Complaints & Feedback...CUSTOMER CARE DEPARTMENT IWA Customer Care Department 1 0761 CC May 2016 - Version 1 Introduction IWA encourages all people to voice any complaints or feedback

Complaints & FeedbackYour guide to IWA’s Customer Care process

www.iwa.ie

GUIDE

Complaint “A statement that something is unacceptable or unsatisfactory”

Feedback “Information about reactions to a product, a person’s performance of a task, etc. which is used as a basis for improvement”

ref: Oxford Dictionary

CUSTOMER CARE DEPARTMENT

IWA Customer Care Department 1 0761 CC May 2016 - Version 1

IntroductionIWA encourages all people to voice any complaints or feedback they have regarding a service, a staff member, other service users or any other party. All complaints are recorded and are dealt with fairly in a transparent manner and within reasonable time frames in accordance with IWA’s Customer Care Policy. IWA’s Customer Care Department will also provide advice and guidance on completing the process.

Customer Care Department Blackheath Drive Clontarf Dublin 3

Tel: 01 818 6485 Email: [email protected]



This guide contains

�A flow chart to guide you through the complaint and feedback process�Complaint and Feedback Form�IWA’s Customer Care Policy

This flow chart gives you a step-by-step guide to the process you should follow depending on the nature of the complaint.

This policy outlines the procedures IWA follows on receipt of a complaint.

This form is the official IWA complaint form and should be completed by anyone making a complaint. It is available on the IWA website www.iwa.ie /customercare.

IWA Customer Care PolicyCustomer-Friendly Guide through the Process

The purpose of this policy is to outline the procedure for making a complaint. IWA encourages all people to voice any feedback or complaints they have regarding a service, a staff member, a service user or any other party. All complaints are dealt with fairly in a transparent manner and within reasonable time frames in accordance with our Customer Care Policy.

IWA will not ignore any concerns of abuse or harm that may emerge throughout this process. We will consult with the person that we have a concern for and will seek advice from the statutory services. Safeguarding is everyone’s responsibility.

Copies of the Customer Care Policy are available to view and download on the IWA website at: www.iwa.ie/customercare, or on request from a staff member.

The following are the steps that will be taken to resolve your complaint:

1

2

3

Verbal Complaint

Formal Complaint

Acknowledgment

You can make a verbal complaint to any staff member or through our Customer Care Department by phoning 01 818 6485 or emailing [email protected].

You are welcome to make suggestions as to how we can help you resolve your complaint and give feedback. Your verbal complaint will be formally documented.

We will aim to resolve your complaint with you at local level

RESOLVED

Your complaint was resolved and

it is closed

If you require assistance completing the form or writing a letter a local staff member or a member of the Customer

Care staff will be glad to assist you .

NOT RESOLVED

Your complaint was not resolved. You can make a

formal complaint.

Your formal complaint must be put in writing by either using IWA’s COMPLAINT AND FEEDBACK FORM available from www.iwa.ie /customercare or by writing to Customer Care and Information Department, Irish Wheelchair Association, Blackheath Drive, Clontarf, Dublin 3.

Your formal complaint will be acknowledged by letter in fi ve working days by the IWA Customer Care Department; the letter will advise you what will happen next and who will be investigating your complaint.

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IWA Customer Care Policy

May 2016

Complaint and Feedback FormIf you have a comment about any aspect of an Irish Wheelchair Association (IWA) service we would like to hear about it. Please complete this form.

If you wish to speak to someone in person, please call Customer Care on 01 818 6485 or email [email protected]

Ref No: (for offi ce use only)

Name of person giving feedback: Telephone:

Are you? (Please tick ✓)

IWA Member Person Receiving a Service from IWA Family Member Advocate

Volunteer Staff Member (Staff No:........................................) Other (Specify:..................................................................................)

Have you reported your comment to an IWA staff member or volunteer?

No Yes (please enter name, location and date:...............................................................................................................................................................)

Please outline a brief description of your comment:

If you are describing a complaint, please include how you think we could help you resolve the complaint eff ectively.

Completed by: Signature:

Please tick here to give IWA permission to use your positive feedback/testimonial on our website and other publications. Complaints are kept strictly private and only used internally to improve our services.

Please complete and return to: Customer Care Department, Irish Wheelchair Association,Blackheath Drive, Clontarf, Dublin 3, Ireland. Email: [email protected]


Email

Contact Address:

Date of experience leading to Complaint/Feedback

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Flow Chart


Complaint and Feedback Form



Complaint and Feedback Flow Chart


The purpose of this policy is to outline the procedure for making a complaint. IWA encourages all people to voice any feedback or complaints they have regarding a service, a staff member, a service user or any other party. All complaints are dealt with fairly in a transparent manner and within reasonable time frames in accordance with our Customer Care Policy.

IWA will not ignore any concerns of abuse or harm that may emerge throughout this process. We will consult with the person that we have a concern for and will seek advice from the statutory services. Safeguarding is everyone’s responsibility.

Copies of the Customer Care Policy are available to view and download on the IWA website at: www.iwa.ie/customercare, or on request from a staff member.

The following are the steps that will be taken to resolve your complaint:

1

2

3

Verbal Complaint

Formal Complaint

Acknowledgment

You can make a verbal complaint to any staff member or through our Customer Care Department by phoning 01 818 6485 or emailing [email protected].

You are welcome to make suggestions as to how we can help you resolve your complaint and give feedback. Your verbal complaint will be formally documented.

We will aim to resolve your complaint with you at local level

RESOLVED

Your complaint was resolved and

it is closed

If you require assistance completing the form or writing a letter a local staff member or a member of the Customer

Care staff will be glad to assist you .

NOT RESOLVED

Your complaint was not resolved. You can make a

formal complaint.

Your formal complaint must be put in writing by either using IWA’s COMPLAINT AND FEEDBACK FORM available from www.iwa.ie /customercare or by writing to Customer Care and Information Department, Irish Wheelchair Association, Blackheath Drive, Clontarf, Dublin 3.

Your formal complaint will be acknowledged by letter in fi ve working days by the IWA Customer Care Department; the letter will advise you what will happen next and who will be investigating your complaint.

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Complaint and Feedback Flow Chart (cont’d)

4

5

6

Investigation

Conclusion

Appeals Process

This is a formal process to look into your complaint. An Investigation Offi cer will be appointed. As part of this process, meetings will be held separately with you, the respondent and any potential witnesses. Notes will be taken of any meetings and everyone will have an opportunity to ensure they are correct. You will be able to bring a friend, family member or an advocate to support you at the meeting.

The investigation of your complaint should be concluded within 30 days, but sometimes

it may take longer.

If we do not have your complaint addressed within 30 days we will keep you updated

every 20 working days until such time as the investigation is

concluded. We aim to have every

complaint resolved within

If you remain dissatisfi ed that your complaint has not been

resolved you can use the following Appeals Process.The investigation is closed. A report is written and

communicated to you and all parties involved and you are satisfi ed with the outcome.

There are three options open to you for Appeal:

1.1. Option 1: You can appeal in writing to the IWA You can appeal in writing no later than 10 working days following the close of the investigation. Your appeal must be addressed to the IWA Director of the relevant Service or to the IWA Director of Quality and Standards at the Customer Care Department, Irish Wheelchair Association, Blackheath Drive, Clontarf, Dublin 3. Email: [email protected]

1.2. Option 2: You can appeal in writing to HSE Consumer Aff airs Where complaints are made in connection to matters relating to activities or services which are funded by the HSE in whole or in part, you can ask the HSE to review your complaint. All requests for reviews should be addressed to: Offi ce of Head of Consumer Aff airs, Health Service Executive, Oak House, Millennium Park, Naas, Co. Kildare.

1.3. Option 3: You can appeal to the Offi ce of Ombudsman or in the case of a complaint regarding a child the offi ce of the Ombudsman for Children As provided for in the Health Act 2004, if you are not satisfi ed with the IWA complaint outcome, you may register a further complaint with the Ombudsman. Offi ce of the Ombudsman, 18 Lr Leeson Street, Dublin 2 Tel: +353 1 639 5600, Lo-call: 1890 223 030, Fax: 01 639 567 or Ombudsman for Children’s Offi ce, Millennium House, 52-56 Great Strand Street, Dublin 1. Tel: 01 865 6800.

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Complaint and Feedback Form

Complaint and Feedback FormIf you have a comment about any aspect of an Irish Wheelchair Association (IWA) service we would like to hear about it. Please complete this form.

If you wish to speak to someone in person, please call Customer Care on 01 818 6485 or email [email protected]

Ref No: (for offi ce use only)

Name of person giving feedback: Telephone:

Are you? (Please tick ✓)

IWA Member Person Receiving a Service from IWA Family Member Advocate

Volunteer Staff Member (Staff No:........................................) Other (Specify:..................................................................................)

Have you reported your comment to an IWA staff member or volunteer?

No Yes (please enter name, location and date:...............................................................................................................................................................)

Please outline a brief description of your comment:

If you are describing a complaint, please include how you think we could help you resolve the complaint eff ectively.

Completed by: Signature:

Please tick here to give IWA permission to use your positive feedback/testimonial on our website and other publications. Complaints are kept strictly private and only used internally to improve our services.

Please complete and return to: Customer Care Department, Irish Wheelchair Association,Blackheath Drive, Clontarf, Dublin 3, Ireland. Email: [email protected]


Email

Contact Address:

Date of experience leading to Complaint/Feedback

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May 2016




Contents

1. About IWA 4

2. Policy Statement: 7

3. Purpose 7

4. Responsibility/Scope 8

5. Definitions 8

6. How can I make a complaint? 9

7. Who can make a complaint? 9

8. Receipt and Acknowledgment of Complaints 9

9. How will my complaint be processed? 10

10. How long will it take for my complaint to be heard? 10

11. What happens after the Investigation 11

12. Appeal Process 11

13. Anonymous Complaints 12

14. Complaints made in confidence 12

15. Protected Disclosures 13

16. Vexatious or malicious complaints 13

17. IWA Customer Care Policy Comprehensive Version 13

18. Appendices 13



1. About IWA

1.1 Who we are In November 1960 Irish Wheelchair Association (IWA) was founded by eight

wheelchair users who saw the need for an organisation to directly represent the views and respond to the needs of people with disabilities. Since then, IWA has gone on to become an advocate for the needs of people with disabilities or impaired mobility, and an important provider of supports. With a membership of 20,000 nationwide, over 2,000 staff, 2,000 registered volunteers and an annual turnover in excess of €50m, IWA is today one of Ireland’s largest social enterprises and leading provider of quality person-centred services. The Association provides over 2 million hours of service annually to people with disabilities in their homes and communities throughout Ireland.

1.2 Our Vision The achievement of full social, economic and educational inclusion and

integration of people with disabilities as equal, independent and participative members of their communities and society.

1.3 Our Mission Driven and wholly owned by its members, IWA will:

• Support and promote independence, dignity and enhanced quality of life for people with disabilities and others with impaired mobility in Ireland

• Provide a range of superior quality, holistic, person-centred services

• Operate in partnership with individuals, local communities, businesses, and others in society who can support us in achieving our vision

• Operate to the highest professional standards of governance, transparency and accountability

• Be dynamic, innovative and professional

• Continuously strive for excellence in all that we do.

1.4 Core Values

There are a number of core values which underpin every aspect of the way in which IWA operates. We believe people have a right to independence, freedom of choice, self-determination, equal status, respect as individuals, dignity and control over how they live their lives.

1.5 Irish Wheelchair Association Structure

Irish Wheelchair Association is a registered charity and a company limited by guarantee which is governed by a voluntary Board of Directors and managed by our Chief Executive Officer (CEO) and Senior Management Team. The Association’s structure, locations and contact details can be seen at www.iwa.ie

IWA is a not-for-profit company limited by guarantee with charitable status and is wholly owned by its members, who are people disabilities and others with impaired mobility, as well as family members, friends and volunteers.

1.6 IWA National Standards

Irish Wheelchair Association is committed to providing consistent, quality, and person-centred services throughout the country. To achieve this, all staff and volunteers operate to IWA national standards. These standards are based on both legal requirements and good practice, and are underpinned by IWA’s core values of:

ü Independence

ü Consultation

ü Choice

ü Participation

ü Equality

ü Inclusion

ü Dignity

ü Respect

Standards are also underpinned by IWA policies and procedures; which define what the Association does and how we do it. Our Policies and Procedures set out the rules and guidelines for:

Assited Living and Resource and Outreach services are delivered according to their individual Operations manuals.



Treating everyone with dignity and respect as set out in IWA’s Dignity and Respect Policy.

Providing and continuously improving quality person-centred services so people can gain individual benefits that enhance their quality of life. This is outlined in the IWA Quality Policy.

IWA customers and members to give feedback and make complaints to the Association. Further information and forms are readily available through head office or on www.iwa.ie under IWA’s Customer Complaints Policy.

Adult and Child Protection, as IWA endeavours to support the well being and safety of people who avail of IWA services. Steps on how this is supported are outlined in the Association’s Adult and Child Protection Policies.

IWA‘s Policies and Procedures are agreed and approved by the IWA Board, CEO and IWA’s Senior Management. They are updated regularly, in consultation, to meet new legislation and advancements in good practice.

1.7 Irish Wheelchair Association Rights IWA Charter of Rights Irish Wheelchair Association believes in people’s right to independence, freedom

of choice, self-determination, equal status, respect as individuals, dignity, and control about how they live their lives. These rights are embedded in IWA Charter of Rights which outlines what members and customers can expect when availing of IWA services and supports. IWA’s Charter of Rights is guided by a human rights-based approach, European legislation and Irish law. The Charter of Rights is drafted in consultation with IWA members, customers, staff and volunteers.

IWA Customer Service Charter Irish Wheelchair Association has a dedicated Customer Care and Information

Services Department which is based in the Association’s headquarters in Clontarf. The Customer Care and Information Services team acts as a liaison between members, customers and the Association and is available as a resource for IWA members and the general public. IWA is committed to providing a user-friendly, high-quality service to all our customers. The role of IWA’s Customer Care and Information Services is to promote and communicate our members’ rights, and to resolve any issues members may have with the service they have received or



continue to receive. IWA welcomes members’ and customers’ feedback, opinions and recommendations.

2. Policy Statement IWA aims to create an environment where service users feel comfortable and have the

opportunity to provide feedback about services experienced and equally where employees feel confident about taking ownership of this process and supporting service users throughout.

Every complaint is an opportunity to see what we can do from a new perspective and see what we can do better.

IWA, in accordance with Part 9 of the Health Act, 2004 is committed to providing a system for the management of complaints that facilitates effective feedback from and communication to all service users. Responding effectively to complaints received and learning from them is a key aspect to providing a high quality customer focused service. All complaints received will be considered by IWA however, the Health Act 2004 details a number of complaints that are not included under Part 9 of the Health Act. A list of these complaints is available in Appendix 1.

Supports for Persons with a Disability IWA is happy to provide assistance to persons with a disability – physical, sensory

or learning, to exercise their rights under this policy. This policy and supporting documentation can be made available in a variety of alternative formats including Easy to Read, Audio, and Braille. IWA will facilitate people who are unable to read, write or type to make a complaint or provide other feedback by accepting verbal notifications. For further information, please contact IWA’s dedicated Customer Care Department on 01 818 6485 or email [email protected] IWA supports people to avail of the National Advocacy Service for People with Disabilities.

It is policy within IWA that people are supported to avail of Independent Advocates, family members and friends to assist them when making a complaint. The National Advocacy service is a free service operated by the Citizens Information Board which provides independent advocacy services for persons with a disability. The advocate works exclusively for the person with a disability and their role is to ensure that the persons’ rights are safeguarded. For further information on accessing an advocate in your area please contact The National Advocacy Service for People with Disabilities on 0761 07 3000 or email [email protected]





3. Purpose The purpose of this policy is to assist and support service users/customers, members,

external organisations and the general public to make a complaint or give feedback. To support employees/volunteers to recognise when service users/customers, members, external organisations and the general public have reason to make a complaint the process must be adhered to. IWA encourages all people to voice any feedback or complaints they have regarding a service, a staff member, other service users or any other party.

It is the policy of IWA that a systematic, planned and controlled approach will be operated in relation to complaints from all parties unsatisfied with IWA services.

4. Responsibility/Scope This policy and procedure applies to:

• All services and activities that are delivered in IWA through the national services, branch network and IWA-Sport.

• All services and activities that are funded through statutory and non-statutory sources.

• All personnel working on behalf of IWA including all volunteers and paid employees.

• All managers in IWA who are responsible for ensuring that staff are aware of and apply the appropriate guidelines as stated in this policy in relation to handling complaints.

5. Definitions

5.1 Action An action does not represent fair or sound administrative practice if it is:

5.1.1 Taken without proper permission or authority.

5.1.2 Taken for unnecessary reasons.

5.1.3 The result of negligence or carelessness.

5.1.4 Based on incorrect or incomplete information.

5.1.5 Discriminatory. e.g. Biased, Prejudice, Unfair.

5.1.6 Based on bad administrative practice.



5.2 Complaint

(Definition as per the Health Act 2004). ‘Complaint’ means a complaint made under this Part about any action of the Executive or a service provider that—(a) it is claimed, does not accord with fair or sound administrative practice, and adversely affects the person by whom or on whose behalf the complaint is made;

A complaint means any action of IWA that:

5.2.1 It is claimed, does not concur with fair or sound administrative practice, and

5.2.2 Adversely affects the person by whom or on whose behalf the complaint is made.

5.2.3 Anonymous Complaint: Unknown Name or details of person making the complaint.

5.2.4 Confidential Complaint: Name and details of the person given but is private and only known to the person receiving the complaint.

5.2.5 Malicious Complaint: Intent to harm others.

5.2.6 Vexatious Complaint: Intent on causing annoyance, frustration or worry.

5.3 Complaints Officer

For IWA the role of the Complaints Officer specified in the legislation will be carried out by the relevant Area/Regional/Service Manager or their nominee acting in the role of Investigation Officer.

Names and contact details for the IWA Complaints Officers are listed at the end of this document in Appendix 2.

5.4 Compliment

A polite expression of praise or admiration.

5.5 Feedback A verbal or written remark expressing an opinion or a reaction.



6. How can I make a complaint? • Complaints can be made verbally in person or by telephone; in writing by letter, email or

fax; or by completing an IWA ‘Complaint and Feedback Form’ (which can be downloaded from IWA’s website www.iwa.ie/customercare). The form is also available from IWA’s Customer Care Department tel: 01 818 6485

• Complaints may be sent to an IWA staff member, a Service Manager or any of the nominated Complaints Officers listed at Appendix 2.

• You also have the option to make a complaint directly to IWA’s dedicated Customer Care Department by contacting 01 818 6485 or by email at [email protected]

7. Who can make a complaint? Any person who has received or sought services from IWA .

7.1 If a person is entitled to make a complaint but is unable to do so because of age, illness or disability, the complaint may be made on that person’s behalf by:

7.1.1 A close relative or carer of the person (parent, guardian, son, daughter or spouse or is cohabiting with the person).

7.1.2 Any person who legally has the care of the affairs of that person.

7.1.3 Any legal representative of the person.

7.1.4 Any other person with the consent of the person.

If a person who would otherwise have been entitled to make a complaint is deceased, a complaint may be made by a close relative or carer of that person.

8. Receipt and Acknowledgment of Complaints What happens when my Complaint is received by IWA?

• Your complaint will be acknowledged in writing within five working days.

• If your complaint is not resolved locally and moves to the formal complaint process, you will be provided with an update to the current status of your complaint every 20 working days.

• A complaint file will be set up and an investigation will begin. If the original timescale cannot be met, the Complaints Investigation Officer assigned to your case will inform you by sending a letter of explanation about the cause of the delay and a new estimated date for response.



9. How will my complaint be processed?

9.1 You can make a verbal complaint or comment to any IWA Staff member/Volunteer who will record it onto a Complaint and Feedback Form. They will read it back to you to make sure what you said is accurately recorded. It will be dated and signed. You will be sent a copy for your records.

9.2 When you want to make a written complaint or give feedback you can contact the IWA Customer Care Department by phoning 01 818 6485 or emailing: [email protected]. You will be given a Complaint and Feedback Form to record your complaint or feedback or you may send in your complaint/feedback in writing to the Customer Care Department Irish Wheelchair Association, Blackheath Drive, Clontarf, Dublin 3.

9.3 When an IWA staff member/volunteer receives a complaint they will send the completed Complaint and Feedback Form and supporting documentation to their Line Manager/Volunteer Coordinator on the same day.

9.4 An Investigation Officer is appointed to work on the complaint for you.

9.5 All documents are copied to the person investigating the complaint and the Customer Care Department. If you have made a complaint and even if it has been resolved locally, it is sent to the Customer Care Department for recording.

9.6 If it is not resolved to your satisfaction you may seek a review of the decision with the Director of Quality and Standards, by contacting the Customer Care department phone 01 818 645 or by emailing: [email protected]

9.7 The Director of Quality and Standards reviews and agrees what action, if any, needs to be taken with the Director of the service being complained about.

9.8 All complaints are collated and reported to the HSE twice a year.

Please refer to page 3 for flowchart outlining this procedure.



10. How long will it take for my complaint to be heard?

10.1.1 You will be contacted within five working days to acknowledge receipt of your complaint and advised if it will be investigated further.

10.1.2 Where the complaint is being investigated, the Complaints/Investigation Officer must try to investigate and finish the investigation of a complaint within 30 working days of it being acknowledged.

10.1.3 If the investigation cannot be examined and concluded within 30 working days then th e Complaints/Investigation Officer will inform you by sending a letter of explanation about the cause of the delay and a new estimated date for response.

10.1.4 Customer Care will update you and the relevant staff/service member every 20 working days.

10.1.5 IWA will try to conclude the investigation of the complaint within 6 months of the receipt of the complaint.

If this timeframe cannot be met, the Complaints/Investigation Officer will inform you that the investigation is taking longer than six months and will give an explanation why and outline the options open to you.

IWA will support you through the local IWA complaints management process while informing you that you may seek a review of your complaint either by the local HSE office LoCall 1890 424 555 Email: [email protected] or by the Ombudsman, or Ombudsman for Children.

11. What happens after the Investigation Depending on the outcome of the investigation, the Investigation Officer will determine the

appropriate action to be taken and will formally contact you in writing with the outcome and the action taken. The final response will address all aspects of the complaint and will be signed by the Investigation Officer.

If you are not satisfied with the response to a complaint you may contact the Investigation Officer to discuss the matter further.

If you still remain dissatisfied you may appeal the outcome. Details of the appeal process will be included the final response from the Investigation Officer.



12. Appeal Process

If I remain dissatisfied, you have the right to appeal and there are three appeal options.

12.1 Option 1: By writing to the IWA Director of the relevant service or the IWA Director of Quality & Standards.

The appeal must be sent in writing no later than 10 working days following the close of the investigation to the Customer Care Department, Irish Wheelchair Association, Blackheath Drive, Clontarf, Dublin 3. Email: [email protected]

12.2 Option 2: By writing to the HSE. Where complaints are made in relation to matters which fall under the scope of the Health Act 2004 i.e. complaints relating to activities or services which are funded by the HSE in whole or in part access to a Review Process by the HSE will be provided.

All requests for reviews should be addressed to: Office of Head of Consumer Affairs, Health Service Executive, Oak House, Millennium Park, Naas, Co. Kildare. LoCall1890424555 or email [email protected]

12.3 Option 3: (External) By writing to the Office of Ombudsman or Ombudsman for Children As provided for in the Health Act 2004, following the exhaustion of all IWA’s complaint processes of investigation and review, you may register a further complaint with the Ombudsman.

Office of the Ombudsman, 18 Lr. Leeson Street, Dublin 2 Tel: +353-1-639 5600, Lo-call: 1890 223030, Fax: (01) 639 567 Ombudsman for Children’s Office, Millennium House, 52-56 Great Strand Street Dublin 1. Tel: 01-8656800

13. Anonymous Complaints

13.1 IWA will not investigate anonymous complaints against any member of staff but may conduct a service review to ascertain any grounds for the allegations made anonymously.

13.2 In certain circumstances if there is a serious allegation eg. theft, sexual or physical abuse, we will investigate the complaint.

13.3 To register a complaint, a person must provide personal contact details, which will be kept confidential, if requested.



13.4 Anonymous complaints against members of staff will not be entertained due to the possibility that they may be vexatious or malicious in nature.

13.5 Anonymity of a complainant does not enable the principles of natural justice to be upheld.

13.6 All verbal and written anonymous complaints regarding services or events should be brought to the attention of the relevant line manager for a decision as to whether further action is needed.

14. Complaints made in confidence

14.1 IWA can facilitate complaints made in confidence where specifically requested by a person making a complaint. This means that the name and details of the person making the complaint are only known to the person receiving the complaint.

14.2 If the Investigation Officer requires the identification of a person making a complaint to be made known, you will be asked to give your consent.

14.3 If consent is not obtained the investigation cannot proceed. However, the Investigating Officer must be satisfied that the nature of the complaint does not represent a risk to IWA members or staff.

15. Protected Disclosures In exceptional circumstances, IWA employees, volunteers, service users and members

wishing to report concerns may be reluctant to do so for fear of penalisation or other detrimental treatment. Such employees are entitled to legal protection from any form of penalisation and detrimental treatment provided their disclosures are made in accordance with the procedure set out in IWA’s Protected Disclosures Policy.

The Protected Disclosure Act 2014 specifically provides for legal protection for employees only; however the Board of IWA has decided that principals and protections provided for in this legislation should also apply to IWA volunteers, service users and members. Please see Appendix 3 which sets out the process for service users and members to avail of this policy.



16. Vexatious or malicious complaints

16.1 If a complaint is deemed to be vexatious or malicious the investigation, will not take place.

16.2 The person making a complaint will have the option of registering a further complaint with the Office of the Ombudsman.

16.3 The relevant Director of Service and Director of Quality and Standards will review vexatious or malicious complaints to determine if any action should/can be taken by IWA.

17. IWA Customer Care Policy - Full Version

For a more comprehensive version of this policy please visit www.iwa.ie/customerpolicyfull

18. Appendices Appendix 1: Complaints which are not included under Part 9 of the Health Act.

Appendix 2: IWA Complaints Officers

Appendix 3: Protected Disclosures



Appendix 1 - Complaints which are not included under Part 9 of the Health Act

The following matters are excluded from investigation under Part 9 of the Health Act 2004:

1. A matter that is or has been the subject of legal proceedings before a court or tribunal;

2. A matter relating solely to the exercise of clinical judgment.

3. An action taken by the Executive or a service provider solely on the advice of a person exercising clinical judgment.

4. A matter relating to recruitment or appointment.

5. A matter relating to or affecting the terms or conditions of a contract of employment.

6. A matter relating to the Social Welfare Act.

7. A matter that could be the subject of an appeal under section 60 of the Civil Registration Act 2004.

8. A matter that could prejudice an investigation being undertaken by the Garda Síochána.

9. A matter that has been brought before any other complaints procedure established by law e.g. Complaints Process under Part 2 of the Disability Act 2005.

1. Time limits

The Health Act 2004 specifies the following:

1.1 A complaint must be made within 12 months of the date of the action giving rise to the complaint.

1.2 Within 12 months of the complainant becoming aware of the action giving rise to the complaint.

1.3 A Complaints Officer may extend the time limit for making a complaint if in the opinion of the Complaints Officer special circumstances make it appropriate to do so. These special circumstances include but are not exclusive to the following:

1.4 If the complainant is ill or bereaved.

1.4.1 If new relevant, significant and verifiable information relating to the action becomes available to the complainant.

1.4.2 If it is considered in the public interest to investigate the complaint.

1.4.3 If the complaint concerns an issue of such seriousness that it cannot be ignored.



1.4.4 Diminished capacity of the service user at the time of the experience e.g. mental health, critical/long-term illness.

1.4.5 Where extensive support was required to make the complaint and this took longer than 12 months.

1.4.6 A Complaints officer must notify the complainant of decision to extend/not extend time limits within five working days.

1.4.7 The Complaints Officer must give decision of extending/not extending time in writing to the complainant within five working days of making decision.

Appendix 2 - IWA Complaints Officers

Figure 1: Complaints Officers - Assisted Living Services (Homecare) If you wish to make a complaint or provide feedback in relation to an assisted living service (Homecare/Personal Assistant Service) please contact the relevant Complaints Officer for your county.

Marcus Hufsky Area Manager – West & North West (Donegal, Clare, Sligo, Limerick, Tipperary, Galway, Mayo, Leitrim, Longford & Roscommon) Email: [email protected] | Tel: 071 915 5522 | Mobile: 087 767 0646

Fiona McSweeney Regional Manager – South (Cork & Kerry) Email: [email protected] | Tel: 021 435 0282 | Mobile: 087 694 9083

Sinéad Foskin Area Manager (Carlow, Laois, Lucan, Kildare, Offaly, Kilkenny, Waterford, Westmeath & Wexford) Email: [email protected] | Tel: 056 776 2775 | Mobile: 087 693 9375

Sue Cogan Area Manager Eastern Region (Dublin, Monaghan, Louth, Meath & Cavan) Email: [email protected] | Tel: 01 818 6492 | Mobile: 087 7737 371



Figure 2 – Complaints Officers – Community Supports (Resource & Outreach Services including day centres). If you wish to make a complaint or provide feedback in relation to community resource and outreach services , please contact the relevant Complaints Officer for your county;

Mildred Carroll Area Manager – East (Cavan, Dublin, Kildare, Laois, Louth, Meath, Offaly & Wicklow). Email: [email protected] | Tel: 041 984 6614 | Mobile: 087 416 1878

Hugh Farrell Regional Manager - West (Clare, Donegal, Galway, Leitrim, Limerick, Longford, Mayo, Roscommon, Sligo, North Tipperary and Westmeath). Email: [email protected] | Tel: 090 647 1118 | Mobile: 087 204 1701

Liam Saunders Area Manager – South (Carlow, Cork , Kerry, Kilkenny, South Tipperary, Waterford and Wexford) Email: [email protected] | Tel: 061 493 034 | Mobile: 087 693 9375

Figure 3 – Complaints Officers – Holiday & Respite Service If you wish to make a complaint or provide feedback in relation to a Holiday or Respite service, please contact the relevant Complaints Officer for your county;

Jean Coleman Services Manager - Cuisle Holiday Centre Donamon, Co Roscommon Email: [email protected] | Tel: 090 666 2277 | Mobile: 087 985 5090

Karen Cronin Services Manager – Carmel Fallon Holiday & Respite Centre, Blackheath Drive, Clontarf, Dublin 3 Email: [email protected] | Tel: 01 818 6458 | Mobile: 087 268 9445

Eimear Phelan Services Manager – Claddagh Court College Road, Kilkenny Email: [email protected] | Tel: 056 776 2775 | Mobile: 087 256 0469

Appendix 3: Protective Disclosures

The Protected Disclosures Act 2014 specifically provides for legal protection for employees only; however the Board of IWA has decided that the principles and protections provided for in this legislation should also apply to volunteers, service users and members. Volunteers are included



in the policy because Irish employment law regards volunteers as unpaid employees without a contract of employment.

Service users and members are encouraged to invoke the Customer Care Policy in the first instance but they may use this policy if they are concerned that invoking that policy may not provide them with adequate protection. Where a service user or member choses to invoke this policy they should follow the procedures set out below.

1. Where the service user or member wishes to make a disclosure under the Protected Disclosures Policy, the employee should set out the details of the disclosure in writing and submit to the Authorised Person, Irish Wheelchair Association, Head Office, Blackheath Drive, Clontarf, Dublin 3.

1.1 Following receipt of the disclosure the Authorised Person will make initial enquiries to determine whether or not the subject matter of the disclosure falls within the scope of the Act and if so, what form the investigation should take. If the subject matter of the disclosure falls within the scope of a specific policy or procedure, an investigation will be carried out in accordance with the relevant policy, for example IWA’s Elder Abuse Policy, IWA’s Customer Care Policy. (Note: this list is not exhaustive).

1.2 If the matter does not fall within the scope of the Protected Disclosures Policy but may come within the scope of the Dignity & Respect at Work Policy, Grievance Procedure or other policy/procedure, the Authorised Person will advise the service user or member accordingly.

1.3 Where appropriate, the Authorised Person may refer the matter or any part of it to an appropriate scheduled body or professional regulatory body, for example the Health Information and Quality Authority, an Bord Altranais. (Note: this list is not exhaustive) Where the Authorised Person believes that a criminal offence has been committed, he/she may refer the matter to An Garda Siochana. Where appropriate, the Authorised Person should liaise with the relevant National Director before proceeding with a disclosure to a professional regulatory body.

1.4 The Authorised Person may appoint another IWA officer to investigate the subject matter in consultation with the Chief Executive Officer. In some cases, an external third party may be appointed to investigate the matter where the third party has relevant and necessary specialised knowledge of the subject matter.

1.5 If, at any time during an investigation, the Authorised Person believes the disclosure to be false, misleading, frivolous or vexatious, he/she may cease the investigation.

1.6 A service user or member who makes a protected disclosure in good faith is protected from any form of penalisation regardless of the outcome of the investigation. Penalisation includes but is not limited to suspension, dismissal, demotion and unfair treatment. Under the Act, employees are also protected from civil liability. Protection does not apply where a service user or member makes a reckless disclosure which he/she knows to be false or misleading.



1.7 IWA will endeavour to keep the service user or employee who made the disclosure informed of the progress of the investigation and its likely timescale. The service user or member may not be provided with the specific details of the investigation process based on the need for confidentiality or to facilitate a fair and comprehensive investigation. The service user or member will be, as far as possible and subject to any legal constraint, informed of the outcome of the investigation.

1.8 Following the investigation process, the Authorised Officer or other appointed Investigating Officer will submit a written report to the relevant National Director and/or HR Director containing the following information:

• A description of the disclosure and the findings of the investigation

• The effect the disclosure had on IWA, if any

• The means of perpetrating the malpractice or impropriety

• The measures taken to prevent a recurrence

• The action required to strengthen future responses under this policy

• Conclusions and recommendations arising

• Whether or not a report has been made or is required to be made to any third party

• Any other relevant material.

External Disclosures

The aim of this policy is to provide an internal mechanism for reporting, investigating and remedying any wrongdoing in IWA. In most cases, service users or members should not find it necessary to make disclosures externally. In some specified circumstances it may be appropriate to report concerns to an external scheduled body,



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Blackheath Drive Clontarf Dublin 3

Tel: 01 818 6400 Fax: 01 833 3873 Email: [email protected]

www.iwa.ie

Documents

Complaints & Feedback...CUSTOMER CARE DEPARTMENT IWA Customer Care Department 1 0761 CC May 2016 - Version 1 Introduction IWA encourages all people to voice any complaints or feedback