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The following information can be used as a guide for self advocacy, as well as to prepare you for the initial interview.
When you come to us we need all the documentation you have in relation to your grievance.
These questions may help you to clarify what your desired outcomes should be. They will help us to gain more clarity about the facts and issues we need to take into consideration when assisting you.
1. Clarifying the complaint
- What happened?
Try to remember exactly what happened?
- When and where did it happen?
At what time and on what date did the events leading to the complaint occur? Did it happen in your home, at work, at the local shopping centre, or somewhere else?
- Who is the complaint about?
You need to decide if the complaint is about:- an individual (what they did or did not do);
- or an organisation (their policies, procedures, services or equipment).
- Why did the event occur?
Were you treated differently because of your disability or were there other factors that led to the event? Were you treated just like anyone else and did that cause a problem because you have a disability?
2. Deciding what you want to do about the complaint
Once you have sorted out in your mind what the complaint is about - about what and when the event happened, who was involved and why it happened - you need to work out what you want to do about it.
After you have sorted it out and now your anger has had a chance to settle down, you may feel that the problem is not as bad as you thought, and in the end you do not really want to do anything about it at all. That's okay.
However you may feel that the complaint is serious and should be addressed by the person or the organisation.
- What do you want to achieve?
If you still want to continue with your complaint you need to work out what you want to achieve. You need to be realistic both about what is your ideal outcome and what you are willing to accept. For example you might want an apology and a change in the policy of the organisation. You may however be prepared to accept an apology.
Often people are clear about what they feel went wrong, but not necessarily about how it could have been done better or what will be allow the problem to be resolved. Being clear about what you want and what you are prepared to accept is an advantage when it comes time to negotiate.
- A quick phone call?
Quite often a complaint can be worked out with a quick phone call or by speaking directly to the person involved.
For example: a care worker yelled at you. It may be sufficient to tell the person that you did not like it when they yelled at you, because you found it intimidating. There is a strong chance that they will say "Sorry, I will not do it again." If necessary, obtain an agreement from them about what steps will be taken to ensure it cannot reoccur.
- A written complaint?
You may feel that the complaint is too serious to be handled by talking directly to the person, or it is too uncomfortable to do it that way. If so, you may decide to make a written complaint, either to the person involved or to their supervisor or manager.
- Decide if you need assistance with the complaint.
In the process of resolving your complaint you may decide you want help from other people: You may want help in planning your approach. You may want help writing letters. You may want somebody you can talk to about what happened. You may want somebody to attend meetings with you for moral support or to take notes. You may need more information.
It is okay to ask for help and support, even if the person or organisation you are making the complaint against tells you not to go to anyone else.
3. Who should you complain to?
Obviously this depends on what the complaint is about and who it is made against. Many organisations have a set procedure for lodging a complaint that states who shall receive the complaint. It is always wise to find out what this procedure is. The organisations will usually tell you how to lodge a complaint with them. If an organisation does not have a grievance or complaints process or policy, then approach the Manager or Chief Executive Officer, or whoever is in charge. If no-one in the organisation will assist you, you can always ask for assistance from an outside agency like the Disability Advocacy and Complaints Service of South Australia Inc.
4. Taking notes and keeping letters
Remember to write things that people have said to you during the complaints process. Making notes of your conversations may later on if you ask for someone to help you. Keep any letters that the organisation sends you.
Make sure you ask for the name of the person you are talking or writing to and their job title. Explain the problem, as calmly as you can. Let them know what your ideal solution to the problem is. Then ask them for a response. If you are talking to the person make notes about what they say. It is often a good idea to tell them what you understand they have just said. If they agree with your notes, you will know that you have a good record of the conversation.
This may seem like a lot of effort on your part but it is worth it. In the future you may need to send further letters or provide further information, all of which you can retrieve out of your well-documented file. It helps if you can easily find information you are looking for and have evidence to back up your claims.
5. Negotiation
Negotiation skills are very useful in resolving a complaint. Negotiation is concerned with resolving conflict between two or more parties, by the exchange of concessions, or by working out the best strategy so that both parties agree on a solution. Negotiating is a way of letting people know what you feel, why you feel it and what you want. The service, the person, the world won't know you want a change unless you ask for it. Negotiating can result in the resolution of your complaint.
The basic principles of negotiating are:
- Be sure that you are clear about what you want before you start your negotiating.
- Talk it over with someone first if you need to; Have options, such as a minimum acceptable result and one or two preferred outcomes Keep inventing options if necessary; Offer the other party something they will value and which you can afford to give up.
- Understand and use your power. Be aware of your power bases and if necessary try to build some power where you might lack it.
- Try to remain calm and polite even though this can be very hard to do.
- Listen carefully to what is being said by the other person. Don't just assume you have heard a major point correctly.
- Ask questions or feed it back to the other negotiator in your own words until you are sure that you understand exactly what is being said.
- Feel free to walk away. There are times when it is the only thing to do. Without this option you may find yourself trapped in an agreement you are not happy with. Always try to walk away with some indication to the other party that you are open to negotiations being started again later.
Treat negotiating as an interesting challenge rather than something to fear.
The aim of this information sheet is to assist you to act on your own complaint. If you should need further assistance do not hesitate to contact The Disability Advocacy and Complaints Service of South Australia Inc.
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