View source for The Basic Recourse Process under CCALA

===“Complaint”===

:''“Is an expression of dissatisfaction when an expectation is not met. Although it may appear trivial from a health organization’s perspective, it is a very real problem to the complainant and should be taken seriously. Complaining is a patient/resident/ client/customer’s right and the health care organization has the responsibility to inform its customers how to complain”.''
 
:: - Health Association of B.C.

As part of the overall responsibility to assure and support the well-being of residents (“a person in care”), the operators of facilities licensed under the Community Care and Assisted Living Act (CCALA or “the Act”) and Residential Care Regulation are required to establish “fair, prompt and effective” processes for resolving complaints and disputes. ([[{{PAGENAME}}#References|1]]) The Act also requires operators to ensure that the resident is not subject to retaliation as a result of anyone expressing a concern (“making a report”). ([[{{PAGENAME}}#References|2]])Other Acts such as the  Human Rights Code offer similar non-retaliation  or protection safeguards. ([[{{PAGENAME}}#References|3]])

{| class="wikitable" 
|- valign=top
| width="100%" |'''Residential care regulations'''

|- valign=top
| width="100%" |''' Dispute resolution '''
 
60 A licensee must: 
:(a) establish a fair, prompt and effective process for persons in care and their parents or representatives, family members and contact persons to express a concern, make a complaint or resolve a dispute, 
:(b) ensure that there is no retaliation against a person in care as a result of anyone expressing a concern or making a complaint, and 
:(c) ensure that all complaints, concerns and disputes are responded to promptly.

|}

The Regulations require operators to inform residents and their representatives on admission about facility’s complaints process and how they can complain to the local health authority’s Medical Health Officer (Licensing) and the Patient Care Quality Office. ([[{{PAGENAME}}#References|4]]) Operators are also required to record any complaints they receive, plus document how they responded to them. ([[{{PAGENAME}}#References|5]])
   
Operators may identify the complaint process in the admission agreement and may specify how the person is expected to raise concerns.  Some operators may have an “internal ombudsperson” so that concerns can be directed to one person who will be responsible for follow-up.  It is important to note the law does not require the resident or other person to use a step by step (“start internally and escalate if necessary”) process.  Although this might commonly be advisable, there may be good reasons why a resident or other person might not do that. For example, the operator or people responsible for the internal complaint mechanism may be part of the problem, previous efforts may have gone unaddressed, or the effort has otherwise been shown to be futile.

Under Community Care and Assisted Living Act and the Regulations, operators are allowed to determine what their own complaints processes will be, as long as they meet the test of being “fair, prompt and effective.”([[{{PAGENAME}}#References|6]]) While this offers flexibility, this can result in wide variations in the complaints processes among the facilities across the province.  As a result, the BC Ombudsperson recommended the Ministry of Health take a more standardized (“specific, legalized”) approach with timeframes and records.  ([[{{PAGENAME}}#References|7]]) While on its face a laudable goal, there may be numerous challenges with a standardized approach. ([[{{PAGENAME}}#References|8]])