Introduction

This leaflet tells you how we will deal with the complaint that has been raised with us now that we have decided it meets our criteria as a complaint that requires formal investigation.

It tells how you can support our investigation and the important role you play in giving us information.

We hope you find this useful but if any of this is not clear to you, please discuss with the inspector who is investigating the complaint.

Our investigation

We aim to establish all the relevant facts and give complainants and those complained against a full, objective, and proportionate response that represents our final position.

It is important that we gather all relevant information about the complaint from the complainant and the complained against. Therefore, it is important that you give our investigating inspector all relevant information and any documents that have a bearing on the areas of the complaint.

Please tell the investigating inspector if you think you have relevant information that they have not asked for.

Where it’s appropriate, we will interview staff members and observe practice within the service. We will need a private space somewhere in the service to speak confidentially with relevant staff and we will ask the service to make this available. We will try to minimise any disruption to the service, but we do recognise that there will be some disruption of the normal day.

We aim to complete our investigation within forty working days. If this timescale needs to be extended, we will tell you why and give you an expected completion date.

Outcomes of investigations

When we have completed our investigation, we will speak to the complainant and the complained against. We will tell them our findings and the conclusion that we have reached. This is an important part of the process as it allows both parties to tell us about any issues, they feel we have not taken account of in reaching our conclusions.

We will then send a report to both the complainant and the complained against giving our findings and stating whether or not the complaint has been upheld.

There are two possible outcomes for a complaint investigation.

Upheld

We say we have upheld a complaint where we have investigated and found evidence to substantiate the allegations made. We may also uphold a complaint when we believe that on the balance of probability the issues raised in the complaint are valid. Where we have upheld a complaint, we may identify action for the service to take. We will also tell the person who has made the complaint about any requirements or areas for improvement we have made of the care service they have complained about.

Not upheld

We say we have not upheld a complaint where we have investigated and found there is a lack of evidence to validate the complaint.

Post investigation review

Once we have sent our complaint report to the complainant and the complained against, each party has ten working days from the date we sent the report to ask for a post investigation review if they have concerns about the outcome. We will not consider a request for review if we receive it after this period of ten working days has expired.

If you believe we have made a mistake in our findings or that we have come to the wrong conclusion, you can ask for a post investigation review by completing the relevant form.

You can ask for a post investigation review if you consider that:

  • we made our decision based on important evidence that was inaccurate and you can show this using readily available information
  • you have new and relevant information that was not previously available about the complaint we investigated, and which affects the decision we made

If you ask for a post investigation review, we will let the other party know we have received a request.

Outcome of the review

Once the ten working days are up, we will consider any request for a review.

We will decide whether to:

  • investigate further
  • update the report to reflect comments received
  • update or change the outcomes of the complaint
  • not make any changes to the outcomes.

We will write to you to explain the outcome of the review and the decision we have reached. If the complaint outcomes have changed, we will issue an amended complaint report and if no changes are made, we will confirm the report you received as final. Both the complainant and complained against will receive this information regardless of who has requested the review. 

Once we have concluded our review and informed you of our final position, no further appeal or review is possible.

We aim to do this within 20 working days of the final date for submission of a post investigation review request.

Once the review has taken place, we will reach our final position and you cannot appeal the complaint outcome.

Once all the relevant steps in the processes described above are completed, and if we decide the service needs to improve, it will have to give us an action plan within fifteen working days, which details how they will improve outcomes for the people who use their service.

We may also regrade a service following a complaint. Where a complaint has been upheld, we will post a summary of the complaint and any requirements or area for improvement that we have made on our website alongside the service’s other information. You can search for individual services by clicking on the Find care tab at the top of our homepage at careinspectorate.com