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Complaints, Disputes & Inappropriate Behaviour: Dealing with demanding family members

Complaints, Disputes & Inappropriate Behaviour: Dealing with demanding family members. What we do. Challenging CQC inspections & enforcement Negotiations with local authorities and CQC Fees recovery Safeguarding Mental capacity and court of protection Contracts & policies Employment law

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Complaints, Disputes & Inappropriate Behaviour: Dealing with demanding family members

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  1. Complaints, Disputes & Inappropriate Behaviour: Dealing with demanding family members

  2. What we do • Challenging CQC inspections & enforcement • Negotiations with local authorities and CQC • Fees recovery • Safeguarding • Mental capacity and court of protection • Contracts & policies • Employment law • Business sales and acquisitions

  3. Complaints, Disputes & Inappropriate Behaviour Dealing with demanding family members

  4. As service providers your job is to care for people when they or their families are unable to.

  5. How many of you have had to deal with a difficult relative?

  6. The effects of those problems: Staff morale Efficiency Productivity Best interests Risk to your business reputation

  7. Complaints • You must have systems in place to deal with comments and complaints • Regulation 19 of the Health & Social Care Act 2008 (Regulated Activities) Regulations 2010

  8. Outcome 17 of the Essential Standards of Quality and Safety Provide people with information about the complaints system Ensure complaints are listened to and investigated by competent staff Keep a record of the steps taken and decisions made Resolve the complaint and give honest explanations

  9. The impact on you, your business and your staff Time consuming Abusive Distracting Demoralising

  10. Case Study

  11. Liz has 2 sons and a large extended family!

  12. …and an ex-husband!!

  13. They regularly go out together…

  14. Accusations of abuse against the ex-husband…

  15. Is Elizabeth mentally capable? • Does she have an impairment of or disturbance in the functioning of her mind or brain and if so • Is that impairment or disturbance sufficient that she lacks the capacity to make particular decision?

  16. Can she make her own decisions? • Can she understand the information relevant to the decision? • Can she remember that information long enough to be able to make the decision? • Is she able to weigh up the information that is relevant to the decision? • Is she able to communicate her decision?

  17. If she is capable, it is her decision to make • The Mental Capacity Act gives us a framework to ensure that people continue to make decisions about their own lives as much as possible

  18. If she is capable…. • It is her decision if she instructs a solicitor and which solicitor she instructs • It is her decision if she makes a Lasting Power of Attorney (“LPA”) • If she is capable and doesn’t want to make an LPA she is free to decide not to

  19. If she is incapable of making an LPA • Someone can apply to the Court of Protection to be appointed Deputy • If there is no one willing, able or appropriate among her close friends or family the Court will appoint a professional Deputy • An application could be made to the Court for the appointment of a Health & Welfare Deputy

  20. Case Study • One son accuses you of not listening to him • He is loud and abusive

  21. Action Points • A letter from a Solicitor might put the vexatious complainant straight. • If their comments become malicious contact us for advice. • A letter can be sent under the Defamation Protocol. • Discuss the situation with your CQC Inspector - they may be able to support you in telling the relative how things need to operate in the future.

  22. Comments and Reviews • Watch out for comments or reviews • NHS Choices website • Moderation Rules • Liability for Defamation • Feedback through Social Media

  23. Confidentiality Care and health records are confidential documents and cannot be disclosed without consent The duty of confidentiality remains after death The Access to Health Records Act 1990

  24. Top Tips Listen Investigate Keep a record Give honest explanations Don’t get drawn into email exchanges Ask for the complaint to be put in writing Discuss it with your client Assess your client’s capacity Support your client to make their own decisions

  25. We can help • Free consultation • Discounted rates for RCPA members • Mental Capacity Act training • Employment advice packages • Free review of employment and service user contracts • Free e-bulletins for employment and social care law updates

  26. QUESTIONS

  27. For a free consultation to discuss any of the issues raised, please contact:Anne MinihaneSocial Care Team 0117 9308455anne.minihane@qsbdlaw.com Thank you for listening!

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