GRIEVANCE PROCEDURE POLICY

Guiding principles
Service users have the right to complain about any part of the service.

Clear, accessible and consistent mechanisms for dealing with conflict and complaints are a key part of the service's commitment to the needs and rights of service users and to good service provision.

Clear procedures are also an essential ingredient in a service that recognises the importance of resolving conflict quickly, openly and effectively.

Policy
A grievance is defined as a problem between service users or between a service user and a worker. A grievance might also involve a problem with the way the service operates.

MOSS Personal Support Program recognises that it is not easy to raise such problems or to deal with conflict. The intention of this policy is to make this process as clear and easy as possible.

Everyone is encouraged to criticise how things are done at MOSS Personal Support Program and to make suggestions about how to improve the service.

We will endeavor to ensure that MOSS Personal Support Program offers a safe environment to discuss and resolve grievances. Service users will be supported in making complaints and there will be no retribution

Complaints will be confidential and no information will be passed on without the permission of the service user.

Extreme circumstances such as physical assault should be reported to a staff member and a report made to the police where appropriate. The agency will strongly encourage a service user who has been assaulted to report the assault to the police. The decision about whether to report the incident will, however, remain with the service user. Any service user who chooses to report an assault to the police will be supported throughout by MOSS Personal Support Program staff. Physical assault to workers or committee members will be reported to the police as a matter of agency policy.

The following procedures detail the steps to be taken when dealing with grievances. In general, if the person with the grievance feels unsafe or threatened by any one step, they can take the grievance through to the next stage of the process.

Procedures

Complaints about the service
Suggestions about how to improve the service and complaints about the way a service has been provided can be made by either:

• talking with the workers and making suggestions to them, or
• taking them to the Committee of Management through a service user representative, a worker, by writing  a  letter  direct to the Committee, or by talking directly with a Committee member. Grievances with other service users

In order to protect the rights of everyone involved, the following steps apply to grievances between service users.

1. The service user with the grievance talks to the person involved
Even though it may not feel comfortable to speak directly to the person the dispute is with, it may enable things to be resolved quickly. The person involved may not be aware that their actions or words have had such an affect. When things have cooled down, discuss the concerns. Talking with another person first to clarify the grievance can assist in making the discussion better planned and more productive. It is important that the discussion is about the issues involved, and does not stray into personal attacks or point-scoring.

If the service user does not wish to speak to the person involved they can go straight to step 2.

2. If talking fails, a mediator is used
If direct discussion does not resolve the grievance, a third person can play a mediating role. Acting as a go-between, the person can encourage the people involved to talk and to look for a solution they are satisfied with. The role of the mediator is to help solve the problem in a way that everyone feels comfortable with. It is not about placing blame on any individual. It is important that both agree on who the mediator is.

3. If mediation is not successful, the grievance is taken to a worker
If the complaint involves MOSS Personal Support Program in some way, for example the actions of a person or group of people stops a service user from coming to the office, then the problem should be discussed with a worker. The worker will speak to the other person or people involved in order to get their side of the story. At all times the worker will act in a way that protects the rights of the person with the grievance and the rights of the other person.

4. If the worker is unable to assist in resolving the grievance, it is taken to the Committee of Management (COM)
Grievances that are still unresolved will be discussed by the Committee of Management. They can be brought to the committee in written form, directed to the Chairperson, or can be placed on the agenda for discussion by a worker or the service user committee member. The names of any people involved will not be used. It is the role of the COM to direct those involved on how to respond to the situation.

Complaints about workers

If a service user has a complaint about a worker, the following steps apply:

1. The service user talks to the worker directly
If the service user does not wish to speak to the worker concerned, step 2 applies.

Service users can seek the support of an advocate if they do not feel comfortable raising their complaint on their own [1] . Where an advocate is involved, the service user is encouraged to express their concerns for themselves and to use the advocate if they are stuck for words.

The worker involved will record the complaint, check with the service user whether it's accurate, and give the service user a copy. This will be done in consultation with the Coordinator. The notes will be dated and the outcome of the conversation recorded.

2. If the service user is not satisfied, a mediator is used
A trusted friend, a worker or a Committee of Management member may act in the mediation role. As with the steps described above, it is important that both people agree on the person chosen. At this point, both the worker and the service user have the right to involve someone as their advocate.

3. If mediation is unsuccessful, a formal complaint can be made to the Coordinator
An unresolved complaint about the behaviour of a worker can be directed to the Coordinator. The Coordinator will investigate the complaint, attempt to resolve it, and provide the service user with a written record of the result of this process. All this will take place within two weeks of the complaint being made.

If the service user is not satisfied with the outcome, the Coordinator will assist them in taking their grievance to the Committee of Management.

4. If unsatisfied, the service user can direct their complaint to the COM
An unresolved complaint about the behaviour of a worker towards a service user can be directed to the Chairperson of the Committee of Management. Similarly, if a service user wishes to complain about the behaviour of the Coordinator they can direct their complaint to the COM. This can be done in writing, by contacting them through a worker or the service user representative on the Committee, or by speaking directly with a Committee member.

The Chairperson will decide if the complaint is to go to a full meeting of the COM or the Executive. At the meeting the person making the complaint will be asked to talk about the complaint, what steps have been taken to solve it, and what has happened since. They can have an advocate present at the meeting. A record of this discussion will be made and a copy provided to the service user.

The worker or the Coordinator will also be asked to give their side of the story to the committee. The COM may suggest other ways to solve the complaint. They can also direct the worker to act in certain ways. The COM has the power to take disciplinary action against a staff member who has not been doing their job the right way.

5. If the grievance is not resolved by the COM, it can be taken outside the service
If the person does not feel that their grievance has been properly addressed, they can contact an outside body. SAAP is the funding body for MOSS Personal Support Program, and can be contacted on 9412 5358. The Equal Opportunity Commission can also be contacted on 9281 7100. The complaint can also be taken to the Support and Accommodation Rights Service by contacting 1800 066 256.

Complaints about COM members

If a service user has a complaint about a member of the COM, the following steps apply:

1. The service user talks to the Committee member directly
If the service user does not wish to speak to the Committee member concerned, step 2 applies.

Service users can seek the support of an advocate if they do not feel comfortable raising their complaint on their own. A worker or the Coordinator can support the service user in this process if the service user chooses [2] . Where an advocate is involved, the service user is encouraged to express their concerns for themselves and to use the advocate if they are stuck for words.

The Committee member involved will record the complaint, check with the service user whether it's accurate, and give the service user a copy. The notes will be dated and the outcome of the conversation recorded.

2. If the service user is not satisfied, a mediator is used
A trusted friend, a worker, the Coordinator or a Committee of Management member may act in the mediation role. As with the steps described above, it is important that both people agree on the person chosen. At this point, both the Committee member and the service user have the right to involve someone as their advocate.

3. If unsatisfied, the service user can direct their complaint to the Chairperson of the COM
An unresolved complaint about the behaviour of a Committee member towards a service user can be directed to the Executive of the Committee of Management. This can be done in writing or by contacting them through a worker or the service user representative on the committee.

The Chairperson will decide if the complaint is to go to a full meeting of the COM or the Executive. At the meeting the person making the complaint will be asked to talk about the complaint, what steps have been taken to solve it, and what has happened since. They can have an advocate present at the meeting. A record of this discussion will be made and a copy provided to the service user.

The Committee member will also be asked to give their side of the story to the committee. The COM may suggest other ways to solve the complaint. They can also direct the Committee member to act in certain ways. The COM has the power to take disciplinary action against a Committee member who has acting an inappropriate way.

If the service user is not satisfied with the outcome, the COM will assist them in taking their grievance outside the agency.

4. If the grievance is not resolved by the COM, it can be taken outside the service
If the person does not feel that their grievance has been properly addressed, they can contact an outside body. SAAP is the funding body for MOSS Personal Support Program, and can be contacted on 9412 5358. The Equal Opportunity Commission can also be contacted on 9281 7100. The complaint can also be taken to the Support and Accommodation Rights Service by contacting 1800 066 256.

Allegations of illegality

If the complaint involves allegations of illegality on the part of a member of staff or a Committee member then the relevant authorities will be notified. This might be the police or the department of Human Services. The person who records the allegation will also inform the Committee of Management.

[1] The Support and Accommodation Rights Service can assist service users with complaints. Free, confidential advice, and assistance is provided by calling 1800 066 256

[2] The Support and Accommodation Rights Service can assist service users with complaints. Free, confidential advice, and assistance is provided by calling 1800 066 256

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