Introduction
Neighborhood Team Social, part of Incluzio, hereinafter referred to as: Incluzio.
Incluzio strives for satisfied customers and stakeholders. A complaint is the opposite of satisfaction. Therefore, we consider the prevention and resolution of complaints to be of great importance. We realize that filing a complaint can be a difficult step for a customer. At the same time, it is for
It is not always easy for employees to handle a complaint. A good complaints procedure can help both parties with this.
The guiding principle of the complaints procedure is that complaint handling takes place in an accessible, careful, and effective manner. The client must feel safe to discuss their dissatisfaction at an early stage and preferably does so with the care provider with whom they are dissatisfied. If a direct conversation has not led to the desired solution, or if the intervention of a third party is desired, the client or third parties may file a complaint as described in the complaints procedure. The complaints coordinator of the organization providing the assistance, guidance, or support will then contact the person filing the complaint.
The complaints coordinator coordinates the further handling of the complaint. In doing so, the complaints coordinator seeks a satisfactory solution for both parties. If a satisfactory solution for both parties cannot be reached, the complaint may be forwarded to Incluzio’s complaints officer. If the handling of the complaint by the complaints officer also does not lead to a satisfactory solution for both parties, the complainant will be informed of the possibility to submit the complaint to an external independent complaints officer or complaints committee. The manner in which complaints are handled is described in the complaints regulations. These regulations also contain the safeguards that are important for the proper performance of the functions of complaints coordinator and complaints officer.
By implementing the complaints procedure, we aim to take complaints seriously, resolve them, and also learn from them to prevent them in the future.
I. General provisions
Article 1 Definitions
1.1 For the purposes of these regulations, the following is understood to mean:
a. provider: The organization that provides a service to the customer;
b. services: All services provided by the provider or employees of the
provided by the provider to the customer pursuant to the Wmo, Wlz and Zvw;
c. customer: The natural (adult) person who provides services
requests or to whom the provider provides or has provided services;
d. representative: The representative of the customer as defined in the
Wmo or Wkkgz;
e. service provider: A natural person who professionally (in employment,
provides care on behalf of the provider as a temporary agency worker, seconded employee, or self-employed professional (ZZP);
f. Board of Directors: The Board of Directors of the provider;
g. management: The relevant management of the provider;
h. complaint: An expression of dissatisfaction submitted to the provider orally, in writing by letter, by email, or via the website regarding conduct (decision, action, or omission) towards the complainant by the service provider or a service provider against which the complainant objects;
i. disputes committee: The disputes body as referred to in Article 18, paragraph 1 of the Wkkgz to which the provider is affiliated;
j. surviving relative(s): Surviving relative(s) within the meaning of the Wkkgz;
k. complainant: The person (customer, representative or next of kin) who has filed a complaint in accordance with the complaints regulations;
l. defendant: The provider (or a part thereof) or the service provider to whom the complaint relates; m. customer council: The customer council of the provider established for the collective protection of the interests of the provider's customers; n. complaint coordinator/complaint handler: The person designated by the provider who can, at their request, support complainants regarding their complaint options, assist in formulating and submitting their complaint, investigate possibilities for resolving the complaint, and act as a mediator. The complaint coordinator is impartial and performs his duties independently of the provider, the complainant, the defendant, and other parties involved;
o. Complaints Officer: The person designated by Incluzio BV who can, at their request, support complainants and the provider regarding their complaint options, investigate possibilities for resolving the complaint, and act as a mediator when this has not been successful with the Complaints Coordinator. The Complaints Officer acts impartially and carries out his duties independently of the provider, the service provider, the complainant, the defendant, and other parties involved;
p. date of complaint: The day on which the complaint was received by the complaints coordinator or the date on which the complaints coordinator, in consultation with the complainant, determines that the complaint was submitted;
1.2 This regulation is based on: Article 3.2 paragraph 1a of the Wmo and Article 13 paragraph 1 of the Wkkgz and applies to the services provided by the provider.
1.3 In the event of ambiguity regarding the interpretation of terms and definitions in this regulation, reference shall be made to the definitions as used in the Wmo and Wkkgz.
1.4 This regulation enters into force on 16-10-2024 and applies to complaints submitted from that date.
1.5 Where the masculine verb form is used in these regulations, the feminine form should also be read and vice versa.
II Complaints handling
Article 2 Point of contact for complainants
2.1 A complainant who is dissatisfied with conduct towards a customer in the context of the service provision may discuss this with:
a. The service provider (assistant, supervisor, coach, supporter) and/or their supervisor;
b. The complaints coordinator or handler of the local company;
c. The complaints officer.
Article 3 Handling of complaints by service provider and supervisor
3.1 The provider and service provider shall ensure that customers and their representatives are sufficiently informed about the complaints procedure at the start of the service provision. The provider shall publish the complaints procedure on its website, make it accessible to and known to its employees, and refer to it in customer folders and brochures. During the service provision, service providers shall, if necessary, draw the attention of dissatisfied customers and their representatives again to the complaint options set out in this procedure.
3.2 The service provider shall give the client and their representative(s) or next of kin the opportunity to discuss their dissatisfaction with him. With the consent of the client and/or their representatives, the service provider may involve others (for example, a colleague, supervisor, or complaints coordinator) in this process if he believes that this will facilitate a solution.
3.3 The service provider discusses, with the consent of the customer and/or their representative(s),
or surviving relatives the dissatisfaction within the team of which he is a part, with the aim of eliminating the dissatisfaction and preventing dissatisfaction from arising again.
3.4 The second and third paragraphs apply accordingly to the colleague, supervisor of the service provider, or complaints coordinator when the client and/or their representative(s) or next of kin approach them directly.
Article 4 The position of the complaints coordinator
4.1 The provider designates a complaints coordinator at the local level, who:
a. Provides advice to a complainant at their request regarding the lodging of a complaint;
b. May possibly assist the complainant in formulating the complaint;
c. Can investigate the possibilities to reach a solution;
d. May mediate to reach a solution to the satisfaction of the complainant and the defendant for the complainant and the service provider.
4.2 The complaints coordinator acts impartially and carries out his duties independently of the provider, the complainant, the defendant, and other parties involved. Within the framework of the job description, he personally determines the course of action for handling a complaint.
4.3 The complaints coordinator safeguards the autonomy of the provider, the complainant, the defendant, and other parties involved. These parties make their own choices and bear responsibility for them. The complaints coordinator stands between them and supports them in making their choices and seeking a solution.
4.4 The complaints coordinator does not make a ruling on the merits of the complaint or any part thereof. For this reason, the complaints coordinator is reserved in giving his opinion or providing advice on what a party can best do.
4.5 The complaints coordinator performs his duties without substantive interference from the provider and is not disadvantaged by the provider due to the manner in which he performs his duties.
4.6 The complaints coordinator is not involved in the matter to which the complaint relates. In the event of direct or personal involvement with a complaint, complainant, or defendant, the complaints coordinator shall be replaced.
4.7 The provider shall ensure sufficient staffing so that the role and duties of the complaints coordinator can always be adequately fulfilled, which includes, in any case, acting as a substitute during illness, vacation, or other absences.
4.8 The provider offers the complaints coordinator the opportunity and resources reasonably required to adequately perform his duties, such as attending relevant education and peer supervision, access to professional literature, and the possibility to seek (external) advice in complex situations.
Article 5 Duties and powers of the complaints coordinator
5.1 The complaints coordinator has the following tasks and responsibilities
a. Receiving complaints and providing (initial) support and guidance regarding complaints;
b. Guiding and monitoring the complaints procedure;
c. Obtaining and sharing information with care or service providers, supervisors, and the board of directors, and consulting relevant documents such as the client file, after obtaining permission from the complainants;
d. Informing persons considering filing a complaint and, if requested, assisting them in formulating it;
e. Investigating possibilities for resolving the complaint and providing guidance in this regard in order to reach a sustainable solution for the complaint;
f. Act as an impartial mediator between the complainant and the defendant;
g. Informing complainants, defendants, and management about complaints as stipulated in these regulations;
h. Report to the Management on the outcomes of the investigation and the results of complaint handling in individual complaint cases as stipulated in this regulation;
i. Report to the Management Board and the Executive Board on the outcomes of the
investigation and the results of the complaint handling in individual complaint cases as determined in this regulation;
j. Providing solicited and unsolicited advice to management, supervisors, and care providers regarding their handling of complaints in general;
k. Providing solicited and unsolicited advice to the management if he identifies structural causes of complaints within the organization.
5.2 The complaints coordinator focuses on achieving a sustainable solution to the problem and on restoring the relationship between the complainant, the service provider, and the provider.
5.3 If a lasting solution between the complainant and the defendant is not reached, the complaints coordinator informs the customer of the possibility to forward the complaint to the complaints officer of Incluzio BV.
5.4 The complaints coordinator carefully records his contacts with complainants in the complaint file, as well as the activities performed in response thereto and the results thereof.
III Complaint Handling
Article 6 Filing a complaint
6.1 A complaint is submitted to the provider by presenting it to the complaints coordinator via the complaints web form, in writing by letter, verbally at the counter, or by telephone. The complaints coordinator receives complaints.
6.2 A complaint can be submitted by:
a. The customer;
b. His representative(s) or his next of kin, provided that he is authorized or a
can demonstrate clear involvement;
c. The municipality;
d. A professional (customer involved);
e. A collaboration partner.
6.3 Clear involvement means that the person filing the complaint on behalf of
the client has a demonstrable relationship with or interest in the client's situation, making it logical for this person to act on behalf of the client. Clear involvement takes various forms, namely:
• Legal representative: For example, parents, guardians, or curators of
minors or persons lacking the capacity to consent. Their role automatically gives them the
right to act on behalf of the client.
• Family member or close relative: A partner, child, or other family member who is closely involved in the care and well-being of the client. In many cases, these people are well aware of the
height of the client's situation and can they act in their interest, but
It is often necessary for them to be able to demonstrate that they are authorized.
• Support worker or mentor: A mentor or another care professional involved in supporting the client who wishes to act on behalf of the client. Here too, authorization or consent from the client may be required.
• Complaint with the customer's permission: The customer can personally authorize someone to file a complaint on their behalf, such as a friend, neighbor, or advocate. This is often recorded in writing.
6.4 If a complaint is submitted by a representative, the customer must be informed thereof, unless there is a legal reason or situation where this is not possible, necessary, or permitted.
6.5 A person who believes that he is wrongly not considered as a representative of a client may file a complaint regarding this.
6.6 For privacy reasons, the defendant may not be permitted to discuss care-related complaints from parties involved regarding a client with those parties, or not fully.
6.7 If a complaint is submitted directly to the management, supervisor,
service provider, it is then up to the management, supervisor, or service provider to refer the complainant to the complaints coordinator.
Article 7 Jurisdiction and admissibility
7.1 The complaints coordinator assesses whether he is authorized to handle the complaint.
7.2 In the following cases, the complaints coordinator is not authorized to handle the complaint:
a. The complaint relates to services that were not provided by the provider;
b. The services to which the complaint relates were provided by a person who was not a service provider at the provider during the provision of those services;
c. The client receives services to which the Wmo, Wlz, or Zvw do not apply.
7.3 If a complaint is not processed because it does not relate to the provider, the complaints coordinator shall inform the complainant of this and, if necessary, advise the complainant to whom the complaint should be addressed.
7.4 The complaints officer declares a complaint inadmissible if:
a. A similar complaint from the complainant has already been handled by the provider;
b. A similar complaint is still being processed;
c. It concerns a complaint that has already been brought before the independent external complaints committee, (municipal) ombudsman, disputes committee, or the court, or in which the external independent complaints committee, disputes committee, or the court has already ruled on the substance;
d. The complaint is filed by a person who is not authorized to do so;
e. The complaint relates to an event that took place more than two years ago, unless the Board of Directors has chosen, in individual cases, due to special circumstances and/or reasonableness and fairness, not to rely on this time limit.
f. The complaint concerns another organization.
7.5 If the complaints coordinator determines that he lacks jurisdiction or determines that the complaint is inadmissible, he shall notify the complainant thereof in writing and with reasons.
Article 8 Procedure for handling a complaint
8.1 The complaint is registered in the complaint system, thereby creating the complaint file.
8.2 The complainant receives an acknowledgment of receipt immediately upon submission of a complaint via the website.
8.3 If the complainant submits a written request to the complaints coordinator and the coordinator is unable to sufficiently place the content of the complaint or is in doubt as to whether the content of the message should be interpreted as a complaint, the complaints coordinator shall consult with the complainant to determine by mutual agreement whether a complaint exists, what its content is, and which complaint date applies.
8.4 If there is a complaint as discussed in section 8.3, the complaints coordinator will refer the customer to the website or add the complaint to the complaints system themselves.
8.5 The complaints coordinator contacts the complainant as soon as possible, but no later than five working days after the date of the complaint. The complaints coordinator records his attempts to make contact.
If the complainant cannot be reached within five weeks following the complaints officer's first attempt to make contact, the complaint will be considered withdrawn. The complainant then retains the right to submit the complaint at a later date, subject to the statute of limitations.
8.6 The first meeting between the complaints coordinator and the complainant is aimed at ensuring that the complainant is heard. Furthermore, during this meeting, the complainant is informed about the complaints regulations and, if necessary, assisted in formulating the complaint. They may also discuss the options for resolving the complaint. If, based on this meeting, the complainant decides to file a formal complaint or to pursue the complaint, they will make agreements regarding the manner in which they will involve the defendant in this process.
8.7 The complaints coordinator organizes the further process at their own discretion and does so in accordance with these regulations, the law, applicable agreements, and applicable rules.
8.8 The complaints coordinator investigates the complaint and the possibilities for resolving the complaint and ensures that:
a. The complainant and the defendant engage in a conversation with each other as well as possible;
b. The outcome of this investigation is set out in writing and is known to the complainant and the defendant.
8.9 With the complainant's consent, the complaints coordinator may be assisted in his investigation by other employees of the provider, provided that this investigation is not conducted by someone involved in the matter to which the complaint relates or who has a personal involvement with the complaint, the complainant, or the respondent.
Article 9 Complaints which also seek compensation for damage
9.1 If the complaint also extends to compensation for damage suffered:
a. The complaints coordinator inquires with the complainant regarding the nature and extent of the alleged damage and the amount claimed;
b. The complaints officer forwards the complaint directly to the supervisor and the board of directors so that they can inform the provider's liability insurer in a timely manner.
9.2 The complaints officer and any external experts do not rule on the merits of the claims for compensation by the complainants.
9.3 The provisions in these regulations to resolve the complaint remain in full force and effect, with the understanding that the Board of Directors may at any time review the progress of the complaint handling and may take a more active role therein on behalf of the provider.
Article 10 Withdrawn and resolved complaints
10.1 A complaint will not be processed further if the complainant withdraws the complaint. The complainant may withdraw the complaint at any time by notifying the complaints officer in writing by letter or email. The complaints officer will confirm this in writing by letter or email to the complainant and the respondent.
10.2 If, following the intervention of the complaints officer, the complaint has been resolved to the satisfaction of the complainant and the respondent, the complaints officer shall confirm this in writing by letter or email, with a brief explanation, to the complainant and the respondent.
Article 11 Integrated Care
11.1 If a complaint relates to services offered by multiple providers in conjunction with each other, the complainant must indicate that he has also submitted the complaint to other providers. If the complainant wishes for a combined handling of the complaint, the provider shall enter into consultation regarding this with the other care and/or providers with whom the complaint has been submitted.
11.2 In situations as referred to in 11.1, the provider shall agree with the other providers on how the complaint will be handled, so that this leads to a joint judgment of the joint providers or a coordinated judgment of the various providers individually.
IV Complaints Officer Incluzio BV
Article 12 The position of the complaints officer
12.1 Incluzio BV designates one or more suitable persons as complaints officers, who;
a. Advise the complainant and/or complaints coordinator regarding the submitted complaint;
b. At the request of the complainant and/or the complaints coordinator, investigate the possibilities of reaching a solution when this has not yet been achieved at the local level;
c. Mediate to reach a solution satisfactory to the complainant and the provider.
12.2 The complaints officer acts impartially and carries out his duties independently of Incluzio BV, the provider, the complainant, the respondent, and other parties involved. Within the framework of the job description, he determines the course of action for handling a complaint himself.
12.3 The complaints officer does not make a ruling on the merits of the complaint or any part thereof. For this reason, the complaints officer is reserved in expressing his opinion or advising a party on the best course of action, which does not affect the fact that the complaints officer may declare himself incompetent on the grounds referred to in Article 8, declare a complaint inadmissible on the grounds referred to in Article 8, and provide the provider with general advice unrelated to a complaint.
12.4 The complaints officer performs his duties without substantive interference from Incluzio BV and/or the provider and is not disadvantaged by the provider due to the manner in which he performs his duties.
12.5 The Complaints Officer shall not perform his duties in combination with other executive tasks at Incluzio BV or another organization if such a combination could compromise his independence.
12.6 The complaints officer is not involved in the matter to which the complaint relates. In the event of direct or personal involvement with a complaint, complainant, or defendant, the complaints officer shall be replaced.
12.7 Incluzio BV offers the complaints officer the opportunity and resources reasonably required to adequately perform his duties, such as attending relevant education and peer supervision, access to professional literature, and the possibility to seek (external) advice in complex situations.
Article 13 Duties and powers of the complaints officer
13.1 The complaints officer has the following tasks and responsibilities:
a Receiving complaints and providing (initial) support and guidance regarding complaints after the complaint has been handled locally and forwarded by or on the recommendation of the complaints coordinator;
b. Assess whether the handling of the complaint can be performed by the complaints officer or by the external independent complaints officer. The complaints officer informs the complainant if the handling of the complaint is
transferred to the external independent complaints officer;
b. Obtaining and sharing information with care or service providers, supervisors, and the board of directors, and consulting relevant documents such as the client file, after obtaining permission from the complainants;
c (Follow-up) investigation of possibilities for a solution to the complaint
satisfaction for the parties involved and providing guidance in this regard in order to arrive at a sustainable solution to the satisfaction of the parties involved;
d. Act as an impartial mediator between the complainant and the defendant and possibly
complaints coordinator;
e. If a lasting solution cannot be reached between the complainant and the defendant, and the complainant is unwilling or unable to acquiesce to the outcome, the complaints officer shall inform the complainant of the possibility of engaging an independent complaints committee (Wmo) or disputes committee (Wkkgz);
f Informing complainants, respondents, and the complaint coordinator about the outcomes of the investigation and the result of the complaint handling in individual complaint cases as stipulated in the regulations;
g Report to the Management on the outcomes of the investigation and the results of complaint handling in individual complaint cases as stipulated in this regulation.
13.2 The complaints officer records contacts with complainants, the respondent, and/or other parties involved in the complaint in the complaint file. Based on this registration, the complaints officer periodically prepares an anonymized report containing the number of complaints, the nature of the complaint, the proposed solution/method of handling, and possible recommendations.
13.3 If the complaints officer is of the opinion that he cannot perform his duties properly or is of the opinion that he is being disadvantaged due to the exercise of his function, the complaints officer shall report this in the first instance to his supervisor or, otherwise, to the Management Board.
Article 14 Complaints about the complaints coordinator or complaints officer
14.1 The complaints coordinator shall give a complainant the opportunity to discuss his dissatisfaction with the conduct of the complaints coordinator with him. With the consent of the complainant, the complaints coordinator may involve the complaints officer in this process if he believes that this will facilitate a solution.
14.2 The complaints officer shall give a complainant the opportunity to discuss his dissatisfaction with the conduct of the complaints officer with him. With the complainant's consent, the complaints officer may involve his supervisor in this process if he believes that this will facilitate a solution.
14.3 If, in the complainant's opinion, the consultation referred to in sections 8.1 and 8.2 has not led to a satisfactory solution, or if the complainant does not wish to engage in such consultation, he may express his dissatisfaction directly to the management of the provider.
V External Complaints Committee
Article 15 External Complaints Committee (Wmo)
15.1 If a complaint regarding Wmo services is not resolved to the complainant's satisfaction by the provider and the complainant does not accept the outcome, the complainant has the option to submit the complaint to an external complaints committee. This means that the complainant may only submit a complaint to the complaints committee after the complaints procedure with the provider, as described in these regulations, has been completed.
15.2 The complaints officer plays an active role in informing the complainant of the possibility to submit the complaint to an external complaints committee.
15.3 Incluzio BV uses several external complaints committees. Please inquire which complaints committee you should contact.
VI Disputes Committee and the court.
Article 16 Disputes Committee and the court (WkkgZ)
16.1 If a complaint regarding Wlz/Zvw services is not resolved to the complainant's satisfaction by the provider and the complainant does not acquiesce to the outcome, a dispute arises. This means that the complainant may only submit a dispute to the Disputes Committee after the complaints procedure with the provider, as described in these regulations, has been completed.
16.2 The complainant may submit a dispute to the Disputes Committee if he is of the opinion that:
a. The healthcare provider has acted in violation of this regulation or Articles 15 to 17 of the Wkkgz;
b. In his opinion, the decision referred to in Article 15.1 of these regulations does not sufficiently resolve his complaint;
c. It cannot reasonably be expected of him that, under the given
circumstances his complaint first submits to the healthcare provider in accordance with these regulations.
16.3 The complainant may also bring a dispute of which a request for compensation is part before the competent court. A dispute may not be submitted for consideration by both instances simultaneously.
16.4 The advisory task of the complaints officer referred to in this regulation also includes informing the complainant about the disputes committee and the court.
VII Other provisions
Article 17 Archiving and retention period of the complaint file
17.1 The complaints officer keeps all documents relating to a complaint in the (digital) complaint file. The complaints officer ensures that this is done carefully and securely. The complaint file is retained for up to five years after the complaint is closed, unless the care provider deems it necessary to extend this retention period.
17.2 Documents relating to the handling of the complaint are not kept in the electronic customer file.
Article 18 Confidentiality
18.1 Anyone involved in the handling of complaints who obtains access to information of which he knows or ought reasonably to suspect the confidential nature is obliged to keep it confidential, except insofar as a statutory provision requires disclosure or the necessity for disclosure arises from his duties in the implementation of the complaints regulations.
Article 19 Costs
19.1 The provider shall not charge the complainant or the person to whom the complaint relates any costs for the handling of complaints.
Article 20 Publication and evaluation of the complaints regulations
20.1 The provider brings this regulation to the attention of the customers and their
representatives by drawing their attention to this when entering into the agreement, by providing, upon request, a copy of the regulations and/or a brochure with a simplified explanation and other relevant information, as well as by posting the regulations with a simplified explanation and other relevant information on the provider's website.
20.2 The provider evaluates the complaints procedure within one year of its entry into force and thereafter every two years or sooner if deemed desirable.
Article 21 Monitoring and Learning
21.1 The provider includes a report in the reporting every six months. This report contains:
a. The number of complaints;
b. The nature and content of the complaints;
c. The rulings made regarding the complaints;
d. Measures taken in response to complaints.
21.2 Reports or records do not contain personal data and data cannot be traced back to an individual.
21.3 Based on the reports and documentation, complaints, causes, and recommendations are analyzed and evaluated. And improvements are implemented if necessary and possible.
Article 22 Unforeseen circumstances
22.1 In situations not provided for by the Regulations, the Board of Directors shall decide in accordance with applicable laws and regulations.
Article 23 Adoption and amendment of regulations
23.1 The regulations are adopted and may be amended by the Board of Directors.
23.2 The Board of Directors submits proposed decisions regarding the adoption or amendment of the regulations to the (central) Customer Council for approval.