1 Policy Statement
1.1 All participants need to be supported to grow, develop skills and to participate in their social, school and community life. For children in care arrangements, carers often provide the majority of that support, which should be strengths-based, modelled on positive behaviours and which should incorporate appropriate discipline within a safe and caring relationship.
1.2 A participant’s behaviour may be developmentally appropriate and seen in children of a similar age. Other times, the behaviour may be impacted by factors such as trauma, disability, mental health, drugs and alcohol, or the environmental context.
1.3 When supporting participants who engage in at-risk or challenging behaviour, it is important to understand why they need to engage in the behaviour. Effective strategies can then be developed to reduce this need. Without effective strategies, the child or young person is at risk of being supported in ways that are restrictive, or result in their exclusion from everyday activities.
1.4 It is a requirement of the NDIS Safeguard Commission that all providers registered after June 2018 have sufficient measures to ensure that all complaints are addressed appropriately by providers and that participants are empowered to voice their concerns in a way which is confidential, fair and protected. This document seeks to give effect to this, and meet the obligations of providers under this framework.
1.5 The safe care and connection of Aboriginal and Torres Strait Islander children with family, community, culture and country will be a key consideration when undertaking positive behaviour support with Aboriginal or Torres Strait Islander children and families.
1.6 Child Safety is committed to respecting, protecting and promoting human rights. Under the Human Rights Act 2019, Child Safety has an obligation to act and make decisions in a way that is compatible with human rights and when making a decision, to give proper consideration to human rights.
2. Principles
- The safety, wellbeing and best interests of the child, both throughout childhood and the rest of the child’s life are paramount
- WCHS staff will act and make decisions in a way that is compatible with human rights and obligations under the Human Rights Act 2019
- Participants, including those with disabilities have the same right to be supported in a way that is in their best interests
- Participants will be supported in a way that takes into account their age, developmental level and cultural needs
- Carers have a legal duty of care to take positive steps to protect participants when there is foreseeable harm
- Participant’s have the right to protection from strategies that may constitute abuse, torture or inhumane and degrading treatment and high risk practices when supporting them to develop positive behaviours
- The five elements of the child placement principle (prevention, partnership, placement, participation and connection) under section 5C of the Act, apply to processes, decisions and actions taken for an Aboriginal or Torres Strait Islander child.
3. Policy Objectives
3.1 This policy aims to ensure that participants:
- are supported to build and develop skills to maintain relationships and develop positive behaviours
- are supported in environments that meet their needs and reduce the need for the child or young person to use challenging or at-risk behaviour
- have access to appropriate specialist supports to assist with supporting their behaviour when they present with more complex or high risk behaviours
- keep themselves and others safe with trauma-informed strategies.
4. Scope
4.1 This policy refers to:
- Children and young people subject to a care agreement, an assessment order, or an order granting custody or guardianship to the chief executive under the Act, including a temporary custody or transition order, and who are placed in a care arrangement under section 82 (1) of the Act, and
- This document extends to all participants, whether they are engaged with, or considering to engage with WCHS. This document will be updated from time to time in line with prevailing guidelines which are published by the NDIS Safeguard Commission.
- This document is designed to assist people with disability, their families, friends, carers, advocates, workers and the public, information about to make a complaint in line with the expectations of the NDIS Safeguard Commission.
6. What is a Complaint
6.1 Broadly speaking, a complaint is an expression of dissatisfaction with a support or service, including how a previous complaint was handled, for which a response or resolution is explicitly or implicitly expected.
6.2 People can make a complaint to the NDIS Commission, either directly or via WCHS about an issue arising out of, or in connection with our provision of supports or services. A complaint can be made about any NDIS provider and/or its workers, whether or not the provider is registered with the NDIS Commission. Although complaints should generally be raised directly with an NDIS provider in the first instance, people do not have to raise a complaint with a provider before approaching the NDIS Commission for help.
6.3 The NDIS Commission deals with complaints such as:
- Whether services or supports have been provided in a safe and respectful way;
- Whether services and supports have been delivered to an appropriate standard;
- How an NDIS provider has dealt with a complaint about services or supports provided to an NDIS participant; and
- How an NDIS provider has dealt with an advocate or carer of an NDIS participant
7. Complaint Management Principles
7.1 The principles which WCHS aspires to maintain in relation to complaint management, align with those of the NDIS Safeguard Commission.
- Centred on participants: We are in the business of helping people with barriers and empowering them in all our actions.
- Outcome focussed: We seek to ensure that all complaints which are made in relation to WCHS, or other providers seek to have an outcome for the parties involved.
- Simple and Transparent: We seek to create clear pathways by which to make a complaint, as well as a process which is clear to the parties.
- Accountability: We take accountability for the delivery of our services and actions and demonstrate the highest level of responsibility for the outcomes of our actions.
- Continual improvement: We see any concerns raised as an opportunity to continuously improve the way in which we engage with participants and provide services which meet their needs.
8.How can a complaint be made?
8.1 A complaint can be made to WCHS directly by:
- Post: Unit 3 47-51 Boundary St Granville 2142 NSW
- Phone: 1800 212 450, in the event that the complaint needs to be made to the attention of a more senior officer, please call this number and request to speak with the Managing Director.
- Email: Info@wchs.com
9. Complaints Process
9.1 To make a complaint in relation to the services of WCHS or another provider, via WCHS the following process should be followed:
10. Acknowledgement
10.1 As a part of your complaint you will receive an acknowledgement within 24 hours of making the complaint. This acknowledgement will advise you of the window of time in which your complaint can be expected to be:
- Considered;
- Provided to the relevant parties; and
- If possible resolved.
10.2 Action Updates
10.2.1 WCHS will endeavour to provide with updates as to the progress of the complaint as we either address the concern internally, or in liaison with external agencies receive updates as to information. WCHS is an advocate for the transparent and timely processes and will endeavour to ensure that processes are addressed appropriately to whatever reasonable extent we are able.
10.2.2 These process updates will be made in liaison with the complainant and will be in a form that is appropriate and accessible to their individual needs.
10.3 Outcomes
10.3.1 Outcomes of complaints will be communicated to parties based on the most appropriate means by which this can be provided to the parties. This will be done so in liaison with the parties to the complaint to ensure the outcome is accessible to them.
10.3.2 As much information as possible will be provided as an outcome to the complainant in the interests of transparency, however information may be withheld to protect the confidentiality or privilege of parties.
10.4 Protections for Complainants
10.4.1 The identify and confidentiality of complainants will be protected wherever possible in the interests of ensuring procedural fairness and encouraging a culture in which complaints are made without fear of retaliation.
10.4.2 All complaints which are made to WCHS , whether they are in relation to our organisation or another provider will be assessed and accompanied by a risk assessment which makes a determination as to the impact to continued service delivery. This will be done in consultation with the parties to the complaint.
10.5 Continuous Improvement
10.5.1 Following resolution of a complaint, WCHS will engage in quarterly complaint review sessions facilitated by the complaints officer, internally and if appropriate in consultation with complainants and consider the following:
- What was the complaint about? What service, policy or procedure did it call into question?
- What was the experience for the person who made the complaint, or for any affected participant? Were the issues resolved for them?
- What information did the complaint provide that will allow us to identify and improve those services, policies and procedures and our organisation as a whole?
- How effectively did we communicate with the person who made the complaint, any affected participants, affected staff and other stakeholders?
- Do people using our services, their families, carers and friends require more or improved information about their rights and the complaints process? Does the person who made the complaint feel more comfortable about speaking up in the future?
- Does anything need to change in our complaints handling system or approach to dealing with complaints?
- Do staff require further training?
- Did the handling of the complaint reflect our stated values and expectations for complaint handling? Or, was the complaint perceived as something negative that needed to be dealt with as quickly as possible?
10.6 Children and Young People Assistance Pathways
10.6.1 To assist children and young people with making any concerns or complaints known, WCHS will ensure to provide the following assistance:
- During induction and onboarding processes children and young people, their families, guardians and any other relevant stakeholders will be provided with a copy of this policy and have the document explained to them to ensure that they fully understand their rights and ability to make complaints to the relevant agency
- Participants will be encouraged to advise support workers, or WCHS directly in the event that they would like to make a complaint and will be provided assistance to make the complaint in a way which fully expresses their concerns
- WCHS will partner with an advocacy body whose details will be provided to all participants, and this advocacy body will be available to support participants in making their concerns known and feeling supported through this process.
10.7 Appealing Complaint Outcomes
10.7.1 In the event that a participant does not agree with an outcome with respect to any decision made by WCHS, they are entitled to request a review by the organisation on the following bases:
- There has been some error in the way in which information has been interpreted; or
- There has been a perceived conflict of interest through the involvement of any individual in the investigation process who has had material involvement in the complaint that could reasonably considered to have affected their objectivity; or
- There has been some breach in procedural fairness which undermines the outcome of the complaint; or
- The outcome is considered to be excessively harsh or unfair in the circumstances.
11. Record Keeping
11.1 As a registered NDIS provider we must keep and maintain appropriate records of all complaints received. This will include, where appropriate:
- Information about the complaint;
- Any action taken to remediate or resolve complaints, and 7 National Disability Insurance Scheme (Complaints Management and Resolution) Rules 2018, s 10(1). NDIS Quality and Safeguards Commission 12; and
- The outcome of any action taken.
11.2 Records will be kept for 7 years from the date the record was made.
12. Mandatory Reporting Obligations
12.1 WCHS is obligated to report incidents which are of the following nature to the relevant agency:
- The death of a participant;
- Serious injury of a participant;
- Abuse or neglect of a participant;
- Unlawful sexual or physical contact with, or assault of, a participant;
- Sexual misconduct committed against, or in the presence of, a participant, including grooming of the participant for sexual activity; and
- The unauthorised use of a restrictive practice in relation to a participant.
