Complaints Policy

1. Introduction

A feedback/complaints process is an important component in providing quality support that is responsive to people’s needs and allows for continual improvement in service delivery. The purpose of this policy is to provide a mechanism to obtain feedback, to resolve deficiencies in the provision of services and respond to complaints regarding the agency, its services and supports. Feedback and complaints may originate from persons with a developmental disability, people acting on their behalf, and the general public.

The feedback/complaints policy sets out the steps required to improve administrative practices to better support persons with a developmental disability.

This policy complements Ontario Regulation 299/10 regarding quality assurance measures, made under the authority of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 and its regulations.

2. Scope

This policy provides a procedure wherein Reena can receive complaints or feedback for improvements in service. It applies to all full-time and part-time staff, students, volunteers and External Service Providers (non-Reena persons, municipalities or agencies and their personnel and/or staff delivering services to or on behalf of Reena).

Reena is committed to the policies and procedures under the Accessibility for Ontarians with

Disabilities Act, 2005. Refer to Reena’s policy AODA Accessibility Standards for Customer Service Act.

3. Definitions

Feedback may be positive or negative and relate to the quality or delivery of services and/or supports, policies and procedures provided by Reena.

Feedback may be solicited through formal instruments (such as satisfaction surveys or comment boxes) or unsolicited (such as letters, emails or verbal complaints) from a person or family member, about the services and supports that Reena provides).

Complaint may be defined as an expression of dissatisfaction, concern or frustration about Reena services and/or supports, policies or procedures, or the conduct of another person. It may include reactions to publicity in the media. Examples of complaints include, but are not limited to, perceived:

• Failure to do something agreed upon
• Failure to observe policies
• Unacceptable delay
• Staff error
• Discourteous actions or statements by staff or volunteers
• Inappropriate or in sufficient procedures

A complaint may be made by a person with a developmental disability who is receiving services and supports from Reena, a person acting on their behalf, or by the general public.

A complaint may take the form of a verbal or written complaint.

4. Receiving and Responding to Feedback/Complaints

Information about Reena’s process for receiving and responding to feedback/complaints will be made available to the public through Reena Newsletters, in Supervisors’ and Managers’ offices, or posted:

• On Reena’s website
• At Reception at the Toby and Henry Battle Developmental Centre
• At the Reena Community Residence on the Lebovic Campus
• At the Promenade Offices

Where appropriate, Reena will ensure that a complaint/feedback and follow-up is reported to the:

• Police (i.e., as in the case of alleged, suspected or witnessed abuse that may constitute a criminal offence, as required by Ontario Regulation 299/10 regarding quality assurance measures made under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008); and/or the
• Ministry of Community and Social Services as a serious occurrence through the ministry’s serious occurrence reporting process (based on the nature of the complaint/feedback).

Reena encourages feedback/complaints using any of the following methods:

By Telephone

• Supervisor or Manager (905) 889.6484
• COO (905) 889.6484 x2227
• President and CEO (905) 889.6484 x2222

In Writing
Attention: Manager
The Toby and Henry Battle Developmental Centre
927 Clark Avenue West
Thornhill, ON L4J 8G6

Attention: Chair of the Board of Reena
The Toby and Henry Battle Developmental Centre
927 Clark Avenue West
Thornhill, ON L4J 8G6

By Email: info@reena.org

In Person
Make an appointment with the Resource Supervisor/Program Manager and follow the steps as outlined in Section 9.

5. Declining Complaints

Reena may decline to deal with a complaint if the complaint is:

• Unrelated to Reena, its services and supports
• Frivolous
• Vexatious or malicious
• Not made in good faith
• Lacking in substance
• Lacking in currency
• Anonymous
• Declined by the Executive Director

6. Roles and Responsibilities

The Executive Director/CEO are responsible for:

• Providing leadership and demonstrated commitment to complaint resolution;
• Ensuring there is an effective, timely, impartial, and just process for addressing complaints; and
• Making final decisions relating to complaints.

The CQI (Continuous Quality Improvement) Committee:

• Receives a summary from Management Council of feedback/complaints on an annual basis (based on the calendar year), with trends, planning and problem solving noted; and the chair of the CQI reports to the Board if any further follow-up is required.

Managers and Supervisors are responsible for:

• Exercising primary responsibility for receiving and resolving complaints and any conflict in their areas in a timely and fair way;
• Advising people of their right to make a complaint where appropriate; and
• Providing advice and assistance to people who have a complaint.

Complainants are responsible for:

• Providing a clear and honest account of their concerns and their expectations for the outcome of their complaint, including providing all relevant information and documents to assist in the investigation and/or resolution of the matter;
• Engaging openly in the complaint handling process, including participating in discussion with other parties to resolve the concerns;
• Responding to requests for information in a timely manner; and
• Respecting those individuals involved in the complaint handling process.

Respondents are responsible for:

• Providing a clear and honest account of their concerns and their expectations for the outcome of the complaint, including providing all relevant information and documents to assist in the investigation and/or resolution of the matter;
• Engaging openly in the complaint handling process, including participating in discussion with other parties to resolve the concerns;
• Responding to requests by Reena for information in a timely manner; and
• Respecting those individuals involved in the complaint handling process.

7. Complaint Handling Principles

Access

This Policy and its procedures should be easily accessible, simple to understand and well-publicized to ensure familiarity with the process and ease of implementation. All staff and volunteers should understand how to receive and pass on complaints. Complaints will be handled in a timely manner, taking into account the complexity and seriousness of the issues raised. All parties should be supported in trying to quickly resolve complaints at lowest appropriate level, to reduce the potential for escalation of concerns.

Procedural Fairness

All parties will be afforded natural justice and procedural fairness in the handling of complaints, including:

• No service disruption for a person Reena supports who offers feedback or makes a complaint;
• Responding to all feedback/complaints in a timely manner;
• Ensuring that all parties to a complaint know what to expect during the complaint handling process;
• Carrying out the complaint handling process in a transparent manner;
• Providing all parties with equal opportunity to participate in the process;
• Treating all parties in a respectful manner; and
• Providing reasons for decisions made.

Equity

Actions and decisions in relation to complaints will be made having the utmost regard for the persons involved. Reena will make every attempt to investigate concerns raised with it regardless of the manner in which they are expressed. A complainant will not be disadvantaged (at the time or thereafter) through lodging a complaint in good faith, regardless of the outcome. Complainants and respondents may be assisted by a support person, which may be a member of the person’s family, a friend, care giver or other person (not being an attorney or other legally trained person acting in the capacity of legal counsel.

Confidentiality and Recording

The privacy and confidentiality of parties will be respected to the extent practicable and possible, and in accordance with relevant legislated requirements. . Accurate records will be kept by each staff member dealing with the complaint, including recording of reasons for all significant decisions, and will be stored in a locked and secure location.

Resolution

Where it is within Reena’s responsibility, fair and reasonable remedies will be offered as appropriate. Reena is committed to learning from the complaint process and using this knowledge to improve service quality. Preventative and corrective action will be taken to eliminate the causes of complaints and to improve the quality of the Reena’s policies and operating environment.

Monitoring

A review of complaints, monitoring of outcomes and actions taken to improve service delivery, workplace environment, policies and staff training are reported to the CQI committee. Due to confidentiality concerns, no names or disciplinary actions will be reported to the CQI committee.

Authority

Individuals involved in handling complaints will have the necessary authority and management support to carry out the process, and will have (where specific skills are required, such as mediation) access to appropriate training and resources to fulfil their role.

Conflict of Interest

Individuals involved in the handling, investigating or adjudicating of a complaint, must recuse themselves from such a role where they have a conflict of interest, either actual, potential, or perceived.

8. Receipt of Feedback/Complaints

All feedback/complaints received will be immediately referred to the person involved, the manager and the Executive Director (see Complaint Steps). A record will be maintained by the Manager and includes:

• Time and date feedback/complaint was received
• Description of feedback/complaint
• Nature of the feedback/complaint
• Any outcomes or action taken/follow up

Receipt of the feedback/complaint is acknowledged within seven working days by the same medium as the complaint ( e.g. letter, email, telephone, etc.), indicating the actions to be taken (if any). Anonymous complaints are referred to the manager and the Executive Director.

9. Complaint Steps

Once a complaint from individuals with a developmental disability, persons acting on their behalf, and/or the general public is received by the Human Resources department, it will identify what level of management will address the complaint. The following four-step process will be followed:

First Step:

• The person involved in the complaint should attempt to resolve it, with input from his or her resource supervisor, and, if necessary, the resource manager.
• If the complainant asks to be referred to the manager, the person should immediately comply.
• If the complaint concerns the conduct of a staff person, student or volunteer, or if it cannot be resolved, staff should immediately refer it to the manager and inform the complainant of the manager’s name and contact information.
• If the complaint is made directly to the manager, the person involved shall be notified.

Second Step:

• Management reviews the complaint, and may attempt to resolve it immediately with the involvement of the staff person, student or volunteer. The resolution will be recorded in the log and the parties notified as appropriate.
• If further investigation is required, the manager, with the involvement of the Executive
• Director, records the complaint and contact details, investigates the complaint to determine its validity and proposes a resolution (see Investigations below).
• The manager may request that a verbal complaint of a serious or complex nature be put in writing and signed by the complainant, or witnessed.
• For all verbal and written complaints requiring investigation, the manager indicates to the complainant when they will be contacted with a resolution or update.

Third Step:

• If not resolved to the complainant’s satisfaction, at the manager’s discretion or at the complainant’s request, the complaint is referred to the Executive Director.
• The Executive Director reviews the complaint, and may attempt to resolve it immediately.
• If further investigation is required, the Executive Director records the complaint and contact details, investigates the complaint to determine its validity, and proposes a resolution (see Investigations below).
• The Executive Director may request that a verbal complaint of a serious or complex nature be put in writing and signed by the complainant, or witnessed.
• For all verbal and written complaints requiring investigation, the Executive Director indicates to the complainant when s/he will be contacted with a resolution or update.

Fourth Step:

• If not resolved to the complainant’s satisfaction, at the Executive Director’s discretion or at the complainant’s request, it is referred to the President and CEO.
• The President and CEO review the complaint, and may attempt to resolve it immediately.
• If further investigation is required, the President and CEO records the complaint and contact details, investigates the complaint to determine its validity and proposes a resolution (see Investigations below).
• For all verbal and written complaints requiring investigation, the President and CEO indicates to the complainant when he or she will be contacted with a resolution or update.
• Where a complainant is dissatisfied at the end of the fourth stage, they are advised of the opportunity for external review by contacting the :
• Chair of the Reena Board; and/or
• Ministry of Community and Social Services or the Ministry of Children and Youth Services.

If the complaint involves abuse towards a supported individual, please refer to Reena’s abuse policy QAM 299-10 Section 24-7.

10. Investigations

Investigations may be conducted during the second and third step. If investigations are warranted, an Investigation Team will be convened. The task of the Investigation Team is to gather information and documentation, which may include, but is not limited to, reports, photos, and progress notes. The Team will plan and conduct interviews, document the interviews, gather relevant materials and summarize their findings. The Team will report to the Executive Director, and the respective Resource Manager and Supervisor or designates. At each stage of escalation, it should be determined whether the previous investigation has been adequate. The investigation may include:

• Discussion(s) with the complainant to clarify the complaint, confirm common understanding, clarify outcome sought and explain complaint procedures;
• discussion with staff involved (with union representative, if applicable);
• review of background information such as policies and procedures, previous written communications and other documentation; and
• obtain and review other expert opinions or perspectives.

Investigative Team Guiding Principles

Consistency: The established process is the same for all investigations.

Objectivity:
The team is comprised of persons who do not directly supervise the respondent or support the person with a developmental disability connected with the complaint.

Timeliness:
The investigation should begin no later than three working days from the time the complaint was received by the Resource Supervisor or Manager and conclude as soon as possible.

Timelines for an investigation of this nature will follow those of Reena’s Abuse Policy QAM 299-10 Section 24-7.

11. Notice of Decision and Resolution

The entire investigative process should be in compliance with privacy and confidentially guidelines – those of Reena, as well as those set out in legislation.

• If investigation determines that the reasons for the complaint are not justified, and no further action is required, the complainant and respondent are notified.
• If investigation determines that the complaint is justified, the complainant and respondent will receive a response in keeping with privacy and confidentially guidelines
• Summary documents will go to the Executive Director for filing
• CQI will receive information that does not violate any privacy or confidentiality guidelines
• Reena has discretion to suspend or not suspend with or without pay

12. Updating

In order to promote continuous quality improvement, Reena will annually conduct a review and analysis of the complaints and feedback process to evaluate the effectiveness of its policies and procedures. It will also analyze the nature of the complaints and feedback to consider gaps and/or systemic trends.

Reena further commits to sharing information about its complaints/feedback process, and/or about complaints/feedback, as part of the Ministry’s risk assessment process, upon request by the Ministry.