A spring clean for the complaints scheme

“Can we just talk about this, please?”

By Keryn Curtis

The erstwhile Aged Care Complaints Investigation Scheme has had a major makeover.  The approach has changed, the unfriendly ‘investigation’ word has disappeared, there’s a clever new interactive website and from today, 1 September 2011, it debuts as the new ‘Aged Care Complaints Scheme’.

The new scheme marks a departure from the breach-based investigative approach toward one of resolution: resolving the concern for the complainant, protecting the safety and well-being of the care recipient and working with the provider wherever possible in reaching the most positive result.

The new Scheme arises from the recommendations of the Review of the Aged Care Complaints Scheme (called the Walton Review after its author, Associate Professor Merrilyn Walton), released by the Government in April 2010.  The Walton review made a range of recommendations aimed at improving the operation, timeliness and transparency of the previous Scheme. 

The key recommendations of the Walton Review included incorporating a broader range of alternative resolution processes into the Scheme – such as mediation and conciliation – to support the early resolution of complaints, without investigation, and using a risk assessment framework to assess and prioritise complaints.

The Department of Health and Ageing (DoHA) says the name change is important because it provides a clearer indication that concerns can be resolved in a range of ways, and not just by investigation. 

A change of emphasis
A spokeswoman for DoHA said the emphasis for the scheme had shifted from a ‘breach /no breach’ fault-finding approach, to a more flexible, collaborative, resolution-focused approach.

“The emphasis has shifted to resolving complaints and resolving them as quickly and as closely with the provider as possible.”  

She described the new approach as moving from a single tool, the investigation, which relied on the finding of a breach, to a ‘multipronged’ approach that offered a range of different tools to reach resolution of a complaint.

“Now it’s about resolving the problem. The aim is to have the right tools available to deal with a range of complaints across a wide spectrum. There was a strong focus in the review on a natural justice approach and we wanted to embed that in the process.  

“So, when a complainant comes to us with a complaint, we will direct them to the provider as a first step. We would be encouraging them to speak to the approved provider about their concerns and we might help them to do that. For instance we might make some phone calls on their behalf and explain to them their rights as a complainant and also the provider’s responsibilities.”

The spokeswoman said that approved providers had expressed a strong desire through the consultation process to be able to handle resolution directly between themselves and their clients.

“They can do it more efficiently and smoothly than when you bring in a third party.  With a third party the process becomes much more complex,” she said.

The spokeswoman agreed there would be some increased emphasis under the new system for approved providers to have good internal complaints management systems.

“Providers are currently required to have an in-house complaints management scheme so providers should already have that in place.  But given the increased focus for us on encouraging the complainant to resolve their complaint directly with the provider, I think there will be an increased emphasis, if you will, on having well developed in-house complaints management mechanisms and skills.”

Improvements
DoHA’s spokeswoman said there were other elements of the new scheme designed to assist approved providers.  One of these, she said, was an improved level of transparency and communication, with the new scheme keeping both the approved provider and the complainant informed throughout the resolution process.

“We will be seeking feedback through the process and before we finalise a decision, we will be talking to both the parties to let them know where [the matter] is going before it is brought to conclusion.  As a complaint process is evolving, […] it is important to take any new information back to both parties and say, this what we’ve got and is there anything further you want to say? To make sure everything is on the table.”

She added that appeal rights are always available.

 “Under the new arrangement there’s an option to apply for an appeal if any party is not satisfied with the result of the process and they can ask for a new resolution process to be established.  And there is still the right to straight to the Aged Care Commissioner.  Or you can have an internal review of a complaint and still go to the Aged Care Commissioner,” she said. 

Another development that will be welcomed by providers is the provision of feedback about the complaints scheme so providers can transparently see the processes and guidelines used by the Department in dealing with different kinds of complaints and finding resolutions.

“They will be short publications published on the website that talk about things like the patterns of complaints and resolutions and provide some useful insights about how to avoid or handle particular situations.”

The road ahead
DoHA’s spokeswoman said the Department did not expect any major concerns for providers with transition to the new scheme.

“The review considered a range of different models and approaches and we did a lot of road-testing of the proposed framework with the industry and got quite good feedback and we incorporated a lot of it in order to improve the framework. Providers were very positive so we are not expecting concern from industry,” she said.

“There is nothing that approved providers will have to do today that they didn’t have to do yesterday. It’s more about how the Scheme’s complaints officers go about doing their work.

“It will take time. We have been training our staff to get them up to speed but it won’t be instantaneous. But providers should see an increased number of complaints being referred to them for resolution.” 

“Now we are engaging with industry to get the message out there. We’re going out and educating the industry and also consumers.  And we’ll be seeking feedback as we go through too, to monitor problems as they occur and deal with any concerns as they arise.  We are encouraging people to contact us and let us know as soon as they can if they encounter any problems or have any questions. The number is 1800 550 552,” the spokeswoman said.

“We would like approved providers to engage strongly and be supportive of the notion of local resolution.  And we will be supporting them to do that.”

Information available:

Resources for approved providers and consumers will be available in September  to view, download and order from the scheme’s interactive website. People who subscribe to the Aged Care Complaints Scheme website will receive an email alert when the new publications are available. The Scheme will also be sending a kit of new materials to stakeholders, consumer groups and aged care services. 

New publications include: 

• Brochure – ‘I have a concern’ 
• Booklet – ‘I have a concern’ 
• A2 poster – ‘Do you have a concern?’ 
• A3 poster – ‘Do you have a concern?’ 
• Service Charter – ‘Our Service Commitment’ 
• Fact Sheet – ‘Options for resolving concerns about aged care’ 
• Fact sheet – ‘What outcomes can the Aged Care Complaints Scheme achieve?’ 
• Fact sheet – ‘What is a Direction of the Aged Care Complaints Scheme?’ 
• Fact sheet – ‘Your review rights’ 
• Fact sheet – ‘How aged care advocacy can help you’ 
• Fact sheet – ‘Aged care quality and complaints’ 
• Fact sheet – ‘The new Complaints Scheme’ 
• Aged Care Complaints Scheme Strategic Plan

The posters and brochure will also be available in other languages including Arabic, Chinese, Croatian, Dutch, German, Greek, Hungarian, Italian, Macedonian, Maltese, Polish, Russian, Serbian, Spanish, Tagalog, Turkish and Vietnamese. 

Complaint resolution toolkit for aged care providers 
The toolkit will draw together resources and links to support the aged care industry in effective complaints handling. The toolkit will be available soon through the website: http://agedcarecomplaints.govspace.gov.au

The toolkit will provide links to: 

• Aged Care Complaints Scheme resources 
• Resources to assist with effective complaints handling (these will provide relevant and practical information about implementing good complaints handling) 
• Reports 
• Legislation 
• Other resources and websites

Over the coming months, the toolkit will also feature: 

• Aged Care Complaints Guidelines 
• Industry feedback alerts and reports 
• Case studies on complaints handling 
• Tips for raising consumer awareness

The Complaints Principles 2011 can be viewed at:  http://www.comlaw.gov.au/Details/F2011L01691