Complaints Policy & Procedure 

The HSE Section 39 Agreement requires that  

“The Provider shall submit a copy of its complaints policy and procedure to the Executive for approval" and “The Provider shall also establish and maintain a formal protection from abuse policy and complaints procedure that is accessible to all Service Users, their advocates and carers." 

The complaints policy and procedure document is available to the Executive and to the public at large from the Policies and Procedures area on MDI’s website. 

The policy text is provided below. Once approved the text should be passed to the Communications Officer and made available to staff and to the public at large from the Policies and Procedures area on the MDI website. 

 

The purpose of the Complaints Policy & Procedure is to enable MDI Members and their families to express concerns or issues they may have with any aspect of the supports delivered to them by MDI staff. It also enables members of the public to register complaints in relation to any matter affecting the public at large, including issues relating to MDI’s fundraising activities. This document is available to staff, to MDI members and to the public at large from the Policies and Procedures area on the MDI website. 

Making a Complaint 

Complaints can be made by email to complaints@mdi.ie or can be made in writing or by phone to: 

Complaints Officer 

Muscular Dystrophy Ireland 

75 Lucan Road, Chapelizod, 

Dublin D20 DR77 

Free Phone: 1800 245 300 

Phone: 01-6236414 

What to include in a complaint  

The complaint should include: 

  • what happened and when 

  • who was involved 

  • where it happened 

  • what your concerns are 

  • have you done anything to resolve this matter 

  • what you want to happen now 

Please provide any extra information and copies of other relevant documents. 

MDI Complaint Response 

Complaints will be dealt with fairly, confidentially and without delay.  

Confidentiality: On receipt of a complaint from an MDI member, the designated Complaints Officer will establish the bone fides of the complainant by reference to contact details held on file and will use the contact details on file in future correspondence.  

Complaints will be processed in escalating stages as necessary depending on the nature of the compliant. 

Stage 1 Informal 

MDI encourages the informal resolution locally of complaints at point of contact.  

Stage 2 Formal 

If informal resolution efforts are unsuccessful, the complaint will be registered formally in writing and forwarded to complaints@mdi.ie. MDI’s Chief Executive Officer will be appointed the Complaints Officer or, if the complaint relates to the CEO, the Complaints Officer will be MDI’s Chairperson. 

The Complaints Officer will acknowledge the complaint within 5 working days and will outline the steps proposed and time estimated for the completion of investigations into the complaint. Meetings can be arranged as needed if it will help towards a resolution.  

Stage 3 Internal MDI Review  

Where a complainant is dissatisfied with recommendations made by a Complaints Officer, he/she may apply in writing for a review of the recommendations to the Chairperson of MDI and the Health Service Executive. The Health Service Executive have designated authority to appoint review officers as per the Health Act 2004 (Complaints) Regulations 2006. All requests for reviews must be addressed to Head of Consumer Affairs, Health Service Executive, Oak House, Millennium Park, Naas, Co. Kildare. 

Stage 4 Independent Ombudsman Review  

There is nothing to prohibit or prevent any person who is dissatisfied with a recommendation made or step taken in response to a complaint from referring the complaint to the Ombudsman or the Ombudsman for Children. 

Office of the Ombudsman 
18 Lr. Leeson Street,  
Dublin 2. 
Tel: +353-1-639 5600  
Lo-call: 1890 223030  
Fax: (01) 639 5674  

Ombudsman for Children’s Office, 
Millennium House, 
52-56 Great Strand Street,  
Dublin 1 

Tel: 01-8656800 

Complaint Outcomes 

Depending on the nature of the complaint, it may be dealt with in one of the following ways: 

  • Complaint clarified, found to be unsubstantiated, recorded and closed internally. 

  • Complaint clarified, substantiated by the investigation, dealt with, recorded and closed internally. 

  • If the complaint is deemed to be of a serious nature or relating to malpractice or an allegation of child abuse then the complaint is clarified, recorded and passed on to the relevant Health Service Executive/Gardai/ Agency. 

  • The person making the complaint and the person whom the complaint is made against is made aware of the procedure and outcome. 

Advocacy 

All complainants have a right to appoint an advocate to assist them in making their complaint and to support them in any subsequent processes in the management of that complaint. Citizen Information defines advocacy as a means of empowering people by supporting them to assert their views and claim their entitlements and where necessary, representing and negotiating on their behalf.  

Timeframes 

The Complaints Officer will inform the complainant in writing, within 5 working days of making the decision/determination, that the complaint will not be investigated and the reasons for it. 

  • Where the complaint is being investigated, the Complaints Officer must endeavour to investigate and conclude the investigation of a complaint within 30 working days of it being acknowledged.  

  • If the investigation cannot be investigated and concluded within 30 working days then the Complaints Officer must communicate this to the complainant and the relevant service/staff member within 30 working days of acknowledging the complaint and give an indication of the time it will take to complete the investigation.  

  • The Complaints Officer must update the complainant and the relevant staff/ service  member every 20 working days.  

  • The Complaints Officer must endeavour to investigate complaints within 30 working days. However, where the 30 working days’ time frame cannot be met despite every best effort, complaints officer must endeavour to conclude the investigation of the complaint within 6 months of the receipt of the complaint.  

If this timeframe cannot be met, the Complaints Officer must inform the complainant that the investigation is taking longer than 6 months, give an explanation why and outline the options open to the complainant. He/ She should encourage the complainant to stay with the local HSE complaints management process while informing them that they may seek a review of their complaint by the Ombudsman/ Ombudsman for Children.  

Time Limits for making a complaint 

Section 47, Part 9 of the Health Act 2004 requires that:  

  • A complaint must be made within 12 months of the date of the action giving rise to the complaint or within 12 months of the complainant becoming aware of the action giving rise to the complaint. 

  • A Complaints Officer may extend the time limit for making a complaint if in the opinion of the Complaints Officer special circumstances make it appropriate to do so. These special circumstances include but are not exclusive to the following:  

  • If the complainant is ill or bereaved.  

  • If new relevant, significant and verifiable information relating to the action becomes available to the complainant.  

  • If it is considered in the public interest to investigate the complaint.  

  • If the complaint concerns an issue of such seriousness that it cannot be ignored.  

  • Diminished capacity of the service user at the time of the experience e.g., mental health, critical/ long-term illness.  

  • Where extensive support was required to make the complaint, and this took longer than 12 months 

  • A Complaints officer must notify the complainant of decision to extend / not extend time limits within 5 working days.  

Matters excluded 

Please refer to Part 9, Section 48 of The Health Act for a list of matters which are excluded from the complaints process.  

Redress 

Redress should be consistent and fair for both the complainant and the employee against which the complaint was made. MDI offer forms of redress or responses that are appropriate and reasonable where it has been established that a measurable loss, detriment or disadvantage was suffered or sustained by the claimant personally and can take a number of forms: 

• Apology 

• An explanation 

• Refund 

• Admission of fault 

• Change of decision 

• Replacement 

• Repair /rework 

• Correction of misleading or incorrect records 

• Technical or financial assistance 

• Recommendation to make a change to a relevant policy or law 

• A waiver of debt 

A complaints officer may not, following the investigation of a complaint, make a recommendation the implementation of which would require or cause: 

  • The Board to make a material amendment to its approved service plan, or  

  • A service provider and the Board to make a material amendment to an arrangement under section 38. If, in the opinion of the relevant person, such a recommendation is made, that person shall either  

  • Amend the recommendation in such manner as makes the amendment to the applicable service plan or arrangement unnecessary, or  

  • Reject the recommendation and take such other measures to remedy, mitigate or alter the adverse effect of the matter to which the complaint relates as the relevant person considers appropriate.  

Annual Report to the HSE 

MDI, which has established its complaints procedure by agreement with the HSE, provides the HSE with a general report on the complaints received during the previous year indicating: 

• The total number of complaints received. 

• The nature of the complaints. 

• The number of complaints resolved by informal means. 

• The outcome of any investigations into the complaints.