Mencap complaints policy
Mencap complaints policy
This policy is for people who use Royal Mencap Society services, their families and friends, Mencap donors, supporters, sponsors and the public.
The policy does not relate to othe activity of any other
organisation
An organisation are a group of people who work together.
who uses the Mencap brand. Should we recieve a complaint about these
organisations
Organisations are groups like companies and businesses.
, we will share this with them so they can investigate.
The policy is not for current or former employees who have left Mencap within the last 6 months. They must raise their concerns through our HR processes.
Mencap colleagues must also refer to our internal complaints process and
guidance
Guidance means being given clear instructions to be able to do something well.
when managing a complaint.
- We are open to complaints; we want to learn from the things that go wrong
- We are open and transparent about the complaints we receive and the processes we follow
- We recognise that understanding what is not working supports us to take the right action to improve.
Introduction
This policy explains how someone can make a complaint about Mencap and what they can expect from us when they do this. Every complaint received will be managed in line with this policy even when escalated to a senior leader in the organisation.
This policy is also available in
Easy Read
Easy Read is a way of making written information easier to understand. Pictures are usually added next to the writing.
format.
Our Approach
We are committed to providing a high-quality service, and we understand that complaints help us to improve what we do.
We show this commitment by:
- Making our complaint process as easy as possible for complainants. This includes providing this policy in languages other than English as quickly as possible when this is required.
- Treating all complaints seriously, confidentially, with empathy and an open mind. This includes investigating complaints from anonymous complainants.
- Making sure that colleagues know and understand their role and responsibilities in managing and resolving complaints.
- Fulfilling our internal and external reporting responsibilities. This includes notifying relevant authorities should a complaint involve a
safeguarding
Keeping people safe from being hurt, abused, or neglected is called Safeguarding.
concern. - Following the principles of the NHS England 'Ask Listen Do' project. This means:
We actively encourage feedback on our work and provide assurance that a person's care, support or advice is not negatively affected because of a complaints.
We listen to the complaints we get and undertake thorough and balanced investigations.
We act on what we have been told and make improvements to our ways of working, making sure we tell the complainant what we are doing.
We are also committed to understanding the experiences of people who may be subjected to inequities because of their age, disability, race/ethnicity,
religion
Religion is to do with the things you believe about the world. For example you may believe there is a god or something else. Examples of religions are Christianity, Hinduism, Islam and Judaism.
or belief, sex, sexual orientation,
gender
Your gender is how you think of yourself. Most people think of themselves as a man or woman. Some people think of themselves as non-binary.
identity, poverty or other status. We know that such inequalities can lead to further inequities in how people
experience
Experience is when you have learned or tried something before.
a complaints process. We are clear that every complaint must be treated fairly with equal
respect
Respect means showing someone you think about someone's feelings, wishes or
rights
Rights are the things everyone should be allowed to do like have a say, or go to school.
.
and every complainant with empathy.
Information you will find in this policy
- What is a complaint?
- How can someone make a complaint?
- How do we respond to a complaint?
- Appeals
- Why we might not investigate a complaint
- Privacy and data protection
- Useful contacts.
What is a complaint
We define a complaint as a communication of dissatisfaction with an activity or experience with Mencap that has fallen short of the expectations of the person complaining or identifies a shortfall in the
values
Values are the things that are important to you. Mencap's values are being passionate, inclusive, brave, positive, and kind.
we hold.
Complaints can be difficult to make and may sometimes be hard to identify. If a person raises several concerns, raises a concern in anger, or simply states they are unhappy about something we have done, that is a complaint and should be treated as such.
We recognise that people sometimes feel more comfortable suggesting improvements or ideas about how we can do things better. We encourage people to share their suggestions with the local team or
manager
A manager is a boss at work. They tell you what you need to do and give you support if you need it.
.
How can someone make a complaint?
To make a complaint, people can:
- Speak directly with a team member
- Telephone our complaints team on 0808 196 8424
- Email complaints@mencap.org.uk
- Fill out our online feedback form on our
website
A website is a page you can go to on the internet like Google or YouTube.
: https://www.mencap.org.uk/feedback - Write to, or email, a local or senior manager
- Complete our Easy Read complaints leaflet and post it to us at:
Complaints Team,
Mencap,
Business Support Centre,
6 Cyrus Way,
Hampton,
Peterborough.
PE7 8HP.
We encourage people to complain as soon as possible after the vent has occurred so we can put things right quickly. However, a complaint can be made within 12 months of the event/concern, or 12 months from the date the complainant becomes aware of their concern.
Advocates and representatives
We understand that some people may wish to make a complaint through an
advocate
An advocate is a person who can help you have your say. An advocate can speak up for you if you find it hard.
or a nominated
representative
A representative is also called a rep. A representative is someone who speaks up for everyone in their group or team.
. If this is the case, we will request
consent
Consent is when you say yes to something, like an operation, or Mencap using your photo for a story. You may have to sign something to say yes. If you can't make your own decisions, someone else can say yes or no for you. They must think about what is right for you.
from the complainant to share information/outcomes. We will typically request written or verbal consent; however reasonable adjustments can be made to obtain consent through a process that meets the complainant's individual needs.
How do we respond to a complaint?
We acknowledge complaints within 3 working days by email, telephone, letter, or in person to clarify what we believe the complaint is about and provide the complainant with a copy of our complaints policy.
We will outline the next steps to the complainant and explain how we will investigate their complaint. All complaints will have an identified investigator who will clarify with the complainant any aspects they are unclear about before completing their investigation. The complexity of the complaint determines which colleague completes the investigation. Where possible, a manager most local to the complaint will be the investigator. We aim to conclude complaint investigations with in 25 working days. More complex investigations may take longer to resolve. Whoever, should we need more time than expected, we will inform the complainant of this, provide them with a new date and an explanation for the delay.
Outcome of complaints
When we have completed our investigation, we will share our outcome(s) with the complainant in writing. We conclude our complaint as:
- Upheld - our investigation has identified that our actions or services did not meet the expected standard(s)
- Partially upheld - our investigation has identified errors or shortcomings in
certain
Certain means you are sure about something.
areas of the complaint but not in others - Not upheld - our investigation has identified that our actions or services are in line with the expected standard(s)
- Inconclusive - we are unable to determine an outcome based on our findings.
Where we make recommendations for learning, these will be shared with the complainant. The actions needed to implement this learning will be overseen by the relevant manager. They are responsible for information the Complaints Lead once the actions have been completed.
Appeals
If the complainant is unhappy with our investigation process or our proposal to resolve it, they can appeal to our Complaints Lead within 15 working days of receiving their complaint outcome.
The Complaints Lead will review the complaint investigation to make sure:
- The correct process was followed, and the complaint was handled correctly
- All concerns have been responded to and resolved
- The complainant was treated fairly, justly, with empathy and respect.
Should the Complaints Lead identify concerns with our original investigation, they may recommend that the complaint is re-investigated.
To request an appeal, complainants should contact our Complaints Lead at complaints@mencap.org.uk and include their name, the service or colleague they have complained about, and their reason for the appeal request.
The Complaints Lead will undertake the appeal process within 30 working days. If we are unable to resolve a complaint after our appeal stage, the complainant has the right to contact the appropriate regulator or
ombudsman
An ombudsman is someone who can help you if you have complained about a service, like a hospital. If you think that the service has not looked at your complaint properly, you can take your complaint to the ombudsman. The ombudsman is an independent person who will look at your complaint.
. Contact details for these are provided below in the 'Useful contacts' section. Please be aware that different regulators have different escalation timeframes:
- In England and Wales, a complainant must escalate their complaint to the relevant Ombudsman within 12 months of the event/incident or when the complainant first became aware of the issue.
- In Northern Ireland, a complainant must escalate their complaint within 6 months from when the complainant received our final complaint decision.
Why we might not investigate a complaint
Time limit for making a complaint
We encourage people to complain as soon as possible after the event has occurred so we can put things right quickly. However, a complaint can be made within 12 months of the event/concern, or 12 months from the date the complainant became aware of their concern.
Legal proceedings
If a complaint is part of a legal action, Mencap will continue to investigate the complaint unless doing so could affect legal proceedings. The decision on whether to investigate will be made by our Director of Legal, alongside the Executive Director of Quality and Impact. The complainant and any relevant legal team will be informed of the outcome.
Unreasonable complainant behaviour
Where a complaint is unreasonable, persistent or malicious, we will notify the complainant that this is our belief and explain whey. We will not respond further to these complaints to enable the complainant to seek other sources of assistance. This is to protect our colleagues and to avoid engaging in difficult conversations that cannot lead to resolution.
Examples of this may include:
- Being abusive,
threatening
Threatening is when someone says they are going to do something bad to you or others.
or acting in a manner intended to intimidate colleagues - Refusing to accept certain issues are outside the scope of Mencap, our charitable objectives or our complaints policy
- Submitting repeat complaints after our complaint process has been completed
- Making excessive demands on the time and resources of colleagues, such as lengthy phone calls, details correspondence every few days, and expecting immediate responses.
- Making a complaint that is discriminatory about a person or group of people.
The decision as to whether a complaint is unreasonable, persistent or malicious is made by the Executive Director of Quality and Impact, who must be notified by the investigating manager of their concern that this may be the case. If the complaint relates to our Quality Directorate, another Executive Director will make this decision.
If a complainant is unhappy with our decision, we will encourage them to contact the relevant Ombudsman.
Privacy and data protection
Information held about complaints will be held and managed by Mencap in line with the Data Protection Act 2018 and UK-GDPR. We will not share a complainant's name or details with anyone who does not need them. However, in some circumstances, we may need to share your compliant on an anonymous basis with the relevant regulators, local authority and Ombudsman' services.
For more information, pleaser refer to our privacy notes for complainants.
Useful contacts
Ombudsman contact details
Local Government and Social Care Ombudsman (England)
Telephone: 0300 061 0614
Website: https://www.lgo.org.uk
A complainant must escalate their complaint within 12 months of the event/incident or when the complainant first became aware of the issue.
Public Services Ombudsman for Wales
Telephone: 0300 790 0203
Website: https://www.ombudsman.wales
A complainant must escalate their complaint within 12 months of the event/incident or when the complainant first became aware of the issue.
Northern Ireland Public Services Ombudsman
Telephone: 02890 233 821
Website: www.nispo.org.uk
A complainant must escalate their complaint within 6 months of when the complainant first became aware of the issue.
Regulator contact details
Regulators do not investigate complaints, however, may accept feedback as context to their regulation of services.
Care Quality Commission
Telephone: 03000 616 161
Website: https://www.cqc.org.uk/contact-us
Care Inspectorate Wales
Telephone: 0300 790 0126
Website: https://www.careinspectorate.wales/contact-us
Regulation and Quality Improvement Authority
Telephone: 028 9536 1111
Website: https://www.rqia.org.uk/contact/complaints-feedback
Ofsted
Telephone: 0300 123 1231
Website: https://contact.ofsted.gov.uk/contact-form
Belfast Health and Social Care Trust - Early Years Team
Telephone: 028 950 42811
Website: http://www.belfasttrust.hscni.net/contact
The Fundraising Regulator
Telephone: 0300 999 3407
Website: https://www.fundraisingregulator.org.uk/complaints
Information Commissioner's Office
Telephone: 0303 123 1113
Website: https://www.ico.org.uk/make-a-complaint
Education
Education is when you learn things. When you fill in a form to get a job, education means you write where you went to school, college or university.
and Skills Funding Agency
Telephone: 0800 015 0600
Website: https://www.gov.uk/government/organisations/education-and-skills-funding-agency