Resolving Consumer Complaints – for Frontline Workers in Community Services

1. Resolving Consumer Complaints – for Frontline Workers in Community Services

2. complaints : public sector community services  oversights: investigation of complaints about police  handling of child abuse allegations & convictions by persons and bodies within jurisdiction use of powers to conduct controlled operations reviews: FOI determinations legislation about police powers delivery of community services; causes & patterns of deaths of certain children & persons with disabilities in care Witness Protection Program audits: telecommunications interception records complaint handling systems What does the Ombudsman do?

3. Ombudsman’s community services functions • promote improvements in the delivery of community services in NSW • promote the rights and best interests of service receivers • make recommendations about individual, service and sector-wide issues

4. Legislation • Ombudsman Act 1974 • Community Services (Complaints, Reviews and Monitoring) Act 1993 (known as CS-CRAMA)

5. CS-CRAMA Principles • Complaints and monitoring to be viewed positively as ways of improving services • Best interests of the consumer paramount • Consumers have a right to be heard and have decisions explained • Complaints to be dealt with fairly, informally & quickly • Local resolution & alternative dispute resolution encouraged • Compliance with existing community welfare legislation – eg. standards

6. Recognise the value in resolving complaints at the • local level • Develop & implement effective complaints systems • Record reasons for decisions & give to consumers • Produce clear & accessible info for consumers • about complaints process • Tell consumers that it is safe to complain - • - retribution illegal and penalties attached Service provider responsibilities under CS-CRAMA

7. Community services we cover • Community Services (CS) • Ageing, Disability and Home Care (ADHC) • Non-government services that are funded or licensed by CS and ADHC

8. Community Services we cover: • Disability day, support, respite and accommodation services • Homeless persons accommodation services • Child protection • Child and family services • Out-of-home care services • Home support services • Neighbourhood services • Licensed boarding houses

9. What do we do? • Handle complaints • Reviews of people in full time care • Reviews of service complaint systems • Reviewable child & disability deaths • Coordinate Official Community Visitors • Inquire into, monitor and review delivery of community services • Educate and inform the sector and community • Promote improvements and standards • Promote access to advocacy support

10. Who can complain? • A service receiver, on their own behalf • Anyone with a genuine concern, such as a friend, family member, worker • A person responsible for a service receiver, such as a parent, guardian or advocate • A Member of Parliament

11. What complaints can be dealt with? The Ombudsman can deal with oral and written complaints about: • A person or group of people • Whether a service has acted unreasonably: • in the way it provides a community service • if it fails to provide a service • by withdrawing or varying a service • in the way it administers a service

12. How does the Ombudsman deal with complaints? • Undertake preliminary inquiries – verbal &/or written • Refer a complaint to a service provider for local resolution • Refer a complaint to a service provider or other body for investigation • Service providers must inform the Ombudsman about the outcome of the local resolution or investigation

13. More options for dealing with complaints • Conciliate a complaint • Investigate a complaint • Take no further action about a complaint • it has been resolved • another body has considered, or may consider, it, e.g. Court, Tribunal • it is remote in time, e.g. > 12 months • other relevant action may be taken, e.g. in-care review, complaint handling review

14. Case study • A man complained about insufficient support to his son in a group home: compatibility of residents, independent living skills, lack of peer contact, failure to properly implement individual plan • Complaints to the service were unresolved – despite letters & meetings • We held a conciliation. It helped parties to understand each other’s concerns, & rebuild trust. • Agreement was reached on addressing the issues.

15. Complaint Trends (2005-2006) • Who are complaints about? • CS 56% • ADHC 17% • NGO funded/ licensed 16% • Other 7%

16. What do people complain about? • Inadequate case planning &case management • Poor quality services & not meeting individual needs • Decisions about service entry or exit • Contact with family & friends for people in care • Clients not involved in planning & decisions • Non-provision of information about case plans, decisions & reasons for decisions • Professional conduct of staff • Adequacy of service policies & procedures • Service funding • Poor complaint handling

17. Casework / Management System Complaint System CS CRAMA Ombudsman Act Workcover Industrial Relations law Client Service Provision OH & S & workers comp Reportable allegations against employees Staff Grievance

18. I am unhappy about… I am dissatisfied with… I don’t like… I disagree… Why didn’t … happen? I don’t understand why… Why doesn’t the service… I don’t think it’s fair that… Complaints language – identifying a complaint

19. Power imbalance Fear of retribution Lack of skills eg negotiation, communication Lack of knowledge Feeling nothing will change Previous negative experiences Daily challenges take priority Specific issues like disability, mental illness, etc Language difficulties Barriers to making complaints

20. Encouraging Complaints • Train your staff to view complaints as gifts • Market that you are looking for complaints • Invent new ways for your consumers to give feedback • Randomly ask for feedback • Ask for value ratings eg. OK, easy, really good • Hang out with your consumers • Go after consumers who don’t normally complain • Create staff feedback forms to capture staff feedback

21. How do you handle personal criticism? • Reject the feedback, & blame the other person • Blame yourself: become embarrassed & upset, immobilised to act • Justify what happened & reluctantly take some responsibility  • Openly admit your mistake but remain feeling negative, secretly blame others and do nothing to change • Be positive about it: thank the person. Apologise, if appropriate, and take corrective action • Take the feedback as an opportunity to improve. Correct the mistake, investigate the reason for it, and find ways to avoid it happening again. Share your knowledge & success with others.

22. Effective complaints systems • Policies and procedures • Staff training • Consumer information and education • Recording and monitoring • Taking action

23. As a worker you must … • Know your complaints policies and procedures • Refer complaints to the appropriate person • Keep required records

24. Promoting service quality and improvement • Helps to identify problems and solve them • Provides feedback on what is important to consumers • Show patterns and recurring problems so the cause can be fixed

25. Key elements for good complaints handling practice • The service is committed to the efficient & fair resolution of complaints. • The complaints process is visible. • The complaints handling process is accessible to all consumers. • The complaints process is quick & courteous. • The complaints process has the capacity to determine & implement outcomes. • Complaints are used to inform service provision.

26. Contact details • Phone: 9286 1000 • Toll-free (outside Sydney): 1800 45 1524 • TTY: 9264 8050 • Translation/Interpreting: 13 14 50 • Email: nswombo@ombo.nsw.gov.au • Web: www.ombo.nsw.gov.au • Location: Level 24, 580 George St Sydney