Making and resolving complaints - A Guide for Carers
The right to complain about a service is one of many rights everyone has when using a health or disability service. These rights are set out in the Code of Health and Disability Service Consumers’ Rights.
An independent Commissioner called the Health and Disability Commissioner is responsible for promoting and protecting rights relating to health and disability services. The Code has ten rights:
- the right to be treated with respect
- the right to freedom from discrimination, coercion, harassment, and exploitation
- the right to dignity and independence
- the right to services of an appropriate standard
- the right to effective communication
- the right to be fully informed
- the right to make an informed choice and give informed consent
- the right to support
- rights in respect of teaching or research
- the right to complain.
The Code covers all public and private providers offering any form of health or disability service. Examples of these services are hospitals, rest homes, disability homes, ambulance services, doctors, nurses, and health therapists. If they are able, the person you care for can make a complaint about a health or disability service, or you can make a complaint on their behalf.
Making a complaint directly to the service
It’s usually best for the person you care for to make a complaint directly to the service that has treated them in a way not consistent with their rights. Complaints should be made to the person, their manager, or the person in the organisation responsible for receiving complaints. This might be a nurse manager, CEO, or complaints officer. If unsure who to contact, they can also make a complaint to the agency which funds the service, like ACC or the Ministry of Health.
The advocacy section of the Health and Disability Commissioner’s website has some self-advocacy tips for resolving concerns directly with a provider, as well as a sample letter and complaint form.
Making a complaint to a health and disability advocate
The person you care for can talk to their nearest health and disability advocate if they don’t feel comfortable making a complaint to the person or organisation who they wish to complain about, or if they have made a complaint but don’t feel satisfied with how it was handled.
An advocate from the Nationwide Advocacy Service will listen to their concerns and explain the options available to resolve the complaint. The advocate works for the person you care for and will help them with the steps they choose to take to resolve the concerns.
The advocate is free and confidential. Deaf and refugee advocates are also available to help people. Advocates are separate from any service providers the person you care for might be complaining about and separate from the Health and Disability Commissioner.
Making a complaint to the Health and Disability Commissioner’s office
The person you care for can also make a complaint directly to the Health and Disability Commissioner about the health or disability service they received. The Commissioner will assess the complaint and decide the most appropriate way to resolve it.
Who to contact
In the first instance, the person receiving a health or disability service should make a complaint directly to the service they are wanting to complain about.
They can contact the Nationwide Health and Disability Advocacy Service on 0800 555 050 or email advocacy@hdc.org.nz to help them resolve their concerns.
A complaint can also be made to the Health and Disability Commissioner by using the online complaint form at hdc@hdc.org.nz or by contacting the Health and Disability Commissioner.
Making and resolving complaints with ACC
The ACC has its own code of rights which sets out what people should expect from ACC services when they claim compensation from ACC. These rights are found in the Code of ACC Claimants’ Rights, and include the right to:
- be treated with dignity and respect
- be treated fairly and have their rights considered
- have their culture, values and beliefs respected
- have a support person(s) present
- effective communication
- be fully informed
- have their privacy respected
- complain.
A person can complain directly to ACC by emailing customerfeedback@acc.co.nz or calling the Customer Support Service on 0800 650 222. To find out more, visit the Make a Complaint page on the ACC website.
People receiving compensation from ACC are also covered by Code of Health and Disability Services Consumers’ Rights and the Human Rights Act.
