Complainants can be made direct to the Care Inspectorate if the person wishes to do so. There are various ways that can be used to raise a complaint: verbally, telephone, in person, in writing and through an email. The complaint can be made by:
- Service Users, their families and representatives
- Neighbors and friends
- Health and Social Care Professionals
- Anyone and they don’t need an adult’s consent to do so
Time Limits for Submitting a Complaint
Complaints should be submitted within 6 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.) 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:
The member of staff receiving the complaint will write full details of the complaint and pass this information to the service manager or senior member of staff on duty as soon as possible. A formal acknowledgement of the complaint will be sent within 3 working days of receipt to the complaint, this could be via letter or email. LTS Social Care Services has a system in place to manage out-of-hours and weekend complaints. Where a complaint indicates the potential abuse of Service Users, adult protection policies will be followed as per Local Authority expectation and necessary notifications made to the regulatory body. Confidentiality of information will always be considered, and staff will adhere to the confidentiality policies and relevant codes of practice. If an investigation of a complaint results in disciplinary action of staff within LTS Social Care Services, the complainant will be informed that the investigation has led to disciplinary process, but the details of the outcome or ongoing investigation remains confidential.
The acknowledgement will include:
- An invitation to meet and discuss the complaint.
- Who will be investigating the complaint
- How the investigation will be handled – the response should state what the investigation will be focused on.
- A time limit for the investigation to be concluded. This should be 20 working days; however, some cases may take longer, and the complainant will be made aware of this.
- The complaints procedure and contact details of bodies that can be accessed in the event of dissatisfaction with the outcome of the investigation
Following a full investigation, a response letter will be sent, and this will include the following:
- A summary of the issue from the complainant’s point of view
- Details of the evidence and sources consulted to investigate the issue fully and fairly
- A presentation of the findings for each issue clearly and concisely described
- A conclusion, stating clearly whether the issue is “upheld”, “partially upheld” or “not upheld”; unless it is ineligible, in which case the reason for this will be given, e.g. out of time or out of jurisdiction
- An explanation of the outcome and whether any remedial action or learning points arise from the investigation of that issue
- An apology where the issue is upheld, and shortcomings or failings have been found
- The complainant’s rights if not satisfied with the outcome to refer to Scottish Public Services Ombudsman.
- A signature from the responsible individual or sent by email in their name.
The complaint will be closed once confirmation has been received that there is satisfaction with the outcome. In the event of dissatisfaction, LTS Social Care Services will advise the complainant to escalate their complaint to the Care Inspectorate for further investigations
3 C & D South
Victoria Quay
Edinburgh
EH6 6QQ
Tel: 0345 600 9527
Furthermore, Individuals have the right to raise their complaint to the Scottish Public Services Ombudsman. This is a free service and individuals can contact the Scottish Public Services Ombudsman at:
Scottish Public Services Ombudsman
4 Melville Street
Edinburgh, EH3 7NS
Tel: 0800 377 7330 or 0131 225 5300
Visit: www.spso.org.uk