FENIKS sets high standards and aims to provide first class services. However, there may be times when you are unhappy about something. If this is the case it is important that you tell us.

We want to maintain high quality services and hearing your concerns, criticisms or complaints will help us to do this. If there are any problems we would like to sort them out as soon as possible.

These guidelines tell you what to do if you are not happy about any of our services. We cannot promise to resolve every complaint or agree with every suggestion. We promise to take your concerns seriously, to carry out a full investigation of complaints and to tell you what we intend to do.

Who can make a complaint?

Any person who has any contact with our services may use this complaints procedure. The complaint may be made directly or by a third person representing the interests of the person using the service. Complaints may therefore come from service users, their carers, key workers, friends or family.

Counselling clients

If you are attending our Counselling Service we would like to assure you that we follow standards set by COSCA Statement of Ethics and Code of Practice. You were informed about it at the first session with your counsellor or therapist. You can access this Policy anytime. It is available in the counselling room as well as on our website in the Documents section.

Who should you speak to?

You can make a complaint to any member of the FENIKS team. If you are using a volunteer led service you should ask to speak to a member of staff.

Making your complaint

We understand that you may feel upset or angry if you have to make a complaint and we will do our best to deal with your concerns or complaints in a patient, understanding and sensitive manner. In return we would ask you please to be courteous and respectful when talking to our staff or volunteers. Most of the time, you will find that things can be sorted out in an informal way without using the complaints procedure or having to see the manager. However, if we are unable to resolve issues at this stage any member of the team will be able to arrange for you to talk to the manager or register a formal complaint.

Making a formal complaint

It will not always be possible to resolve issues informally. If this happens you should make it clear that you wish to use the formal complaints procedure by informing the manager or a member of staff. You can make a formal complaint verbally to any member of staff or in writing by filling in the complaints form at the end of this document and emailing your complaint to complaints@feniks.org.uk. Verbal complaints will be recorded by the member of staff dealing with the complaint and a copy will be made available to the complainant. If you make your complaint by phone we can send out or e-mail a form for you to complete.

In this first stage your complaint will be dealt with by FENIKS staff, usually the manager, but in the manager’s absence, another member of the team. We will let you know who will be looking into things within five days of receiving the complaint.

Complaints must be supported by sufficient evidence to enable an investigation, and the Services Manager will make an initial assessment of whether there is a case to answer.

Feniks does have access to a legal advice service through our general insurance and in appropriate cases has the option to seek legal or other specialist advice.

The complainant needs to provide permission for confidential information related to the complaint to be disclosed to all parties mentioned in the complaint by those involved in handling the complaint, including the Feniks’s legal or other specialist advisors.

If you are using our counselling services.

Please call, email or send your complaint to Feniks’s Mental Health Services Manager.

Mental Health Services Manager
FENIKS. Counselling, Personal Development and Support Services Ltd.
151 London Road
EH6 7AE
Edinburgh

email: complaints@feniks.org.uk

We aim to complete our investigations within four weeks of receiving your complaint. We will write to you and may meet with you to explain our findings. We will do everything we can to reach an acceptable resolution. You are welcome to bring along a representative to any meetings – this could be a carer, professional support worker or advocacy worker, whoever you feel is best suited to provide you with the support you need.

Any complaints that are likely to be vexatious or malicious, or have been provided anonymously, will be investigated by the Mental Health Services Manager or the Chief Executive Officer, who will decide what actions should be taken.

Time limits for complaints

Complaints can be accepted up to three years from the time of the problem arising. However, it is much easier to sort out difficulties if the complaint is brought to our attention as quickly as possible.

Complaints against a person who has left Feniks will be investigated for the learning of the organisation and a report submitted to COSCA, even if sanctions cannot be applied. Wherever possible the person will be offered the opportunity to represent their own interest, and if they are still a member of COSCA, COSCA may investigate under their system for dealing with information about members.

Taking things further

If you are not happy with the response you receive in the first stage of the formal complaints procedure (from the manager or member of staff dealing with the complaint in the manager’s absence), you can ask for a review. You should do this within the four weeks and in writing if possible, by letter or e-mail. The review will be carried out by a maximum of three members of the FENIKS Board of Directors and may also include one Committee advisor from outside of the Board. You will be informed within five days of our receiving your request for a review who will be dealing with it. This will give you and all parties an opportunity to declare a conflict of interest with the named head of the Review Panel. We will try our best to keep the numbers of people involved to a minimum, but this will largely depend on the nature of the complaint. No member of the panel will have taken any part in the previous handling of the complaint.

The Review Panel will have access to relevant documents and policy papers within Feniks and to staff members, if appropriate. They may ask you and other involved individuals for evidence. This will be sought in person and will meet with each party separately. You, as well as other parties will have the right to be accompanied, and/or represented, by a supportive person of your choice. Neither you, other parties and/ nor your representatives will be asked to attend the meetings together.

You will be informed by email or letter within 28 days of the outcome of the review; a copy of which will be sent to Feniks and the person the complaint was made against. If it is not possible to respond within 28 days, the complainant will be informed of any reasons for a delay. All investigations will be completed and responded to within six months. The result of this review will be final and following our response FENIKS will consider the matter closed.

If your complaint regarded Feniks’s Counselling Service and you are still unsatisfied after the decision of the Review Panel or you are unhappy about the content of the Committee Advisor’s report, you as well as other parties, will have a right to appeal to COSCA within a month from the decision. The report will be send to COSCA on completion of the procedure.

The Mental Health Services Manager or Chair, whoever is managing the complaint, may halt the procedure at any stage if it emerges that legal action is under way, pending or intended, until such time as any legal process is complete. They may also adjourn the procedure, ensuring that it is re-started at the point at which it was stopped, within a reasonable time.

Complaints to COSCA

COSCA is the professional body for counselling and psychotherapy in Scotland. As the member organisation, Feniks Counselling Service is also covered by the COSCA Complaints Procedure.

If the complainant remains dissatisfied after the decision of the appeals panel or remains dissatisfied about the content of the investigator’s report he/she will be advised that they can submit a complaint to COSCA under their Complaints Procedure. COSCA will, on receipt of the complaint, verify that the member’s complaints procedure has been followed and the outcome was lawful, reasonable and properly explained.

COSCA
16 Melville Terrace
Stirling
FK8 2NE
01786 475140

www.cosca.org.uk

Confidentiality

All complaints will be treated as confidential. We will only disclose information to others that is necessary to carry out the investigation. We will always try to be as open as we can with you in the process of managing your complaint, however, there may be times when we cannot disclose information because of other people’s right to confidentiality.

The complainant is required to give permission for confidential information pertinent to the complaint to be disclosed to all parties cited in the complaint by those involved in handling the complaint, including the Feniks’s legal or other specialist advisors.

Monitoring of complaints

FENIKS keeps a record of all complaints, formal and informal and this information is used for evaluation and to inform the planning and development of services.

Complaints will be monitored regularly by the Director and brought to the attention of the Board of Trustees. Once a complaint has been concluded, an ‘Outcome Report to COSCA at the Conclusion of Complaints Proceedings’ will be submitted to COSCA within one month. COSCA will publish upheld complaints and their sanctions regarding COSCA.

A complaint will be discontinued 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. In these circumstances, all parties will be informed.

Useful contacts

We appreciate that it can be difficult and distressing to make a complaint and that you may require information and/or support in order to help you define your feelings and concerns and communicate them to us. You may find the following resources helpful:

CAPS Independent Advocacy

5 Cadzow Place, Edinburgh. EH7 5SN
Tel: 0131 538 7177
E: contact@capsadvocacy.org
www.capsadvocacy.org

Advocard

332 Leith Walk, Edinburgh. EH6 5BR
Tel: 0131 554 5307
E: advocacy@advocard.org.uk
www.advocard.org.uk

Investigation Officers

OSCR (Office of Scottish Charities Regulator)
2nd Floor, Quadrant House,
9 Riverside Drive,
Dundee
DD1 4NY
Tel: 01382 220 446
E: info@oscr.org.uk (fao investigation officers)
www.oscr.org.uk