Frequently asked questions

We understand that it is unsettling to be the subject of a complaint. Try to consider the perspective of the person who has submitted the complaint. If they are complaining, they are unhappy and under stress. The most common reasons for people complaining are:

• The need for an explanation about what happened
• Wanting to prevent a similar thing happening to someone else
• Seeking accountability for what went wrong, for example expression of responsibility or an apology.

For these people, a good resolution may involve:

• Obtaining answers to questions about the care they received
• Acknowledging their concerns
• Review and improvement of a practice or system.

Most often, people want an acknowledgement of their experience, an assurance that preventative action has been taken, and an apology for any inadequacies in the care they received.

It's important that providers respond to complaints in a timely way. Your obligations for responding to complaints are outlined in Right 10 of the Code.

Providers should have a complaint handling system that ensures that all issues are addressed adequately and in a timely manner. It should include the following steps:

• Receive the complaint — Acknowledge that you've received the complaint, explain the complaints process, and agree on the next steps.
• Identify and assess the issues — Understand the person’s concerns and the outcomes they are seeking. Confirm that you’ll work to provide answers and resolve their issues.
• Try to reach a solution and keep accurate records — Engage with the person to find a solution, being open to negotiation. Keep detailed records of all communications and actions taken to resolve the complaint.
• Importance of an apology — Offer a sincere apology for the person’s experience. If applicable, apologise for any distress caused and note any areas for improvement. This does not imply fault but aims to help resolve the issue.

The aim should be to strengthen the relationship between the provider, the complainant, and their family and whānau. This process should facilitate service improvement.

People are most satisfied when their concerns or complaints are resolved directly by the provider.

The Nationwide Health and Disability Advocacy Service (the Advocacy Service) can further help resolve complaints by supporting the person making the complaint in discussing their concerns directly with you. It is a free service that operates independently from all health and disability service providers, government agencies, and HDC.

Complaints can be complex, and it may not always be possible to resolve concerns directly. If the issue can’t be resolved, inform the complainant that they can bring their concerns to HDC. This is their right covered by Right 10 of the Code.

Often, the answer is yes. Around 30% of complaints are resolved in this way. HDC can refer a complaint to you so that you can respond directly to the person, or we can refer the complaint to the Advocacy Service. The Advocacy Service supports the person making the complaint in discussing their concerns directly with you. At this stage, many providers successfully resolve complaints by working with the complainant.

HDC has a report-back procedure to check that the concerns have been addressed appropriately.

Yes. You will be asked for a written description of your version of events. You can tell HDC if your actions were influenced by resource constraints or the clinical circumstances of the consumer.

The complaints process is impartial. HDC assesses all complaints carefully by gathering relevant information to determine the appropriate outcome. HDC works hard to resolve complaints in a fair, timely, and effective way.

The Commissioner is like a judge, conducting an independent and fair investigation. The Commissioner does not act solely to protect the interests of complainants. Providers also have rights and a chance to be heard and provide information. Provider cooperation and support can help a timely, positive outcome.

This depends on the nature of the complaint, how complicated it is (eg, whether it is about several different providers), and how long it takes us to get the information we need. While many investigations take two to three years to complete, some more straightforward ones can be completed in a shorter timeframe. Other investigations are very complicated, involving many providers and wide-ranging issues, and therefore can take longer.

Unfortunately, our response and complaints management may be delayed due to the huge increase in complaints over the last three years.

This is something you will have to decide for yourself. It may help to discuss the complaint with your colleagues. Your professional body may be able to put you in touch with someone who has been through the investigation process. Some health professionals use lawyers, but many do not.

HDC’s decision is final and cannot be appealed. However, if you are unhappy with a decision, HDC can conduct an in-house review of the actions and decisions related to the complaint. The Office of the Ombudsman and the High Court can also review how a complaint was investigated to ensure that everyone was treated fairly.