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The Lump Sum Grant Independent Complaints Handling Committee (ICHC) was set up in April 2009 according to the recommendation No. 33 of the Review Report on the Lump Sum Grant Subvention System (LSGSS) issued in December 2008. The ICHC handles Lump Sum Grant (LSG)-related complaints that cannot be dealt with satisfactorily by subvented non-governmental organisations (NGOs). It also relays decisions and recommendations to the Social Welfare Department (SWD) for appropriate follow-up action to enhance the LSGSS.

 
   

 

ICHC is comprised of 8 independent individuals. Chairman and Members were all appointed by the Secretary for Labour and Welfare of the Hong Kong Special Administration Region Government. Each term of membership lasts for 2 years. SWD is providing Secretariat support to ICHC. 

    Membership list of the Second Term download (Acrobat Document)

 

    

 

Members of ICHC and I are all independent individuals with great concern on the effective use of government subventions to welfare NGOs and the provision of quality service of NGOs. We would follow up all complaints that cannot be satisfactorily handled by the concerned NGOs in a serious and fair manner, and make suggestion to the NGOs concerned to make improvement for better quality service for the well being of the citizens. 

 

As for the NGOs, proper handling complaint is a mark of good corporate governance. It is not only the duties of management staff or Head of the NGO but also the governing Board of the NGO which is responsible for the good performance of the organisation. In handling complaints, NGOs should hold patient and helpful attitude in listening to and understanding the complainants, address complaints in a fair and professional manner and communicate the outcomes honestly and expeditiously with the complainants. 

 

As for the complainants, I trust that they are responsible persons for forwarding their views to ICHC and being frank and not afraid to disclose their personal identity and contact means to the NGOs and ICHC so that their complaints can be handled thoroughly and in a fair manner, with adequate and necessary information. We would ensure the personal data be kept confidential. For effective functioning of the ICHC, all parties' involvement and trust among each others are most essential. 










 

   Mr Herman HUI, BBS, MH, JP
   Chairman, ICHC 

   

1. 

To receive LSG-related complaints against welfare NGOs which cannot be satisfactorily resolved at the NGO level. 

2. 

To handle LSG-related complaints such as misuse of subventions, NGOs' management decisions that have a direct impact on service performance and non-compliance with service requirements. 

3. 

To relay the Committee's decisions and recommendations to SWD so that follow-up action may be taken, as appropriate, to enhance the LSGSS. 


 
 

 ICHC will not normally handle :

1.  Complaints have not been dealt with by the NGO.
2.

Anonymous complaints (except those involved in misuse of subventions, abuse and injuries of service users which need handling by ICHC), but would refer to NGO for attention and/or follow-up. 

3.

Complaints about which the aggrieved complainant(s) has/have had actual knowledge for two years or more . 

4. 

Commencement of court proceedings in relation to the complaint has been made.

5.  Complaints that fall within the ambit of other relevant authorities.  
6. 

Complaint issues that are governed by other ordinances or statutory requirements.  

7. 

Complaints which are within the purview of other Government Departments/Bureaux.

8.  Complaints which are related to individual case handling.  
9.  Complaints on non-subvented NGOs.  
10. 

Complaints on self-financing services operated by subvented NGOs. 

 

    

1.

ICHC handles LSG-related complaints against NGOs subvented by SWD which cannot be satisfactorily resolved at the NGO level. 

2.

Complaints about the services offered by the above-mentioned NGO should firstly be lodged directly to the Unit Head / Executive Director / Chief Executive Officer / Chairperson of the NGO concerned.  

3.

If you are dissatisfied with the NGO's handling of your complaint and decide to lodge a complaint to ICHC, you can write to the Secretariat of ICHC, giving the details, including the name as shown in your document of identity, address, telephone number of the complainant for follow up. ICHC may verify the personal data as provided by you where necessary. Before you provide any personal data to the ICHC, please read the Notice to Data Subjects Before Collection of Personal Data.

Notice to Data Subjects Before Collection of Personal Data   (Acrobat Document)

4. 

Complaints can be made through the following channels - 

                Address  : ICHC Secretariat 
                              : Social Welfare Department 
                              : 38/F, 248 Queen's Road East, Wan Chai, Hong Kong 
              Email      : suenq@swd.gov.hk
                Fax         : 2116 0746
5. 

For the purpose of fairness, ICHC will not handle anonymous complaints or complaints known to the complainants for two years or over but would refer those complaints to the Unit Head / Executive Director / Chief Executive Officer / Chairperson of the NGOs concerned for attention and/or appropriate follow-up.

   

1. 

All complaints will be treated in the strictest confidence. 

2. 

Complaints will be examined by ICHC which will refer those not under her jurisdiction to other concerned government departments/bureaux, organisations or other SWD units for follow-up with complainants' consent.   

3.

For a complaint which falls within ICHC's jurisdiction but which has not been dealt with by the NGO concerned through that NGO's complaints handling policy and procedures, ICHC will, with complainant's consent, refer the complaint to the relevant NGO for handling and direct reply to the complainant.  If consent is not received, the complaint will not be pursued and will be referred to the relevant NGO for attention and/or follow-up with relevant personal data withheld. 

4.

For complaints investigated by ICHC, complainants will receive written confirmation from ICHC of the final result or the reasons of not pursuing the complaints. 

5.

ICHC may invite complainant and/or representatives of NGO(s) concerned to attend a Case Meeting to collect more information in person.  The persons attending the Case Meeting must be relevant to the complaints and must be approved by the Case Meeting Panel which is composed of the Chairman/Vice-Chairman with 2 Members of ICHC.  When attending Case Meeting, any mobile devices have to be switched off and no audio/video recording is allowed. 

6.

Complainant may make application to ICHC for a review of its decision within 1 month after the date of issue of the written confirmation from ICHC Secretariat on the outcome of the investigation.  The application should set out the grounds and any new evidence which can assist ICHC in considering whether or not to review. The review, if any, will be done by a Review Panel including Chairman/Vice-Chairman and 2 ICHC members who have not previously dealt with the complaint at the Case Meeting Panel. ICHC will normally only pursue cases with new evidence.  After examining any additional evidence  or information collected from any further investigation by the Review Panel, ICHC will issue a written confirmation to inform complainant of the outcome of its review which is to be final. 

7.

For complying with the principle of confidentiality, ICHC/Secretariat of ICHC/SWD cannot disclose the information or any information involving the personal data of the complainant with anyone without consent of either parties including the complainant or NGO. 

 

 

Complaints received by ICHC from June 2009 to February 2012: 

 

Overall Number of Complaints handled

Month

Complaint Cases Received

Complaint Issues Handled

Referrals to NGO

Complaint Cases Investigated and Reviewed

Complaint Issues Investigated and Reviewed

June/2009 7 10 6 0 0
July 11 16 9 1 1
August 15 27 14 1 4
September 9 15 7 1 1
October 11 40 10 1 1
November 7 10 6 0 0
December 11 24 7 1 8
January/2010 10 26 8 1 2
February 11 19 8 3 34
March 14 14 11 2 10

Sub-total

106

201

86

11

61

April 15 37 9 5 43
May 8 31 8 0 0
June 13 27 9 3 21
July 11 35 10 1 1
August 17 30 15 1 13
September 9 18 8 1 5
October 11 12 8 3 41
November 19 48 15 4 13
December 13 17 10 3 35
January/2011 17 24 13 4 25
February 10 22 5 3 8
March 10 47 36 2 2

Sub-total

153

348

146

30

207

April 5 15 5 4 46
May 6 13 6 4 13
June 13 27 9 3 11
July 5 7 3 3 8
August

15 

 61

 26

 1

 3

September 

16

30

15

 1

 2

October 

19

62

18

 6

 16

November 

6

17

6

1

1

December 

 18

 43

 14

 1

January/2012

 16

 33

 12

 2

 4

February/2012 

 11

 24

 6

 2

 8

Sub-total

130

332

120

28

113

Total

389

881

352

69

381

 Breakdown of Outcomes of Direct Investigations by ICHC 

Classification

No. of Complaint Issues

 

Misuse of SWD subventions

Non-compliance with service requirement

NGO's decisions that have direct impact on service performance

Total

Substantiated 7 50 1 58
Partially substantiated 4 51 3 58
Unsubstantiated 13 123 9 145

Withdrawn/
Discontinued

0 6 1 7
Not pursuable 0 94 0 94
Under investigation 3 16 0 19

Total

27

340

14

381

 

 



Case 1 

An anonymous complaint, referred to ICHC by ICAC in July 2009, was about a subvented NGO which was suspected to have used subventions for paying salaries of staff of its self-financing service unit. 

Surprise accounting inspection was conducted to the NGO by Secretariat of the ICHC and the Finance Branch of SWD to check accounting books and records concerning Personal Emoluments (PE) payments. 

Findings revealed that the self-financing service unit had its management board, accounting system, books and records separated from the subvented NGO.  The PE of staff of the self-financing service unit was paid by the NGO through auto-pay and reimbursed within the same month of pay day by the self-financing service unit.  Relevant accounting records showed that the amounts transacted between the self-financing service unit and the NGO were matched.

The complaint was endorsed by ICHC as unsubstantiated as no evidence could be found to support that the NGO had used subventions on its self-financing service.


Learning Point

All NGOs should have proper books of account and other accounting records for all transactions, separately identified into Funding and Service Agreement (FSA) activities and non-FSA activities in accordance with paragraph 3.3 of LSG Manual (Edition 2).  NGOs have to re-examine its current practice in accounting records if they also operate self-financing units.


Case 2

A family member of a service user wrote to complain against the service provision of a residential unit of a subvented NGO on:

 (i)    using inconsistent reasons to discharge the service user from the service;

 (ii)    telling the hospital staff repeatedly about discharging the service user  without 
         the knowledge of the family members;

 (iii)   not issuing a notice on termination of service to the service user one month prior 
        to its termination of service as stipulated in its policy document on Service 
        Quality Standard (SQS);

 (iv)   not providing adequate care to the service user;

 (v)    defaming the service user for having aggressive behaviour and harassment to staff; and

 (vi)   not referring the service user for appropriate service after termination of service.

After examining the information, records and documents collected through different channels including NGO, complainant, on-site assessment, Licensing Office of Residential Care Homes for the Elderly and medical social workers etc, it was concluded that the complaint issues (i), (ii) (iii) and (vi) at Paragraph 1 were substantiated with reasons as follows:

 (i)   The records on discharge meeting minutes and the written notice on discharge issued 
       to the family members showed that the service unit had used inconsistent reasons
       to discharge the service user;

 (ii)   Hospital record showed that service unit staff had informed the hospital staff of the 
       discharge of the service user prior to any discussion with the family members;

 (iii)  The service unit had not issued a notice on termination of service to the service user 
       and  family members in accordance with the time frame as stipulated in its SQS 10 
       policy document on Entry and Exit of Service; and

 (iv)  The service unit had not followed its SQS 10 policy document to assist in making 
       referral for the service user upon the latter's discharge from service.

On the other hand, the complaint issues (iv) and (v) at Paragraph 1 were considered as unsubstantiated with reasons as follows:

 (i)  The service unit had formulated Individual Care Plans by different professionals half
      yearly, discussed and informed the family members about the service user's problem and 
      strategies on management at different meetings and brought the service user to attend
      various medical follow-ups regularly.  Besides, the staff provision of the NGO also met
      the licensing requirement of SWD.  The service unit had provided basic care to
      the service user.

 (ii) Different kinds of records indicated the aggressive behaviour of the service user and
      his harassment to staff.

The Secretariat of ICHC had informed the NGO of investigation result with improvement measures recommended for the NGO's follow-up.


Learning Point

 (i)   NGOs should ensure staff to adhere to their policy documents on Entry and Exit of   
       Service to make referral or arrange placement for service users involuntarily discharged    
       from their service and provide consistent information to service users and family 
       members through close supervision and training so as to reduce the worry of the families 
       and safeguard the welfare of the service users.

 (ii)  Instead of different Individual Care Plans conducted by different professionals, NGO 
       should formulate a consolidated Individual Care Plan to work out strategy in handling 
       service users' needs and problem(s) through multi-disciplinary approach.

 (iii)  While understanding and recognising the difficulties of staff in handling the 
       emotion/aggression of service users, ICHC considered that NGOs should provide 
       appropriate training to enrich staff's knowledge and skills in handling unexpected 
       circumstances and violence so as to ensure safety of and prevent injury to staff and 
       other service users.




Case 3

A parent of a service user lodged an anonymous complaint against a subvented NGO on:

 (i)   using subvented space to operate a self-financing unit without approval of Social Welfare 
       Department (SWD).  As a result, less space in the subvented unit is left for the activity 
       for service users; and

 (ii)  using government resources to finance this self-financing unit.

Secretariat of ICHC to the self-financing unit conducted On-site assessment to the service unit and examined its accounting books and financial records. Findings revealed that the self-financing unit:

 (i)   had sought approval-in-principle from SWD for setting up the self-financing unit in the 
       subvented unit;

 (ii)  occupied a small portion of the subvented space which was the office for staff before 
       merging of the general offices with another subvented unit.  Therefore, it did not affect 
       the service area of the subvented unit;

 (iii)  had an independent set of staff, service equipments and financial record. The financial 
       record showed that the self-financing unit bears the PE of the staff and pays other 
       related expenses arising from using the subvented space such as water and electricity 
       fees, rates, charges on using the hall facility and charges on meal provision to this 
       subvented NGO though the payment for the charge of the hall is relatively low; and

 (iv)  had not informed SWD the actual date of operation and actual size used; and had not 
       deducted the portion of the self-financing unit when applied for reimbursement of rates 
       from SWD for the subvented unit.

The complaint was endorsed by ICHC as unsubstantiated as NGO had sought SWD's approval-in-principle for setting up the self-financing unit in the subvented service unit's vacant office and there was no evidence to show that the NGO had used the subventions on its self-financing service.  Yet the NGO is required -

 (i)   to report to SWD the actual date of operation of the self-financing unit so that the 
      amount of rates since its operation will be deducted from the NGO's subventions; and

 (ii)  to revise the rental charge for the hall and obtain the approval from SWD.

 
Learning Point

 (i)  LSG covers Rent and Rates which are to be paid on actual basis as stated in the LSG 
      Manual.  When using the subvented space for operating self-financing unit, NGOs are 
      advised to inform SWD of the actual date of operation of their self-financing unit even 
      after the approval-in-principle and exclude the area for the self- financing unit when 
      reimbursing the portion of Rent and Rates subventions on subvented area and

 (ii) NGOs should charge reasonable rate when using subvented space for the activities for 
      the self-financing unit and obtain the approval from SWD.


Case 4

This anonymous complaint was about the social workers of a hostel of a subvented NGO failing to follow the Service Quality Standard (SQS) procedures to report a suspected assault incident of a male resident who was alleged to have indecently assaulted a female resident.

ICHC Secretariat collected and examined relevant documents and information through a surprised on-site assessment to the hostel and subsequent contacts with the hostel staff.  The complaint was endorsed by ICHC as partially substantiated in view of the following:

 (i)   the social worker of the male resident concerned had conducted assessment on the 
       resident's problem after the incident and the remedial plan as advised by the social 
       work supervisor was implemented; but he had not conducted investigation and reported 
       the suspected indecent assault incident in details according to the procedures as laid 
       down in the hostel's SQS 16 documents;

 (ii)   the social worker of the female resident concerned had not conducted investigation, 
       rendered appropriate follow-up and reported the suspected indecent assault incident in 
       details according to the procedures as laid down in the hostel's SQS 16 documents; 
 

 (iii)  the supervisor of the hostel did not read the Members' Diary regularly while staff did not 
       report to their supervisors any special incidents recorded in the Members' Diary.  This 
       led to the hostel staff did not follow the procedures of SQS 16 in handling another three 
       suspected indecent assault incidents by the same male resident in the hostel; and

 (iv)  the back door of the female dormitory of the hostel was just a wooden gate of about 5 
       feet that outsiders and female residents could easily loosen the manual lock and get in 
       and out.

The ICHC Secretariat had informed the NGO of the investigation result with improvement measures recommended for the follow-up of the NGO.


Learning Point

  (i)   NGOs should provide training and supervision to all staff so that they can be 
        familiarized with:

  • SQSs policy and procedures including SQS16 on protection of service users from abuse and circulate these documents to all staff to ensure their full understanding and adherence of the procedures stipulated in the SQS documents.
  • handling and assessment of at-risk or special incidents including formulation of appropriate treatment plans for residents with emotional and behavioural problems to facilitate staff's handling of such incidents.

 (ii)  NGOs should review and strengthen its staff supervision to ensure all ranks of staff to 
       report timely to their senior staff on significant incidents occurred in the service units 
       and conduct appropriate assessment, review and follow-up of service needs of the 
       service users in accordance with the requirements stipulated in SQS 11.

 (iii)  The hostel / NGO should review its physical environment for the safety of the service 
       users and review the SQS 9 on safe environment to provide safe environment for staff 
       and service users of the hostel.



Case 5

A complaint about the service provision and management of a subvented NGO was received in respect of the following issues:

 (i)    failing to provide relevant service sessions for service users;

 (ii)   violating the principle of confidentiality in complaint handling; and

 (iii)   failing to follow the staff posting policy in transferring a staff to another post.

After examining the information, records and documents collected through different channels including the NGO, the complainant and on-site assessment, as well as liaison with the Rehabilitation and Medical Social Service Branch of the Social Welfare Department, it is concluded that:

 (i)    Complaint Item (i) is partially substantiated.  The NGO has made efforts to meet the 
        service needs through conducting open recruitment for filling the vacancy, arranging 
        hire of service and internal deployment.  The complaint on this part is considered 
        unsubstantiated.  However, the NGO has failed to implement its action plan as 
        proposed for rectifying the underachieved output standard, and the prolonged absence 
        of 
a post in one of its subvented service units has violated the essential service 
        requirements stipulated in the respective Funding and Service Agreement.  The 
        complaint on this part is considered substantiated.

 (ii)   The complainant's consent to referring the complaint to the NGO for direct reply to the 
       complainant was obtained and recorded in the referral.  The NGO, without notifying the 
       complainant or seeking the complainant's consent, disclosed and openly discussed the 
       contents of the complaint letter at a meeting, thereby violating its policy and   
       procedures for handling complaints.  Complaint item (ii) is substantiated.

 (iii)  Complaint item (iii) is unsubstantiated because the NGO has followed its human 
       resources management policy as recorded in a recent staff transfer exercise whereby 
       the staff member was given a reshuffle of duties but not a post transfer.

The ICHC considered the complaint as partially substantiated and improvement measures were recommended to the NGO.


Learning Points

 (i)    The NGO should strictly follow up the action plans as proposed and make every effort 
        to meet the essential service requirements of the Funding and Service Agreement 
        concerned.

 (ii)   The NGO should remind all staff to strictly follow the principle of confidentiality as 
        stipulated in SQS15 in response to any complaints raised and to handle complaints 
        with great care in accordance with its policy and procedures.


Case 6

A complaint against a service unit of a subvented NGO was received in respect of the following issues:

 (i)    The unit-in-charge was often late for work or absent from duty since his/her posting to 
        the unit.

 (ii)   Since mid 2009, another staff member of the unit had frequent records of lateness or 
        absence from duty.

 (iii)   Due to the frequent absence of both the unit-in-charge and the staff member from duty 
         together, the provision of relevant service was affected.

 (iv)   As one female toilet cubicle was locked up all the time leaving only two female toilet 
        cubicles for use by female service users, some female service users had to use the 
        male toilet, leading to conflicts and incontinence of some service users.

After examining the information, records and documents collected through a surprise on-site assessment at the service unit, contacts with the NGO and unit staff, interviews with service users of the unit and seeking advice from the Elderly Branch of the Social Welfare Department etc, it was concluded that all the above complaint issues were substantiated with reasons as follows:

 (i)    The complaint issue (i) is considered substantiated as the unit-in-charge had 
        records of unauthorized leave, frequent lateness and failure to clock in properly during 
        the past two years but NGO management had not followed the guidelines on SQS 5 to 
        discipline the staff.

 (ii)   The complaint issue (ii) is considered substantiated as the staff member concerned 
        had records of frequent lateness during the specified period but NGO management had 
        not followed the guidelines on SQS 5 to discipline the staff.

 (iii)  The complaint issue (iii) is considered substantiated as the NGO had failed to 
       comply with the relevant Essential Service Requirement (ESR) stated in the Funding 
       and Service Agreement (FSA) to ensure that there are relevant staff stationed in the unit 
       all the time, but instead it had arranged for other staff to carry out the relevant duties in 
       the absence of both staff.

 (iv)  The complaint issue (iv) is considered substantiated as the unit's arrangement of 
       reserving one toilet cubicle for staff use and leaving only two cubicles (including the one 
       for disabled users) in the female toilet for use by female service users is inappropriate  
       for the purpose of meeting service users' needs.

The ICHC Secretariat has informed the NGO of the investigation results with improvement measures recommended for follow-up by the NGO.


Learning Points

 (i)   For staff's persistent misconduct, NGO management should act strictly in accordance 
       with the procedures under SQS 5 to enforce appropriate disciplinary actions to rectify 
       the staff's problems in an effective manner.

 (ii)  The NGO should act strictly in accordance with the relevant ESR of FSA to ensure that 
       there are relevant staff stationed in the unit all the time during the service hours and that 
       the provision of relevant service is not affected.

 (iii)  The NGO should consider the views of service users from time to time when 
       implementing any arrangement that may affect the general welfare of service users.

 (iv)  The NGO should take appropriate improvement measures to ensure that adequate and 
       hygienic toilet facilities be available to all service users.

 

 Case 7

This anonymous complaint was about the suspected misuse of subventions by a subvented NGO:

 (i)    Some staff members of a subvented service unit of the NGO were arranged to work at 
        a non-subvented service unit of the NGO;

 (ii)   Some staff members who should work in subvented service units of the NGO were 
        arranged to take up non-subvented service in the NGO's Head Office;

 (iii)   A staff member who should work in a subvented service unit of the NGO was arranged 
        to take up non-subvented work outside Hong Kong;

 (iv)   A staff member with salaries charged to subventons took up paid outside work which 
        was not a subvented service;

 (v)   The delivery of a subvented service of the NGO was adversely affected by the NGO's 
       management decisions leading to (a) a number of violence or suicidal incidents in 
       some subvented service units of the NGO; and (b) the subvented service in question 
       could not meet the FSA requirements concerned.

The ICHC Secretariat examined all relevant documents and information collected from surprise on-site assessments at the Head Office and the relevant service units of the NGO, interviews with the NGO staff concerned, liaison with the Rehabilitation and Medical Social Services Branch (RMB) and Finance Branch (FB) of the Social Welfare Department.  The ICHC endorsed that the complaint issues (i) and (iv) be considered as substantiated and complaint issues (ii), (iii) and (v) as partially-substantiated with reasons as follows:

 (i)   The complaint issue (i) is considered substantiated as some staff of the subvented 
       service unit were arranged to work and be stationed at the non-subvented unit of the 
       NGO.

 (ii)  The complaint issue (ii) is considered partially-substantiated as the NGO assigned 
       some of its full-time subvented staff at the NGO's Head Office to take up some non-
       subvented work outside Hong Kong during part of their service hours.

 (iii)  The complaint issue (iii) is considered partially-substantiated as the NGO 
       assigned a staff member of the subvented service unit to take up some non-subvented 
       work outside Hong Kong during part of his/her service hours.

 (iv)  The complaint issue (iv) is considered substantiated as the subvented staff 
       concerned had taken up paid outside work within his/her service hours and such work 
       was considered as non-subvented work.

 (v)   The complaint issue (v) is considered partially-substantiated as:

       (a)   while the NGO took relevant follow-up actions and prepared the incident reports in 
              accordance with the relevant procedures as stipulated in the SQS 9 document, 
              the NGO did not follow the relevant SQS 9 procedures in submitting the report of a 
              violent incident in a subvented service unit within the time-frame or keeping proper 
              records on the reasons for not reporting the incident to the police.  The complaint 
              issue (v)(a) is therefore considered partially-substantiated; and

       (b)   the information and records collected from the NGO indicated that the delivery of 
              the service concerned met the requirements as stipulated in the relevant FSA.  
              This complaint issue (v)(b) is therefore considered unsubstantiated.

The ICHC Secretariat has informed the NGO of the investigation result with improvement measures recommended for follow-up by the NGO.


Learning Points

 (i)   The NGO should follow strictly the requirements as laid down in the relevant FSAs in 
       delivering subvented services.

 (ii)  The NGO should observe the subventions rules and regulations by using the 
       subventions solely for subvented services and rectify any inappropriate arrangement.

 (iii)  The NGO should apportion the personal emolument of the staff concerned between 
       subvented and non-subvented services.  For the complaint issues (i)-(iv), the NGO 
       should calculate the amount of subventions used for non-subvented service and inform 
       SWD accordingly.

 (iv)  The NGO should render close supervision to ensure staff's compliance with the relevant 
       SQS 9 procedures in reporting and conducting necessary follow-up actions for proper 
       handling of serious incidents, including violent incidents that may happen in service 
       units.

 Case 8

This complaint was about the service assessment and arrangement of the internal case transfer within two service units of a subvented NGO in respect of the following issues:

(i)   unit A failed to follow its policy and procedures in assessing the needs 
of 
      the service 
user; and
(ii)  unit B failed to follow its service entry policy and procedures to handle the 
     application for service in respect of the
service user.

The Secretariat for ICHC examined the information, records and documents provided by the NGO and the complainant, as collected from file records and staff interviews during on-site assessments, and through liaison with the Family and Child Welfare Branch of the Social Welfare Department.  The ICHC endorsed that the complaint issue (i) be concluded as partially substantiated and complaint issue (ii) unsubstantiated with reasons as follows:

(i)  The records indicated that three problems of the service user were mentioned by
     the service user's family member
during the intake with unit A.  However, there
     was not any assessment or proposed follow-up action on one of the 
problems
     mentioned in the intake report.  On this part, the complaint is considered
     substantiated.  On the other hand, the
case social worker had conducted
     needs assessment for the service user twice in less than three months upon
     receipt of
the case.  He did follow the organisation's policy and procedures in
     conducting the needs assessment.  The complaint
on this part is
     considered unsubstantiated.

(ii)  The complainant revealed that senior management of the NGO had agreed 
     and committed to an internal transfer of
his case from unit A to unit B for 
     follow-up.  However, the complainant was dissatisfied that unit B, after an
     intake 
interview with one of the service user's family members, finally did not
     open a case for follow-up.  Relevant policy of
unit B laid down that the intake
     worker should arrange an interview with the service user as soon as possible
     for
assessment.  For this case, a family member, who was living apart from the
     service user, was seen during the intake
interview.  The intake worker had duly
     informed the family member that her request for a particular service could not
     be
considered at the intake stage if the social worker did not meet the service
     user in person.  Several alternatives to 
handling the case were discussed with the
     family member but the latter was unable to make up her mind and she would
    
need to discuss with the complainant the alternatives as proposed.  Besides,
     she did not want another family member, 
who was living with the service user,
     to be alerted to the social worker's intervention.  As a result, it was concluded
    
that no case would be opened at that time point.  The intake worker
     subsequently followed the unit's policy and time
frame in completing and
     submitting the intake enquiry form to his supervisor shortly after the intake 
     interview, and the
supervisor had also read and signed the enquiry form on
     the day after.  Based on the finding that the intake worker had
followed the 
     unit's policy on service entry on case handling, the complaint item (ii) 
     is unsubstantiated.

The ICHC considered the complaint as partially substantiated and improvement measures were recommended to the NGO.

 Learning Points

(i)   The policy documents of SQS 10 and 11 of unit A should be reviewed and revised
      to clearly spell out the parties to
be involved, methods of assessment, planning
      and review of case handling, documentation and maintenance of records,
notification
      of assessment outcomes, and time frames for implementing and reviewing 
      action plans, etc;

(ii)   flexibility should be exercised in dealing with the procedures for case assessment 
      and recommendation for follow-
up services if welfare needs of the service users 
      had  already been identified.  Other alternatives, such as outreaching
service, should
      be adopted for vulnerable service users who may not be able to attend office
      interviews  for case
assessment; and

(iii)  the NGO should explain to service users clearly and consistently about the operation
      of different service units
including internal referral mechanism to facilitate service 
      users' understanding.


 

 

 

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