complainants can act through: • a guardian or representative approved by the Ombudsman e.g. family member or partner • a Member of Parliament • Parliament also has power to refer complaints OSA is an ‘Office of last resort’… we usually ask complainants to approach the particular agency first. In health related matters this would be the service provider, AHPRA or the HCSCC. Includes complaints about SAPHS.

  7. Complaint numbers ... Year 2017-2018 • 13 192approaches were made to Ombudsman SA • 4 539were taken as Ombudsman complaints received (8%) • 32referralsfrom ICAC re misconduct/maladministration • 42 complaints against the Department for Health & Wellbeing • 110complaints against CALHN (one investigation)

  8. Unreasonable Complainant Conduct (UCC) Is behaviour by a current or former complainant which, because of its nature or frequency, raises substantial health, safety, resource or equity issues for the parties to a complaint. Why do people behave unreasonably? • Attitudes – dissatisfied with a person, agency or system • Emotions – angry, frustrated, obsessive, inflated sense of entitlement • Aspirations – seeking ‘justice’ obsessive about ‘a matter of principle’ • Recreational passions – pursuing a hobby – career complainant • Needs and expectations – physical or emotional needs not met • Mental or physical health – poor health; emotional or psychological instability; trauma; alcohol or drug issues • Culture – language, racism or adjustment difficulties

  9. Challenging behaviour- Is where people are confronting or unpleasant. Complaint handlers need to: • Respond promptly & talk like a human being • Control reactions to the behaviour in order to respond more effectively • Choose the best strategy for dealing with the behaviour • Remain pleasant and respectful • Help the complainant explain their problem and what they want • Remain in control of the emotional level of the conversation • Be clear about agency role and the limits of what can be done • Know your triggers

  10. Your experience...? Take a minute to jot down an experience you have had with UCC... • What makes it UCC? • How did you feel about the complainant’s behaviour? • What did you do about it? • What were the effects of the behaviour on staff/the agency? • What did you learn from the experience?

  11. Case study example... the potential impacts of UCC Mr M’s university employment complaint

  12. Managing UCC What are some of the prevention principles and strategies needed to manage UCC?

  13. Managing UCC ... • manage complainant expectations from the outset • insist on respect and cooperation • implement policies and procedures • respond appropriately and consistently • exercise ownership and control over complaints • focus on conduct and issues – not the person as a problem • communicate and inform confidently and calmly • show respect for the complaint regardless of behaviour • demonstrate impartiality – avoid advocacy • respect your own professionalism

  14. Conduct unreasonable and unacceptable in all circumstances • aggressive language • cursing and shouting • harassing words or actions • threats • violence • refusal to leave premises • belittling or haranguing female or junior employees • bombarding staff with phone calls/emails • demanding to speak to ‘a man’ or a particular staff member

  15. Querulants – unreasonable persistence (morbid complaining behaviour) • constantly interrupts case officer • repeats same words or phrases over and over • vehemently argues that he/she is misunderstood • bombards agency/officer with phone calls, visits, emails • contacts different people in the agency • sends complaints to multiple people/organisations (forum shopping) • reframes same complaint in different terms • demands a review because they disagree with a decision • continues to complain after the case is closed • want undeliverable outcomes e.g. vindication, retribution or revenge

  16. What are the impacts on staff and agency?

  17. Impacts on staff and agency • stress, anxiety and frustration • feelings of being under attack – powerlessness/conflict • loss of confidence – reduced motivation to do the work • psychological trauma • burnout • depression • loss of focus for the whole workplace • waste of scarce staff time and resources • increased staff absenteeism/turnover • escalation in duty of care issues for management • stress leave and workers compensation claims • resources diverted to legal advice • reputation damage to agency

  18. Question? Is there any legislation, regulation or policy in CALHN that might limit or affect the types of strategies you can use to manage difficult complainant conduct? For example, does the complainant have a statutory right to the services provided by CALHN – thereby preventing you/the agency from terminating their access to those services?

  19. A few Do’s and Don’ts managing UCC Do: • acknowledge emotions and allow complainant to vent • control your own emotions in dealing with the complainant • show empathy for their stress/anger/situation • acknowledge their point of view without agreeing • anticipate likely arguments/demands the complainant will make • find appropriate points of agreement with the complainant • use ‘I’ and ‘we’ messages to maintain control and cooperation • ask questions to steer and control the discussion

  20. A few Do’s and Don’ts managing UCC Don’t • allow venting to go on and on - avoid a negative spiral • respond to fighting words or bravado • allow your empathy to affect your objectivity • ‘echo’ or put words into complainant’s mouth • disregard their point of view as wrong or outrageous • present counter arguments in a confrontational way • make promises or agree with something that may be retracted later • dismiss a complaint because the complainant is difficult or has a ‘reputation’

  21. A word on mental illness • it’s important not to dismiss a valid issue as delusional • take some time to tease out evidence for claims made • if you suspect mental illness show patience, manage expectations and don’t escalate • take threats of harm or self-harm seriously and tell caller you must report what they say • report self harm threat to Mental Health triage immediately.

  22. Questions/discussion?

  23. Thank you for your participation

  24. Resources: • Managing Unreasonable Complainant Conduct Practice Manual - 2nd edition Ombudsman NSW - May 2012 • Good Practice Guide to Dealing with Challenging Behaviour - Victorian Ombudsman – May 2018 • Australian/New Zealand Standard: AS/NZS 10002:2014 - Guidelines for complaint management in organizations– Appendix E: Unreasonable Conduct by Complainants – SAI Global – October 2014

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