Internal Complaints Systems

1
Internal Complaints Systems

• Brendan ONeill
• Office of the Ombudsman

2
Summary

• The Ombudsman and the Disability Act
• Why do people complain?
• Why have a complaints system?
• What is a complaint?
• Essential qualities of a good complaints system
• Redress

3
The Ombudsman and the Disability Act

• Section 40
• the Ombudsman Act 1980 shall apply to a
  determination of an inquiry officer or a decision
  of a complaints officer in relation to a sectoral
  plan
• Under Section 39 an Inquiry Officers functions
  include investigating complaints made under
  section 38 and making determinations.
• An inquiry officer shall be independent in the
  performance of his or her functions
• Complaints procedures for alleged non-compliance
  with the provisions of a sectoral plan are
  contained in the individual sectoral plans.

4
The Ombudsman and the Disability Act

• Under Section 26, the role of an Access Officer
  is
• to provide or arrange for and co-ordinate the
  provision of assistance and guidance to persons
  with disabilities in accessing its services
• Where a complaints procedure exists, then that
  procedure is an integral part of the services
  being provided
• Access Officers should be fully familiar with the
  Bodys general complaints procedures as well as
  the procedures for making complaints under
  Section 38 of the Disability Act and should be
  able to provide or arrange for and co-ordinate
  the provision of assistance and guidance to
  persons wishing to avail of such procedures

5
Disability Act Complaints Procedures

• Section 39
• may authorise such and so many Inquiry
  Officers as are considerd appropriate
• shall draw up procedures in relation to the
  making and investigation of complaints and such
  other matters relating to complaints as are
  considerd appropriate and shall cause the
  procedures to be published.
• An inquiry officer shall be independent in the
  performance of his or her functions.
• Following the receipt of a complaint it shall be
  refer to an inquiry officer.
• When a complaint is referred to an inquiry
  officer he or she shall investigate the complaint
  and prepare a written report and furnish a copy
  to the head of the public body and to the person
  who made the complaint.
• The report shall set out the findings of the
  inquiry officer together with a determination as
  whether there has been a failure by the public
  body to comply with a provision referred to in
  section 38, and in case the determination is that
  there has been such a failure, the steps required
  to be taken to comply with the provision
  concerned.

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Why do people complain?

• Poor communication between the Body, its staff
  and the public
• No reply
• Delays
• Information may not be clearly and widely
  publicised
• People want to be taken seriously
• People expect quality service

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Why have a complaints system?

• A system is better for the public
• Know how to complain and how their complaint will
  be handled
• A system is better for staff
• Confident about what to do when they get a
  complaint
• A system is fairer
• A system can help improve services
• A system (can be!) quick and efficient

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What is a complaint?

• an expression of dissatisfaction about the
  Bodys action or lack of action or about the
  standard of service
• A complaint may not describe itself as a
  complaint
• Some people may need help to complain

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Preparations

• Consultation
• Commitment
• Resources
• Training
• Clear Objectives

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Essential Qualities of a good (ideal?) Complaints
System

• Well publicised
• Easy to use
• Helpful receptive
• Not adversarial
• Fair and objective
• Clear procedures
• Quick, thorough rigorous
• Decisive
• Confidential, if possible

• Consistent
• Comprehensive
• Sensitive
• Adequately resourced
• Fully supported by Body
• Regularly analysed patterns of complaint
  lessons
• No adverse treatment if you complain
• Regular progress updates

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Redress

• If complaint is justified put the person in the
  position they would have been in had the action
  not happened
• Apology and perhaps other action?
• Change of procedure for the future?
• Financial compensation?
• Where there are specific losses
• Time and trouble
• Exceptional worry, distress or inconvenience
• Who can grant the remedy? Delegation?