1. —empowering older Victorians
Elder Rights Advocacy
—empowering older Victorians
Elder Rights Advocacy

2. Elder Rights Advocacy
ERA is funded by the Australian Government as part of the National Aged Care Advocacy program and is a member of OPAN.
ERA is managed by a voluntary board including older people.
ERA is an independent service, free and confidential to consumers with a focus on positive outcomes for the care recipient.
Elder Rights Advocacy

3. Recipients of Australian Government aged care services, residential and home care.
People who have been assessed by an aged care assessment service (ACAS) or regional assessment service (RAS)
Carers and clients of the above services throughout Victoria
Who Is The Service For?
Elder Rights Advocacy

4. Regular Issues Lack of consultation. Poor care planning. Care issues.
Behaviour management.
Verbal, emotional, physical abuse of residents.
Financial issues.
Lost property.
Fear of reprisals for speaking up.
Security of tenure.
Elder Rights Advocacy

5. Requirement for Internal Complaints Resolution Process
S56-4(1) Aged Care Act 1997 (Cth) requires:
That each approved provider establish an internal complaints resolution process to address any complaints raised about the service by or on behalf of someone to whom care is provided through the service.
Elder Rights Advocacy

6. Accreditation Standards
1.4 Comments and complaints
Each care recipient (or his or her representative)
And other interested parties have access to internal and external complaints mechanisms.
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7. Accreditation Standards
3.9 Choice and decision making
Each care recipient (or his or her representative)
participates in decisions about the services the care recipient receives and is enabled to exercise choice and control over his or her lifestyle while not infringing on the rights of other people.

8. Charter of Care Recipients Rights
The Charter of Residents’ Rights and Responsibilities
Each resident has the right to complain and take action to resolve disputes; and
Each resident has the right to be free from reprisal or a well-founded fear of reprisal in any form for taking action to enforce his or her rights.
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9. Home Care Common Standards
3.3 Complaints and service user feedback
Complaints and service user feedback are dealt with fairly, promptly, confidentially and without retribution.

10. Charter of Care Recipients Rights Home Care
Each care recipient has the following rights
To be given information on how to make complaints about the care and services received
To complain about the care and services without fear of loosing the care or being disadvantaged in any other way
To have complaints investigated fairly and confidentially, and to have appropriate steps taken to resolve issues of concern

11. Section 18.4 Quality of Care Principles
18.4 A reference to a “care recipient (or his or her representative)” is a reference to:
The care recipient; or
The care recipient’s representative; or
Both the care recipient and his or her representative.
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12. Section 18.4 Quality of Care Principles
Examples of a representative:
Advocate
Carer
Legal guardian
Relative
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13. What Are Complaints?
“ A complaint is any expression of dissatisfaction with a product or service offered or provided.” Australian Standard - Complaints Handling AS 4269 – 1.4.2
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14. At the Centre of a Complaint there is someone receiving care

15. Why Are Complaints “Good”?
Consumers’ complaints are one of the most important and valuable sources of information for any business about the quality of the products and services offered by that business.
Consumer complaints offer opportunities for business to hear what may be going wrong or causing consumer dissatisfaction.
Elder Rights Advocacy

16. The Complaints Journey
It is OK to make a complaint
Opportunity for the service provider to become aware of issues
To find solutions and improve their care and services
Elder Rights Advocacy

17. Elder Rights Advocacy

18. Who should I speak to ?
If raising a complaint in person speak to the right person,
The Case Manager
The RN in charge
The Clinical Care Coordinator
The Service Manager

19. Being Understood What do you intend to communicate
What are you actually saying
What is the other person hearing
Avoid information overload
Remain calm
Notice body language
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20. Put it in Writing Collate relevant information
Present it in a logical sequence
Focus on the facts - times , dates , names, responses
Outline steps already taken to resolve the problem
Be clear about the outcome you want to achieve.

21. Common Pitfalls Attitudinal Factors
An institutional culture where complaints are not valued.
Complaints are not taken seriously, or acted upon.
Complaints are seen as “bad” and therefore to be avoided.
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22. Common Pitfalls Attitudinal Factors
Barriers are put in place to make it difficult for people to express their concerns.
Complainants are seen as “troublemakers” and are therefore not to be taken seriously.
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23. Common Pitfalls Attitudinal Factors
Complainants feel “guilty” or “ungrateful” for making complaints.
Complainants fear retribution for complaining.
Complainants may be told to, “go elsewhere if you don’t like it here!”
Elder Rights Advocacy

24. Complaints Handling
Staff will need to be trained in a complaints philosophy that recognizes a complaint as an opportunity to provide an even better service.
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25. A Quality Partnership
The Aged Care Act is premised on a ‘partnership’ approach to care. This should:
treat parties as equals;
establish trust;
ensure good communication;
ensure respect for rights;
ensure good quality service and care.
Elder Rights Advocacy

26. Case study - Residential care
June and John have been married for over 40years, John was diagnosed with Dementia four years ago. June who is 82years old has been caring for John at home with limited support.
John started to refuse a shower, he did not want to change his clothes and was becoming angry with June when she encouraged him to eat or drink or take his medications. June finally decided that it was time for John to enter residential care as she was no longer able to care for him at home. It was a difficult decision but one supported by the whole family.
Elder Rights Advocacy

27. June’s Expectations
That John would be showered and have clean clothes.
That his nutrition and hydration needs would be met.
That his medications would be administered.
That her relationship with John would be recognised and her role in his ongoing care valued.

28. Junes Experience
Calls from the facility to tell June that John was being aggressive with staff and that he was refusing to take his medications.
Staff reporting to June that John was refusing a shower.
John wearing the same clothes for days at a time.
John loosing weight.

29. June’s Experience
June spoke to one of the friendly carers who was sympathetic but who told her that it was difficult to care for John as they did not have enough staff to spend the time required. She assured June that they was doing their best. June considered taking John home, she considered paying for a private carer and she looked at other facilities.

30. June’s Complaint Issues
Communication
Medication administration
Personal hygiene
Nutrition and hydration
Care planning
Behaviour management