Complaints Procedure for COSCA Organisational Members

This procedure is to be used by clients/individuals wishing to complain using the Professional Body route of COSCA (Counselling and Psychotherapy in Scotland) about an alleged breach of COSCA’s Statement of Ethics and Code of Practice (http://www.cosca.org.uk/guidance-policies/ethics). COSCA can only act upon complaints investigated under this procedure and not under any other procedure e.g a university or college procedure.

In the interests of a speedy and mutually agreeable resolution, individuals are encouraged to speak informally to the therapist/staff member before starting the formal complaints process, and/or to take part in a formal mediation process.

Formal complaints procedure

Complaints can be made about those providing work relating to counselling and psychotherapy by any individual using the services of on one of COSCA’s Organisational Members, but not their representatives nor any third party.

If the person complained about has left the organisation, any investigation is conducted for the learning of the organisation, for example to identify any systematic failures, wherever possible the complained against will be offered the opportunity to represent their own interest, the outcome report will still be sent to COSCA, but the normal sanction report will not be published and if the former worker is still a member of COSCA, COSCA may investigate under the system for dealing with information about members.

In line with COSCA’s Standards, anonymous complaints may be logged, but will not be investigated.

If the COSCA Organisational Member being complained about is no longer involved with the provision of psychotherapy and not a current member of COSCA they are not able to be investigated under this procedure. The organisation may have another procedure that would be suitable.

In line with COSCA’s Standards, if a complaint is considered vexatious or malicious EPCS will not engage with the complaint.

Complaints will be accepted for a maximum of 3 years after the alleged breach of COSCA’s Statement of Ethics and Code of Practice, but the sooner you make your complaint the easier it is to investigate.

The Complaint Manager will be Gemma Holmes, Practice Owner of Enlightened Psychology & Counselling Service (EPCS), email: info@enlightenedpsyc.co.uk. This is also the person to whom all participants in the complaints process should declare any possible conflicts of interest.

Support for making your complaint can be found on the Enlightened Psychology & Counselling Service website under ‘complaints’. EPCS will help individuals to understand the procedure and will be able to signpost to local external support.

In accordance with COSCA’s Standards will only investigate if there is sufficient corroborating evidence and a breach of COSCA’s Statement of Ethics and Code of Practice.

Stage 1 – Investigation

Once any informal investigation or mediation process has been attempted, and the complaint remains unresolved, a formal complaint should be submitted to the Complaint Manager (see above). They will manage the process and see that it runs smoothly.

The Complaint Manager will submit the complaint to EPCS, Clinical Lead and Practice Coordinator, for investigation. If those people are not able to be impartial and independent of the complaint the Complaint Manager will delegate to another member of the Management Team.

All those involved will act confidentially in their handling of the complaint. They may seek legal or specialist advice. Anyone making a complaint must give their permission for confidential information, pertinent to the complaint, to be disclosed by all parties cited in the complaint to all those involved in the handling of the complaint (including those providing any legal or specialist advice).

The Complaint Manager can halt the process at any time should it emerge that legal action is underway, pending or intended until any legal process is complete. They may adjourn or put the process in recess to be restarted at the point at which it was stopped and within a reasonable time. They can also discontinue the complaint if the complainant fails or refuses to participate at any stage without good reason. The individual may formally withdraw the complaint at any time. In all cases, both/all parties will be informed.

Complaints will be acknowledged by the Complaint Manager within 3 working days of receiving the complaint by email and will communicate with both the individual making the complaint and the person/people they are complaining against in this way.

The Complaint Manager will notify both parties of their right to attend a meeting, separately and not together, with the person/ people hearing the complaint and that they may be accompanied by a supportive person if they choose. The individual and complained against will not come into contact at any time in the course of the investigation. This includes being asked to wait in the same area to give evidence to the investigator(s), but not outside of the investigation of the complaint.

The investigation will take place within 5 days of receiving the complaint. It is expected to take 21 days for an outcome to be reached, unless the complaint is of a more complex nature when it may take a further 14 days. In exceptional circumstances the Complaint Manager may extend the process further and all parties will be informed.

Both parties will be informed of the outcome within 28 days of an outcome being reached by email including the reason(s) for the decision.

Stage 2 – Appeal

If the individual is dissatisfied with the outcome they may appeal to the Complaint Manager within 7 days of learning of the outcome. A new investigation will be conducted by an external party who is impartial of the complaint and with no previous contact with its investigation.

The investigation is expected to take 21 days for an outcome to be reached, unless the complaint is of a more complex nature when it may take a further 14 days. In exceptional circumstances the Complaint Manager may extend the process further and all parties will be informed.

As before, the Complaint Manager will communicate with both the individual making the complaint and the person/ people they are complaining against.

The Complaint Manager will notify both parties of their right to attend the appeal meeting, separately and not together, with the people/ panel hearing the complaint and advise that they may be accompanied by a supportive person if they choose. The individual and complained against will not come into contact at any time in the course of the investigation. This includes being asked to wait in the same area to give evidence to the investigator(s), but not outside of the investigation of the complaint.

The whole process will not be expected to exceed 45 days.

Both parties will be informed of the outcome within 28 days by email including the reason(s) for the decision.

Sanctions

If the complaint is upheld possible sanctions could be ceasing to deliver therapy services, either temporarily or permanently; changing working structures and management systems; undertaking further training or personal therapy; increasing and/or changing supervision arrangements. They will be imposed and monitored by the Complaint Manager who will inform both the individual making the complaint and the person/ people complained against when they have been fulfilled.

Outcome Report to COSCA

In accordance with COSCA’s Standards EPCS will submit immediate reports at the conclusion of the above complaints proceedings, whether upheld or not upheld, and notify COSCA of any sanctions applied. COSCA reserves the right to publish decisions/recommendations of the complaint investigator(s) against COSCA Individual Members and Organisational Members, after the possibility of an appeal being upheld expires.

Request for a procedural review by COSCA

Once the above procedure has been exhausted, the individual has the right to request a procedural review by COSCA within one month of notification of the result of the investigator(s) decision.

Brian Magee
Chief Executive
COSCA (Counselling & Psychotherapy in Scotland)
16 Melville Terrace
Stirling
FK8 2NE

01786 475140
brian@cosca.org.uk

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

COSCA’s Complaints Procedure can be found here: http://www.cosca.org.uk/guidance-policies/complaints

Amendments

EPCS has the right to amend/add to any/all parts of this procedure at any time, but any amendments have been submitted and approved by COSCA to ensure compliance with COSCA’s Standards.