The Care Inspectorate is changing how it investigates complaints about care services in Scotland. This presentation describes these changes and reinforces why an apology is so important when things go wrong.
2. The Care Inspectorate is the official body responsible for
inspecting and supporting improvement social care and social
work in Scotland
Everyone is entitled to safe, high quality, compassionate
care that meets their needs.
3. We also carry out strategic scrutiny
• joint inspections of strategic planning in partnerships
• lead joint inspections of services for children
• thematic review of adult support and protection
• thematic review of self directed support
• scrutiny of community justice
• review of adverse events in social work
4. Investigating complaints
about the care quality
The Care Inspectorate must
establish a procedure by which a
person, or someone acting on a
person’s behalf, may make
complaints about a registered care
service.
• the procedure must be available
to people whether or not the
registered service has a
complaints procedure.
• the Care Inspectorate must keep
the procedure under review and
must vary it whenever, after
consultation, it considers it
appropriate to do so.
The Public Services Reform
(Scotland) Act 2010, Section 79
5. Number of complaints
In 2016/17, we
received 4,277
complaints about care
services.
Over the last three
years, we received an
average of 356
complaints per month.
6. Complaints by service type
6.1
9.2
15.3
19.7
47.9
Housing support
Childminding
Support service
Day care of children
Care homes
8. What do people complain about?
Summary area of complaint
number
upheld %
General health and welfare 432 23.2%
Specific healthcare concerns 313 16.8%
Concerns about staff or staffing 298 16.0%
Communication 252 13.5%
Policies and procedures 112 6.0%
Choice 101 5.4%
10. A new complaints process from November 2017
Risk assessment
Noted as intelligence
Frontline resolution
Passed to provider to
investigate
Complaint
updated – final
A complaint is received
Investigation
undertaken and
investigation report
is completed
Post investigation
response for
complaint and
complained about
Written
feedback
11. Options for complaint handling
Note the information for a planned inspection
Frontline resolution – resolve the complaint
without the need for an investigation
Service investigation – we ask the care service to
investigate and report back to us
Investigation – by the Care Inspectorate
Risk to people experiencing care determines how
quickly this starts
12. Risk assessment
• Are there protection
issues?
• History of the service
• Nature of the complaint
and risk to poor outcomes
• Likelihood of it happening
more than once or to other
people
• Service’s capacity to
improve
13. Assessing the seriousness of a complaint
High Serious complaints about failings in care that
have led to, or are highly likely to, result in poor
health and wellbeing outcomes for an
individual or individuals i.e. illness or injury
Medium Organisational issues that have the potential to
present a risk to people experiencing care, e.g.
staffing levels, recruitment or training,
environmental issues, missed and late visits
Low Complaints that do not relate to the provision
of care and/or lack sufficient detail to identify
or assess risk
14. Care Inspectorate response
High Inspector investigates and reports to both the
complainant and the provider
Medium Provider to resolve or investigate to resolve the
issue. The provider shares the outcome with
the lead inspector for the service.
Low The complaints team share the information
with the lead inspector for the care service and
any other relevant agencies.
15. Complaint investigation methodology
Maintain and update the record of complaint (ROC)
Feedback for complainant and complained about
Agree elements for
the investigation
Write report and sent to both parties. This details:
• elements investigated
• evidence to uphold
• evidence not to uphold
• conclusions and action to be taken
Post investigation
review
Visit the service
unannounced
Interview people and
review records
Report finalised and on
website
18. The principles of good complaint handling
User-focused: puts the complainant at the heart of the process.
Accessible: appropriately and clearly communicated, easily
understood and available to all.
Simple and timely: as few steps as necessary within an agreed
and transparent timeframe.
Thorough, proportionate and consistent: provides quality
outcomes in all complaints through robust but proportionate
investigation and the use of clear quality standards.
Objective, impartial and fair: objective, evidence-based and
driven by the facts and established circumstances, not
assumptions, and this should be clearly demonstrated.
19. A good complaints
procedure will:
Seek early resolution:
it aims to resolve
complaints at the earliest
opportunity, to the person’s
satisfaction wherever
possible and appropriate.
Deliver improvement:
it is driven by the search for
improvement, using
analysis of outcomes to
support service delivery
and drive service quality
improvements.
20. Research tells us…
People want service to acknowledge their experience and
make things better
Many services still see complaints as negative
Services that have a robust complaint culture of listening
to people and responding are learning organisations
Most complaints come to the Care Inspectorate where
people are not satisfied with response or previous issues
raised with services
People are hesitant to make complaints
21.
22. An apology is more likely to resolve a
complaint early than any other action
you might take.
An apology may be the only practical
way of restoring trust and repairing a
broken relationship with a person.
If you investigate a complaints and find
there has been a problem, make an
apology.
24. Supporting complaint handling in care
Care services must have robust complaint
handling procedures – staff confidence
Value complaints as feedback and
opportunities for improvement
We will publish complaint handling
training / development / processes for
services, in conjunction with SPSO
Possible complaint development days.
Editor's Notes
The most complaints are in care homes and this has not changed. In some other services we do not get a lot of complaints for example looked after children but what we know is looked after children have a right in advocacy and people use this and through talking with Who Cares and our Young Volunteers people in care use this and complaints are resolved at service level. So people feel listened to and their complaints are resolved. In some sectors we still see complaints as a black mark and not a learning experience so people do not acknowledge and take action. If people in these sectors had good complaint handling complaints to us would reduce. Most if not all complainants have been to the service.
Most complaints come from friends or relatives by a large margin. Most people are concerned for their loved one or friend. Next is employee or ex employee and while we acknowledge that an ex employee can be so for a reason this does not mean they do not have a legitimate complaint. In our processes we look at this fairly.
General Health and welfare is top with the main one being around skin care in older people services. Also under this section is care planning for health and welfare being poor. This year we will be publishing an improvement tool called My Plan which will support good personal care planning in care homes for older people. There are lots of established tools for adults with disabilities but very little for older people. We hope this builds capacity in the sector and reduces complaints. Communication is another area we get a lot of complaints around and this really concerns people when they are leaving their loved ones in the services care. Having good communication systems is crucial in care and we will be looking to develop a tool to support this.
How we take forward complaints we receive the complaint risk assess which determines action whether we note for intelligence, frontline or provider resolution or investigation by the care inspectorate. We have introduced post investigation review for people who do not agree with outcomes which has been in place since November. We have fair decision making processes and we must be able to review all information and explain decision making and if we get this wrong we need to admit this, apologise and rectify this.
It is in the providers or services interest to deal with complaints on own as this then evidences a service with capacity to improve means we do not investigate and no complaint on the public web. Where we send a complaint to the provider and they do not investigate or they tell us do not agree we will then investigate this complaint. Examples of front line resolution we phone service tell them for example carer not arrived service takes immediate action to remedy. Provider resolution asks the provider to investigate and to inform the caseholding inspection of action they took and outcome.
Risk assessment is really important to making decision around action we take and ensures we target resources to those situations were people are more at risk.
These are the levels in the risk assessment that relates to the complaint but then we consider history of the service and capacity to improve.
This is the action we would take depending on the risk.
These are seen as the principles of a good complaint handling procedure and what we should use to set up or review an existing procedure. This is taken from Scottish Public Service Ombudsman
Not everything needs an investigation and but we ask people resolve to the complainants satisfaction we should never be hesitant to say sorry or to learn from complaints. One service calls their procedure ‘gift for improvement’ and this is a good way to look at learning from complaints. We should never be defensive things happen and if we can acknowledge this and take action to resolve the issue but take the learning to ensure this does not happen again this is evidence of a learning organisation.
We should never underestimate the power of an apology and we should make these to people even in the initial stage a partial apology ‘I am sorry this has been your experience ‘ before you look into the issue. Acknowledge from the start the persons experience and concern. This stops people escalating and taking to the regulator or other bodies. Research has shown that people people want an acknowledgement and it not to happen again. In Scottish Law people cannot use apology as evidence of wrong doing and take to court as some people are afraid of. It is about being service user focussed and a learning organisation.
This year the care inspectorate will be developing improvement tools to support complaint handling in services and will be holding development days around the country.