Complaints Procedure

MindMosaic Counselling and Therapy (MindMosaic) is committed to providing high quality therapeutic services for all. We aim to continuously improve services by responding to the voice and views of our clients and others who use the organisation, and `pledge to respond positively to all feedback and complaints. We would always seek to address and resolve any complaints or concerns informally in the first instance. We would encourage complainants to contact the organisation and arrange a meeting with the relevant manager in the first instance, before embarking on a more formal process.

As a member organisation MindMosaic adhere to COSCA’s complaints procedure. This procedure is available from the COSCA website - www.cosca.org.uk or by phoning COSCA on 01786 475140.

Access to MindMosaic Complaints Procedure

The MindMosaic policy can be accessed from MindMosaic offices or via our website. There is a poster visible in the office outlining how to complain. The Policy is also available in other languages and formats on request. Where additional assistance is required, we will offer support to assist you in understanding the policy as well as offering a referral to client advocacy or other suitable services.

Who can complain?

Members of the public, clients or students who are currently seeking, receiving, or have received a service provided by an employee or volunteer can make a complaint against the organisation.

Anonymous complaints will be logged and held for 1 year. They will be presented to the board of trustees for discussion and investigation.

Complaints are accepted from parents or carers or other identified third parties where they have legal responsibility, or the complainant does not have the capacity to make the complaint.

Before making a complaint

  • Where the complaint is against an individual working with MindMosaic the organisation’s internal complaints process must be followed in the first instance.

  • If the complaint is against an individual no longer working for MindMosaic an investigation will be carried out for the learning of MindMosaic and to identify any systemic failures. Wherever possible the complained against is offered the opportunity to represent their own interests. The outcome report to COSCA may still be sent, but the normal sanction report will not be published. COSCA may investigate under the system for dealing with information about members.

  • If the complaint is regarding counselling or counselling services delivered by the organisation: after the internal processes have been followed, the complainant may direct the complaint to COSCA under the COSCA complaints procedure.

  • MindMosaic as an organisational member of COSCA, also require all employees and volunteers to follow The COSCA Statement of Ethics and Code of Practice.

Making a formal complaint

The complaint should be sent in writing, signed, dated and marked ‘private and confidential’ to:

The Chairperson

MindMosaic Board of Trustees,

MindMosaic Counselling & Therapy,

7 Union Street,

Greenock,

PA16 8JH

  • Complaints will be accepted for investigation up to three years following the date of the alleged breach of COSCA’s Statement of Ethics and Code of Practice. Complaints will be accepted outside of this limit if they are deemed to be in the public interest.

  • All complaints will be treated as confidential within the requirements of the law and in the interests of the safety of all parties and members of the public

  • The complainant is required to give permission for confidential information, pertinent to the complaint, to be disclosed by all parties cited in the complaint to those involved in handling the complaint.

  • All possible conflicts of interest should be declared to the Chairperson of the Board of Trustees. Where there is a conflict of interest then a different trustee or manager will be appointed. If it is deemed there is no-one impartial within the Board of Trustees or MindMosaic staff to investigate the complaint, the complaint will be investigated by the Chief Executive of CVS Inverclyde

  • The complaint process may be adjourned or put in recess, with due regard to time restraints and confidentiality at the discretion of the Complaint Panel, with due regard to time. The process will be started at the point at which it was stopped within a reasonable time.

  • A complaint can be discontinued, and all partiers informed if:

    • the complainant fails or refuses to participate at any stage of the complaint procedure without good reason or,

    • the complainant formally withdraws the complaint

The complaint must identify:

  • The member(s) complained against.

  • Outline of the complaint.

  • Specific information about the complaint, including details of alleged breaches of the Code of Practice.

Responding to complaints

The trustee responsible will acknowledge receipt of a complaint by mail or email to the complainant within 14 days and send a copy of it to the staff member(s) complained against if appropriate. The complaint will be examined by an investigating group. The outcome will be delivered to the complainant in writing within 14 days of the trustee meeting. If the complainant remains unsatisfied, they have the right to appeal (stage 2), this directive must be delivered in writing within 4 weeks of the initial decision.

All parties involved in the complaint will be made aware that MindMosaic Counselling and Therapy may seek legal or other specialist advice if appropriate.

If the complaint is found by the panel to be vexatious or malicious, the complaint will be dismissed but logged as evidence against the complainer.

If there is not sufficient corroborating evidence to support the complaint it will not be processed for investigation.

During the complaint process the complainant and the complained against will not come into contact at any time during the investigation. They will attend any required investigation meetings separately and can be accompanied but not represented by a supportive person if they wish.

Formal Complaint – Stage 2

Complaint Panel stage. - The panel will comprise of five impartial trustees who will collect information from all parties concerned. Evidence will be heard separately, and all parties may be supported if required.

Investigations will be completed within 6 weeks where possible, although complex complaints may require longer to be investigated fully. In this instance, we will keep the complainant fully informed. Maximum time for investigation is 14 weeks. In addition, all parties involved in the complaint will be kept informed about what is required of them and about the different stages of the complaint procedure. This procedure can be halted if legal action is underway.

Outcome

A report will be made to COSCA at the conclusion of the complaints process.

COSCA will publish upheld complaints and sanctions against COSCA Individual Members or Member Organisation’s.

Appeals can be only on the grounds that: the member has failed to follow their own procedure, there is new evidence available, the decision was not warranted, or the sanction was disproportionate.

If after the formal complaint – Stage 2 panel decision has been delivered, the complainant remains dissatisfied, they may decide to direct the complaint to COSCA, this must be submitted within one month of the Stage 2 decision. The complaint should be addressed to:

The Chief Executive

COSCA

16 Mellville Terrace

Stirling

FK8 2NE.

On receipt of the complaint, COSCA will verify that the member’s complaints procedure has been followed and the outcome was lawful, reasonable and properly explained”.

Due to the limits of confidentiality, only parties directly involved in the complaint will be informed in writing of the outcome of the complaint procedure within the timeframes previously discussed, and the reason for the decision. If the complaint is upheld, then sanctions will be implemented under the MindMosaic disciplinary procedure.

Sanctions will be effective, proportionate, and dissuasive to ensure compliance with the COSCA Statement of Ethics and Code of Practice. All sanctions would be communicated to the member of staff complained against by their line manager, who would also be responsible for monitoring and recommending the removal of the sanctions if appropriate, to the Chairperson of the Board of Trustees. An example sanction for a counselling member of staff may be that a counsellor will be required to undertake additional training and/or supervision before they are permitted to work with clients. An example sanction for a counselling member of staff may be that they are required to undertake additional training and be closely supervised when working with confidential information.

Complaints regarding governance should be directed to:

OSCR

2nd Floor

Quadrent House

Riverside Drive

Dundee

DD1 4NT