Complaints & Appeals Policy

Table of Contents

• Policy Statement
• Policy Aims
• Definitions of Complaints & Appeals
  • Complaint
  • Appeal
• Roles and Responsibilities under this Policy
  • Trainers
  • Administration Staff
  • Directors
• Policy Procedure
  • Informal Complaint Procedure
  • Formal Complaint or Appeal Procedure
• External Complaints and Appeals

Policy Statement

The purpose of this policy and procedure is for Care College to define the system of the principles of natural justice and fairness in place to deal with complaints and appeals involving the conduct of:

• Care College, its trainers, assessors or other staff
• Care College students
• A third-party providing services on the Care College’s behalf

Policy Aims

The policy provides assurance for employees and clients that the company is committed to ensuring compliance with the principles of the law that personal and sensitive information shall be:

• Processed lawfully, fairly and in a transparent way in relation to individuals
• Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes
• Processed must be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
• Accurate and kept up to date where necessary.
• Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed.
• Processed in a manner that ensures appropriate security of the personal data. This includes the protection against unauthorised or unlawful processing and against accidental loss, destruction or damage.

The company shall adopt a strategic ‘privacy by design’ approach to the collection and management of information to establish the level of risk and minimise the potential for breach and impact wherever possible.

Definitions of Complaints & Appeals

Complaint – a statement that something is unsatisfactory or unacceptable which requires a systematic or formal resolution. A “Complaint” is where a prospective student, enrolled student or staff registers a formal complaint, in writing, concerning the manner (or behaviour) in which Care College or its staff (including Trainers/Assessors, Administrative Staff or Educational Agents) deals with or provides educational or marketing services to any of these groups. This also includes student amenities, discrimination, sexual harassment, bullying or any other issue that may arise when enrolling or studying at Care College.

Complaints can include but not limited to the following:

• Enrolment process
• Processes
• The quality of the training delivery
• Assessment outcomes/including recognition of prior learning
• Issuing of results, certificates and/or statements of attainment
• Any other activities associated with the delivery of training and assessment services
• Conduct of Care College in regards to its recipients
• Conduct of other students
• Issues arising from third party providers on behalf of Care College
• Other issues such as; discrimination, sexual harassment, victimisation, disability discrimination and bullying

Appeal – to apply to a higher authority or external body for review of how a complaint process was handled or in relation to an unfavourable decision made against them. An “Appeal” is where a prospective student, enrolled student or staff registers a formal appeal, in writing, relating to a decision made by Care College or their staff (including Trainers/Assessors, Administrative Staff or Educational Agents) dealing with, but not limited to, educational or enrolment services provided to any of these groups. This includes requests to challenge an assessment decision.

Roles and Responsibilities under this Policy

Trainers

Trainers and Assessors are responsible for:

• Operate in accordance with Care College Complaints and Appeals Policy
• Refer any formal complaints to the relevant management member

Administration Staff

Administration Staff are responsible for:

• Implementation of the policy within the company.

Directors

Directors are responsible for:

• Ensuring this policy and procedure is implemented and executed accurately and effectively.

Policy Procedure

The handling of a complaint or appeal is to commence within Five working days of complaint or appeal lodgement.

Where Care College considers more than 28 calendar days are required to process and finalise the complaint or appeal, Care College will inform the complainant or person lodging an appeal in writing, including reasons why more than 28 calendar days are required; and Care College will regularly update the complainant or person lodging an appeal on the progress of the matter.

Care College will ensure that:

• Care College will regularly update the complainant or person lodging an appeal on the progress of the matter.
• A written record of all complaints and appeals will be maintained by Care College inclusive of all details, lodgement, response/s, and resolution.
• A formal complaint or appeal will be at zero cost to the complainant/appellant.
• The complainant/appellant may be accompanied by a support person at any relevant meeting.
• The complainant/appellant will have appropriate access to his/her records.
• The complainant/appellant will receive a written statement of the decision made, including details of the reasons behind the decision.
• The complainant/appellant will have the opportunity to access an independent body to review his/her complaint or appeal following the internal Care College process being exhausted.
• Care College will maintain the student’s enrolment of the complainant/appellant during the Complaints and Appeals process.
• Decisions or outcomes in the favour of the complainant/appellant shall be implemented immediately.
• Complaints and Appeals will be handled in strict confidence.
• Complaints and appeals will be considered based on procedural fairness and lead to opportunities for improvement as a Continuous Improvement Report.

Informal Complaint Procedure

The initial stage of any complaint or feedback will be when the client directly communicates with the relevant Care College staff member and raises the issue/s at hand.

The Care College staff member will attempt to provide a solution to the issue presented.

If the client is dissatisfied with the solution presented, they may initiate the formal complaint process.

Formal Complaint or Appeal Procedure

The informal complaint procedure must be explored first.

A Formal Complaint or Appeal email, describing the issues in detail can be sent:

In Person: Care College, 50 Don street, St Helier, JE2 4TR

By Email: hello@carecollege.je

Information incorporated within special category data includes that which relates to racial or ethnic origin, health information, political opinions, religious or philosophical beliefs and trade union membership. A full list is included within the Glossary of terms.

The independent panel shall not have had any previous involvement with the complaint or appeal. This panel will include representatives of:

• The Director
• A member of the teaching staff
• A member from the assessing team

The complainant/appellant will be contacted within Ten working days of the complaint being received and a time will be organised for them to attend a meeting with the complaint committee.

The Director will seek approval from the complainant/appellant and member of staff to have both parties present at this meeting.

If either party objects, both parties will be heard on the same day at different times to ensure the respect and comfort of all parties involved.

The client will be given the opportunity to present their case to the committee and is welcome to bring a support person to this meeting.

The relevant staff member shall be given the opportunity to present their case to the committee and is welcome to bring a support person to this meeting.

The complaints and appeals committee will review all evidence presented at the meeting and decide regarding the complaint or appeal. The resolution time is 28 days.

This decision will be communicated to all parties involved within five working days of making the decision in the form of a letter.

Should the complainant or appellant be dissatisfied with the outcome of this process, external mediation and resolution is available.

External Complaints and Appeals

The details of the accrediting body/ies will be given to the complainant.