Complaints, Disputes & Inappropriate Behaviour: Dealing with demanding family members.

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Complaints, Disputes & Inappropriate Behaviour: Dealing with demanding family members

Transcript of Complaints, Disputes & Inappropriate Behaviour: Dealing with demanding family members.

Complaints, Disputes & Inappropriate Behaviour: Dealing with demanding family

members

What we do• Challenging CQC inspections & enforcement• Negotiations with local authorities and CQC• Fees recovery• Safeguarding• Mental capacity and court of protection• Contracts & policies• Employment law• Business sales and acquisitions

Complaints, Disputes & Inappropriate Behaviour

Dealing with demanding family members

As service providers your job is to care for people when they or their families are unable to.

How many of you have had to deal with a difficult relative?

• Staff morale• Efficiency• Productivity• Best interests• Risk to your business reputation

The effects of those problems:

• You must have systems in place to deal with comments and complaints– Regulation 19 of the Health & Social Care

Act 2008 (Regulated Activities) Regulations 2010

Complaints

• Provide people with information about the complaints system

• Ensure complaints are listened to and investigated by competent staff

• Keep a record of the steps taken and decisions made• Resolve the complaint and give honest explanations

Outcome 17 of the Essential Standards of Quality and Safety

The impact on you, your business and your staff

• Time consuming

• Abusive

• Distracting

• Demoralising

Case Study

Liz has 2 sons and a large extended family!

…and an ex-husband!!

They regularly go out together…

Accusations of abuse against the ex-husband…

Is Elizabeth mentally capable?

•Does she have an impairment of or disturbance in the functioning of her mind or brain and if so

•Is that impairment or disturbance sufficient that she lacks the capacity to make particular decision?

Can she make her own decisions?

•Can she understand the information relevant to the decision?•Can she remember that information long enough to be able to make the decision?•Is she able to weigh up the information that is relevant to the decision?•Is she able to communicate her decision?

If she is capable, it is her decision to make

•The Mental Capacity Act gives us a framework to ensure that people continue to make decisions about their own lives as much as possible

If she is capable….

•It is her decision if she instructs a solicitor and which solicitor she instructs

•It is her decision if she makes a Lasting Power of Attorney (“LPA”)

•If she is capable and doesn’t want to make an LPA she is free to decide not to

If she is incapable of making an LPA

•Someone can apply to the Court of Protection to be appointed Deputy•If there is no one willing, able or appropriate among her close friends or family the Court will appoint a professional Deputy•An application could be made to the Court for the appointment of a Health & Welfare Deputy

Case Study

•One son accuses you of not listening to him•He is loud and abusive

Action Points

•A letter from a Solicitor might put the vexatious complainant straight.•If their comments become malicious contact us for advice.•A letter can be sent under the Defamation Protocol.•Discuss the situation with your CQC Inspector - they may be able to support you in telling the relative how things need to operate in the future.

Comments and Reviews

•Watch out for comments or reviews •NHS Choices website

•Moderation Rules

•Liability for Defamation

•Feedback through Social Media

• Care and health records are confidential documents and cannot be disclosed without consent

• The duty of confidentiality remains after death

• The Access to Health Records Act 1990

Confidentiality

• Listen• Investigate• Keep a record• Give honest explanations• Don’t get drawn into email exchanges• Ask for the complaint to be put in writing• Discuss it with your client• Assess your client’s capacity• Support your client to make their own decisions

Top Tips

• Free consultation• Discounted rates for RCPA members• Mental Capacity Act training• Employment advice packages• Free review of employment and service user

contracts• Free e-bulletins for employment and social care

law updates

We can help

QUESTIONSQUESTIONS

For a free consultation to discuss any of the issues raised, please contact:

Anne Minihane

Social Care Team0117 9308455

[email protected]

Thank you for listening!