Below is a guide to use if you have concerns in relation to the care you or someone you know is receiving in a nursing home or residential care facility.

Step 1: Research and record-keeping

• Document all factual information about your complaint.
• Start keeping a diary of all concerns.  This should include relevant dates, times, names and designation of staff, witnesses, and photos if possible.
• Jot down as soon as possible as much as you can remember about what occured, including dates, names and what was said.

Serious/Urgent complaints:

Make sure you speak to the most senior person in the organisation eg senior management at central administration, CEO, Board of Directors, or if after office hourse, the Registered Nurse on duty.

Notify the resident’s General Practitioner, who may consider transfer to hospital as a way of rescuing the patient in the short term. Here again bed shortage is a difficulty.

• Take photographs of all injuries; consider inviting the newspapers to do likewise.
• Take note of names of staff, both perpetrators and would be protectors.
• Try to find independent witnesses. Clergy? Relatives of other residents?
• Where there is an obvious injury notify the police.
  

Step 2: Writing a complaint letter

Writing a complaint letter whilst in an emotional state produces a letter more about the venting of feelings rather than focussing on the problem or issue at hand. To avoid this, the following approach may help:

• Include all your feelings (and emotions) in the first draft (This helps clarify the issues from the emotions). 
• It may be helpful to then write down a list of your grievances before you begin writing the next draft. 
• In the second draft remove all personal feelings and leave factual information. This can result in the issues being clearer. 
• Before writing your final draft, add what you hope to achieve by this complaint. 
• Finally, ask a friend to read it for you. An independent perspective can check that your letter is clear, as well as highlight any errors or discrepancies. 
• If there is more than one area of complaint, have headings of what you hope to achieve for each area.
  

Step 3: Lodging a complaint

• Diplomatically source the official complaints process for the facility (this information should have been provided to each resident upon entry to the facility).
• You have to make the decision as to whether or not you can trust the management enough to feel confident that they will not exact retribution on the resident if you complain. If they seem trustworthy there is no doubt that this is the best option.
• State the problem clearly and politely, in reasonable terms, but without apology and be firm about your expectations of improvement and the action that should be taken. Preferably have more than one family member present and an assertive influence. A timid elderly spouse needs support.
• If time allows it is best to make an appointment to speak to the manger who can then allow sufficient time for discussion.
• Remember that if you expect staff to listen with compassion to your concerns that you need to exhibit the same attitude in all your dealings with them. Most staff in aged care are working in very difficult circumstances and may also have a lot of personal problems that you know nothing about. Of course none of these staff factors are excuses for breaches in standard of care but a person lodging a complaint may be much more effective if these considerations are kept in mind. Make it clear that you wish to support staff not criticise them, while at the same time not conceding that poor standards are acceptable.
• If the resident is blamed, you need to point out why the resident is behaving in a way that is causing the staff problems. There is often a good reason for "difficult" behaviour. A solution satisfactory to both resident and staff must be found.

Having lodged a complaint it is vital to follow up by close observation of the situation by family members. Talk again to the staff to thank them for addressing your concerns and/or discuss the need for further improvement.

If there has been no satisfactory resolution then you need to consider proceeding to step 4.

Step 4: Refer your complaint to the Aged Care Complaints Investigation Scheme

Submit your complaint in writing in accordance with the complaints  process and utilizing factual information from your diary.

• request a written reply with a specified time frame within which you require the response.
• keep copies of all correspondence including your own

After receiving a response:

• If the response was verbal reiterate you require a written response
• If the response is written and you are satisfied with it no further action is required

If you are not satisfied with the response:

• Seek a meeting with the appropriate senior level staff member
• It is advisable to attend this meeting with a support person, eg an independent advocate or a close family member or friend.
• Have a clear and written agenda for the discussion outlining all your concerns.
• Have all relevant documentation with you.
• Have the support person you have taken to the meeting with you document everything that is discussed and the responses provided to questions you ask management of the facility who are present at the meeting.

If you are not satisfied with the outcome of the meeting or the facility declined to have a meeting:

Complaints may be made about anything that may be a breach of an approved provider's responsibilities under the aged care legislation and that affects a person who is, or was, receiving or eligible to receive Commonwealth funded aged care services.

Anyone can make a complaint, including care givers or care recipients, family members, nurses, staff, etc. can make a complaint to the Department of Health and Ageing - Aged Care Complaints Investigation  Scheme (CIS), commonly referred to as the "Scheme".

Submit a written complaint not verbally over the telephone. (misunderstandings may occur when complaints are verbal.)

Complaints Tips:

1. Ensure all communications with Government Departments are in writing.
2. Document your concerns in as much factual detail as possible.  Avoid all emotive language.
3. Post a copy of your complaint to the Aged Care Complaints Investigation Scheme (ACCIS).  We recommend using registered mail with a request for receipt.
4. ACCIS should send a letter of acknowledgment – usually within a few days – stating only that they are investigating your complaint and that an investigative officer will shortly be in touch.
5. If no acknowledgment is received within a fortnight, follow up with a  phone call.
   - Request the Case ID number and the name of case worker who has been allocated to your complaint.
   The Scheme may contact you during the investigation period to seek further information but will often make their findings without doing so.  The  next contact from the Scheme will be their letter stating the official  findings of their investigation.
6. If you are not happy with the findings a request for a review can be lodged with the Office of the Aged Care Commissioner 
7. It is important to note that if you are not satisfied with the outcomes of the complaints investigation, a request for a review must be sent to the Commissioner within 14 days of the notification of the decision 
   - If you receive your notification by Registered Mail the Scheme has a record of this and will not deviate from the 14 days under any circumstances.
8.  Registered mail is not always used and the date of receipt may be difficult to prove.

Office of Aged Care Quality and Compliance (OACQC)

Aged Care Complaints Investigation Scheme

The Aged Care Complaints Investigation Scheme is available to anyone who wishes to provide information or make a complaint about an Australian Government subsidised aged care service that may need to be investigated. It replaces the former Aged Care Complaints Resolution Scheme. 

You can you provide information or make a complaint either on free-call 1800 550 552 or in writing to:

• Aged Care Complaints Investigation Scheme
  C/- Department of Health and Ageing
  GPO Box 9848
  In your Capital City.