Guardian€ ad€ Litem€ Complaints€ and€ Handling€ Procedure€ · 2014. 12. 2. ·...
Transcript of Guardian€ ad€ Litem€ Complaints€ and€ Handling€ Procedure€ · 2014. 12. 2. ·...
Justice &
Attorney General
Guardian ad Litem Complaints and Handling Procedure
Scope and Purpose
This procedure applies to all complaints and feedback received about
Guardian ad Litem ('GAL') Panel Members in their capacity as either a member of the GAL Panel or as a GAL appointed in specific proceedings.
This procedure provides detailed guidance for handling complaints about GAL Panel Members. It must be read in conjunction with the Department of Justice and Attorney General's ('D JAG') standards for handling complaints specified in the policy ~/~_ ~_~d Otite; Feedb~:~ck.
The purpose of this procedure is to:
• Ensure that GAL Panel Members and the GAL Panel Coordinator
('LSB') meet the minimum D JAG standards for handling complaints. • Respond as quickly and effectively as possible to resolve complaints. • Use information from complaints and feedback to improve the
administration of the Guardian ad Litem Panel.
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Date of Effect: 29 February 2012 Page 1 of 8
Complaints from Clients
Complaint Handling of GAL Panel Members
The latest version of this procedure can be found on the GAL website at
www ._qa! nsw .qov au.
All GAL Panel Members must be aware of this procedure.
Client Options For Submitting A Complaint
The applicable GAL Panel Member, the Legal Services Branch ('LSB') or applicable Court/Tribunal may receive a complaint about a GAL Panel
Member.
Any person may make a complaint or provide feedback in the following manner:
• Verbally or in writing to the GAL
• By writing a letter to:
The Director
Legal Services Branch GPO Box 6 SYDNEY NSW 2001
• By sending an emailto d~rector Isb:~aqd.~ovau
• By sending a fax to 02 8224 5330
• By submitting the on line web form at www g3~ r;sw qov au
• Verbally over the telephone
The person making the complaint may be requested to put the complaint in writing if the matter is complex or contentious.
In accordance with D JAG standards for complaints handling in the policy M n~p/au~ts ar:,c; Other Feedback, GAL Panel Members and LSB
have an obligation to accept complaints made verbally in certain circumstances. This includes, but is not limited to, where the complainant
has a disability or limited English writing skills.
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Date of Effect: 29 February 2012 Page 2 of 8
Complaints
Recording Complaints in the GAL Panel Register
All incoming complaints must be recorded in the GAL Panel complaints register, situated at the Legal Service Branch, D JAG.
The register is maintained by the Guardian ad Litem Panel Coordinator.
Details of all complaints received directly by a GAL or LSB staff member must be forwarded to the Guardian ad Litem Panel Coordinator in person or
by email as soon as possible. The following information should be included where possible:
• Name of GAL;
• Proceedings number;
• Date of the complaint; and
• Source, for example subject person, legal representative, Court Tribunal or other.
All relevant documents about the complaint and its handling must be held on an official file. The file number/matter number must be recorded in the GAL
Panel complaint register.
Complaints that are received verbally and involve the following subject areas do not need to be recorded:
• That a GAL Panel member should not have been appointed to the client
in specific proceedings • That the GAL did not make the correct decision when acting in the shoes
of their client after considering all relevant information.
However, GAL Panel members are still required to explain to clients why they are unable to assist.
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Complaints
All incoming complaints must be classified by subject area in the complaints register. The Director, LSB/ Guardian ad Litem Panel Coordinator will
select from the following classifications. Where a single complaint covers multiple subject areas, the classification that reflects the primary or most significant area will be selected. Most classifications relate to the GAL Code of Conduct (CoC)
Use of the classification 'Other' will be limited as far as possible. The Director, LSB/Guardian ad Litem Panel Coordinator will determine if additional classifications are required.
SUB CLASSIFICATIONS
• Delay in contacting the Court/Tribunal or client once appointed in proceedings
• Delay in responding to the client or Court/Tribunal.
• Incomplete or inaccurate records kept of the proceedings
• Incorrect or inappropriate conduct of the GAL Panel Member
• Lack of experience or knowledge as a Guardian ad Litem
• Rudeness or disrespect • Perceived bias or partiality
CLASSIFICATION
Timeliness
(Section 7, CoC)
Accuracy of records (Section 15, CoC) GAL Panel Member
knowledge & competence (Sections 5, 13 and 16,
CoC) GAL Panel Member
conduct & professionalism
(Section 8, 9, 13 CoC) Invoicing and payment (Section 15, CoC) Access to GAL Panel Member
(Section 7, CoC) Published information
(Section 14, CoC) Policies & procedures
(Section 6, CoC) Legislation (Section 6, CoC)
• Timeliness of payment of invoices
• Accessibility to the GAL Panel Member
• Website information
Policy: Guardian ad Litem Code of Conduct
Breach of legal obligation as stipulated under legislation including but not limited to:
o Uniform Civil Procedure Rules
2O05 (NSW) o Civil Procedure Act 2005 (NSW) o Children and Young Persons (Care
and Protection) Act 1998 (NSW) o Administrative Decisions Tribunal
Act 1997(NSW) o Adoption Act 2000 (NSVV)
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Date of Effect: 29 February 2012 Page 4 of 8
to Complaints
Time Standards
The time standards for LSB responses are:
Complaints are acknowledged in writing within three (3) business days of receipt
Written responses are sent to the complainant within three (3) calendar weeks of receipt. If this is not possible, an interim response is sent to the complainant within three (3) calendar weeks.
Authority Of Staff Of Offer Redress
Where a GAL Panel Member considers it is appropriate to offer redress to
the client, in responding to a complaint, the following authorities apply. Where any doubt exists, staff should consult with the Director, LSB/
Guardian ad Litem Panel Coordinator before taking any action.
POSITION
Staff
(including GAL) Guardian ad
Litem Panel Coordinator
LSB Manager
LSB Director
AUTHORISED ACTION TO RESOLVE A COMPLAINT
• Offer a verbal apology for any error or delay in providing assistance to a client.
• Give priority to addressing the error or delay • As above
• As above plus
• Approve any written response • Make a written apology for a serous error or delay
which has led to the client incurring significant cost or inconvenience
• Refer complaint to Guardian ad Litem Professional
Advisory Committee (GALPAC) in accordance with section 17 of the GAL Code of Conduct (CoC)
• As above plus
• Offer alternative avenues for recourse
• Make a written apology for a systemic problem or any incident of staff misconduct
• Refer complaint to GALPAC in accordance with section
17 of the GAL Code of Conduct (CoC)
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and Escalating Complaints
Authority to Conduct Internal Reviews
The Director of D JAG generally conducts an internal review of a complaint. However, in his/her absence, the Manager or any other supervisor nominated by the Director LSB/Guardian ad Litem Panel Coordinator may conduct an internal review.
Requesting an Internal Review
Any person who has previously made a complaint may request an internal review of that complaint. Ideally the request should specify any concerns about the handling of the complaint and how the complainant considers these can be resolved.
It is preferable that the request is made to:
The Guardian ad Litem Panel Coordinator
Legal Services Branch GPO Box 6 SYDNEY NSW 2001
However a request for an internal review can also be made to the GAL
Panel Member, either in writing or verbally. The GAL Panel Member should refer the complaint to the GAL Panel Coordinator or Director, LSB.
Internal Review Time Standard
Internal reviews must be completed within three (3) weeks of receipt. If this is not possible, an interim response must be sent to the complainant within
three (3) weeks.
General Procedure for Internal Reviews
The general steps for conducting an internal review are:
• Assess the original complaint and related documentation.
• Contact the client to clarify the nature of unresolved concerns and his/her desired outcomes. Invite him/her to submit any further information.
• Contact the GAL Panel Member concerned to clarify any issues and to discuss options for resolution if appropriate.
• Prepare a written recommendation for resolution for approval by the Manager LSB.
After approval, prepare and send written advice to the client. It is also good
practice to telephone the client to explain the outcome personally.
Update the GAL Panel Complaints register with the outcome.
Retain all file notes, documents and approvals on the official file.
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a complaint it still unresolved, the complaint will be referred to GALPAC,
whose decision will be final.
GALPAC
Where a is matter referred, or following a further request after internal review, the GAL Panel coordinator shall arrange for a subcommittee of
GALPAC, consisting of one GAL, one LSB representative and one jurisdictional representative to review the complaint.
The GALPAC sub committee may inform itself in anyway it sees fit as to any
facts or issues relating to the complaint.
The GALPAC sub committee must provide an opportunity to the GAL to respond to all relevant information/allegations.
The GALPAC sub committee may decide to:
• dismiss the complaint;
• find the complaint upheld and record the findings; or • recommend to the Director General that the GAL be suspended or
removed from the GAL Panel.
The decision of GALPAC is final. No correspondence will be entered into.
Reporting and Analysing Complaints
The GAL Panel Coordinator LSB:
• Provides a verbal summary about complaints received at each monthly staff meeting
Submits a written report on complaints received to the Director LSB and
GALPAC within 21 calendar days of the end of each quarter, including an analysis of emerging trends.
Provides complaint numbers on a quarterly basis for inclusion in the LSB Report Card to the Executive (consistent with the counting protocol in the Departmental standards).
Presents an analysis of complaint trends at the annual GALPAC Planning Day so that participants can consider incorporating recommended action in the GAL Panel.
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Date of Effect: 29 February 2012 Page 7 of 8
Document information
Title:
Business Centre: _
Author: _ Approver:
Date of Effect: __
File Reference: _
Key Words:
Guardian ad Litem Complaints and Handling Policy
Legal Services Branch
Laura Joseph
Bernhard Ripperger
29 February 2012
07/2964
Guardian ad Litem Complaints and Handling Policy, GAL Complaints, GAL feedback
2 Document history
Version Date Reason for Amendment
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Date of Effect: 29 February 2012 Page 8 of 8