The Reference Group of the Panel of Appointment Advisers

The Reference Group of the Panel of Appointment Advisers

Complaints Policy & Procedure (Panel of Appointment Advisers)

INFORMATION READER BOX
Document Purpose / Best Practice Policy and Procedure
Document Title / Complaints Policy & Procedure
Author / Tony Kyriakides on behalf of the Reference Group
Publication Date / 01/03/16
Review Date / 01/03/17
Target Reader / NHS employers; applicants/candidates for NHS healthcare chaplaincy appointments; co-ordinator of the Panel of Appointment Advisers; appointment advisers
Circulation / UKBHC website
Description / The document provides a comprehensive policy and procedure in the event of a complaint being made about an appointment adviser or the co-ordinator of the Panel of Appointment Advisers, and which arises from the recruitment process for an NHS healthcare chaplaincy appointment
Cross Reference / NHS Chaplaincy Guidelines 2015: Promoting Excellence in Pastoral, Spiritual & Religious Care; Letter to CEOs regarding the new arrangements for chaplaincy appointments: 12 December 2011
Contact Details / Chair of the Reference Group (NHS Healthcare Chaplaincy Panel of Appointment Advisers)
c/o Churches Together in England
27 Tavistock Square
London WC1H 9HH
AN EXPLANATION OF TERMS USED IN THE DOCUMENT
Panel of Appointment Advisers / A Panel of Health Care Chaplaincy Appointment Advisers drawn from experienced healthcare chaplains serving in England.
Reference Group / The Reference Group of five Senior and experienced Chaplains which oversees the work of the Panel.
Appointment Adviser / Appointment Advisers are healthcare chaplains who have recruitment training and are appointed to the Panel for six years. They are recommended to NHS Trusts who seek assistance in the complex process of appointing chaplains.
Co-ordinator / The Co-ordinator services the work of the Panel.
Complainant / A person who expresses dissatisfaction and is affected by about an act, omission, recommendation, advice or decision by the Co-ordinator or an Appointment Adviser.
Case Officer / A Case Officer is a suitably qualified person who is asked by the Chair of the Reference Group to conduct an investigation into the complaint.
Complaints Regulations (2009) / These Regulations make provision for complaints made on or after 1st April 2009 in relation to local authority social services and the National Health Service

Contents

Contents 3

1 Introduction 4

2 Aims 4

3 Definition of a complaint or concern 5

4 Scope 5

5 Who can make a complaint 5

6 Complaints that cannot be dealt with under this policy 5

7 How to complain 6

8 Timescales for making a complaint 6

9 The complaint process 6

10 Confidentiality 8

11 Consent 8

12 Appeal Procedure 8

13 Record Keeping 8

14 Monitoring and Reporting 9

15 Distribution 9

16 Quality Assurance 9

17 Equality Impact Assessment 9

Appendix 1 10

1 Introduction

This document relates to the Panel of Appointment Advisers. It outlines the management, response and opportunities for learning arising out of complaints.

The Reference Group overseeing the Panel of Appointment Advisers will treat complaints seriously and ensure that complaints, concerns and issues raised by recruitment managers, applicants, potential applicants and short-listed candidates are properly investigated in an unbiased, non-judgmental, transparent, timely and appropriate manner. The outcome of any investigation, along with any resulting actions will be explained to the complainant by the investigating officer.

The key issues taken into consideration when formulating this policy are that a complainant needs to:

·  Know how to complain;

·  Feel confident that their complaint will be dealt with seriously and sensitively.

·  Understand that their concerns will be investigated and they will be informed of the findings of that investigation.

·  Trust that the Reference Group will learn from complaints, feedback and praise and apply those lessons whilst also learning from and sharing best practice.

2 Aims

The Reference Group is committed to high quality recruitment of healthcare chaplains as a core principal of its vision and purpose. This includes the opportunity to seek advice, raise concerns or make a complaint, about the Panel of Appointment Advisers, the policies and procedures it has developed and implemented, the Co-ordinator and any individual member of the Panel of Appointment Advisers.

The Reference Group is committed to ensuring that the complaint process is fair to all parties i.e. both complainants and those against whom the complaint has been made. When dealing with complaints it aims to adhere to best practice which includes:

·  Openness and Transparency - well publicised, accessible information and processes, understood by all those involved in a complaint.

·  Evidence-based complainant-led investigations and responses. This will include providing a consistent approach to the management and investigation of complaints.

·  Logical, rational and proportionate in its approach.

·  Sympathetically respond to complaints and concerns in appropriate time frames.

·  Provide opportunities for people to offer feedback on the quality of service provided.

·  Provide complainants with support and guidance throughout the complaints process.

·  Provide a level of detail appropriate to the seriousness of the complaint.

·  Identify the causes of complaints and to take action to prevent recurrences.

·  Effective and implemented learning as a driver for change and improvement.

·  Ensure that the care of complainants is not adversely affected as a result of making a complaint.

·  Act as a key tool in ensuring the good reputation of healthcare chaplaincy.

·  Confidentiality – that information about the complaint will be disclosed only to those who have a demonstrable need to access it.

In summary, the complainant has the right to:

·  Have their complaint acknowledged and properly investigated.

·  Know how their complaint is to be handled and know the period in which the complaint response is likely to be sent.

·  Be kept informed of the progress and will be advised of the outcome including an explanation of the conclusions and confirmation that any necessary action has been completed.

·  Take a complaint about data protection breaches to the independent Information Commissioners Office (ICO) if not satisfied with the way the Reference Group has dealt with this.

3 Definition of a complaint or concern

A complaint or concern is an expression of dissatisfaction about an act, omission, recommendation, advice or decision by the co-ordinator or any member of the Panel of Appointment Advisers, either verbal or written, and whether justified or not, which requires a response and/or redress.

4 Scope

This policy applies to the handling of complaints or concerns relating to any and every aspect of the Panel of Appointment Advisers in the recruitment process.

5 Who can make a complaint?

A complaint may be made by the person affected by an act, omission, recommendation, advice or decision by the co-ordinator or any member of the Panel of Appointment Advisers. This does not preclude the Reference Group investigating any act, omission or decision by the co-ordinator or any member of the Panel of Appointment Advisers which it considers unprofessional.

6 Complaints that cannot be dealt with under this policy

The following complaints will not be dealt with under this policy:

·  A complaint, the subject matter of which has previously been investigated.

·  A complaint which is made orally and resolved to the complainant’s satisfaction no later than the next working day.

·  A complaint arising out of an NHS body’s alleged failure to comply with a request for information under the Freedom of Information Act 2000. .

·  A complainant has stated in writing intent to take legal proceedings in relation to the substance of the complaint where it will prejudice the proceedings.

7 How to complain

If a complainant has concerns relating to any aspect of the recruitment process in which the Panel of Appointment Advisers was involved, then the first step is, where appropriate, for complaints and concerns to be resolved on the spot with the appropriate person i.e. the Appointment Adviser or the Co-ordinator. This is called by NHS England ‘informal complaint resolution’ and is in line with the recommendations of the Complaints Regulations (2009).

If it is not appropriate to raise a concern informally or where informal resolution fails to achieve a satisfactory outcome, the complainant has the right to raise a formal complaint with the Reference Group. A complaint or concern can be received by mail, electronically or by telephone.

Information regarding how to complain is available on the UKBHC website.

Additionally, any member of the Reference Group or the Co-ordinator of the Panel of Appointment Advisers (if not the subject of the complaint) can explain the process to a complainant during a telephone or email conversation. Please note - all contacts will be documented and, where contact is by phone, a written summary of the phone conversation will be sent to the complainant.

By telephone: 07929 775 228

By email:

By post: Chair of the Reference Group (NHS Healthcare Chaplaincy Panel of Appointment Advisers), c/o Churches Together in England, 27 Tavistock Square, London WC1H 9HH

8 Timescales for making a complaint

Complaints can be made two months from the date on which the matter that is the subject of the complaint came to the notice of the complainant.

If there are good reasons for not having made the complaint within the above timeframe and, if it is still possible to investigate the complaint effectively and fairly, the Reference Group may decide to still consider the complaint.

9 The complaint process

All complaints will be acknowledged no later than three working days after the day the complaint is received (the acknowledgement will be made either by telephone, email or letter) and an offer will be made, as appropriate, to discuss with the complainant the following:

·  An action plan for handling the complaint.

·  Timescales for responding.

·  The complainants’ expectations and desired outcome.

The complainant can expect that:

·  They will be kept up to date with the progress of their complaint.

·  Their complaint will be fully investigated by a Case Officer, appointed by the Chair of the Reference Group and, where appropriate, they will receive an explanation based on facts.

·  They will receive a response of a high standard with assurance that action has been taken to prevent a recurrence.

·  To be informed of any learning and changes to process arising from the complaint.

·  They will receive an acknowledgement of responsibility, where appropriate and requested.

A response to a complainant will be, wherever possible, by their preferred method of communication (email correspondence will only be responded to by email when the complainant has expressly requested this as their method of communication and security measures will be implemented in line with office policy to protect personal information sent via email).

On receipt of the investigation report a response to the complaint will be prepared and the case officer will include information on the next stages of the complaints’ procedure should the complainant wish to take matters further.

A complaint will be investigated only as it pertains specifically to the work of an Appointment Adviser or the Co-ordinator. In all other instances, and if it is possible, the complainant will be directed to the appropriate body e.g. an NHS Trust.

As soon as it is reasonably possible after completing the investigation, and within the timescale agreed with the complainant, the Chair of the Reference Group will send a formal response in writing to the complainant.

The response will include:

·  An explanation of how the complaint has been considered.

·  An apology if appropriate.

·  An explanation based on facts.

·  Whether the complaint in full or in part is upheld.

·  The conclusions reached in relation to the complaint including any remedial action that the organisation considers to be appropriate.

·  Confirmation that the Reference Group is satisfied any action has been or will be completed.

·  Where possible, it will respond to people about any lessons learnt.

A key concern will be to make arrangements flexible; treating each case according to its individual nature with a focus on satisfactory outcomes, organisational learning and how those lessons should lead to service improvement.

The Reference Group is committed to quality responses of a high standard and as such, it will be carrying out regular reviews of complaints handling including internal quality.

If at any time during the complaint process the complainant decides they would like to withdraw the complaint this request can be made either in verbally or in writing. The withdrawal of a complaint will be acknowledged in writing.

10 Confidentiality

Complaints will be handled in the strictest of confidence. Care will be taken that information should only be disclosed to those who have a demonstrable need to have access to it. Issues and key themes, arising from the complaint, may be used for the training of Appointment Advisers with the consent of the complainant and appointment adviser involved.

11 Consent

Information will not be disclosed to third parties unless the complainant or appropriate authorised party who has provided the information has given consent to the disclosure of that information.

12 Appeal Procedure

Where, for example:

·  A complainant is not satisfied with the result of the investigation undertaken by the Reference Group.

·  The complainant is not happy with the response from the Reference Group and does not feel that their concerns have been resolved.

·  The Reference Group has decided not to investigate a complaint on the grounds that it was not made within the required time limit.

The complainant may decide to approach NHS England as the commissioning body of the Reference Group.

When informed that a complainant has approached NHS England, the Reference Group will cooperate fully with NHS England and provide all information that has been requested in relation with the complaint investigation.

13 Record Keeping

Keeping clear and accurate records of complaints is important and these should be retained for a period of ten years on a secure database.

14 Monitoring and Reporting

The Reference Group will demonstrate how it uses feedback to learn and improve. An annual report will be produced in October for the Reference Group Executive, which will detail:

·  Numbers of complaints received.