Why disabled people really need to officially complain?

Another day another report showing how bad it is for disabled people in this country this time from the EHRC. This report (jump to the end of it as there's nothing new in it), talks about yet again working with organisations and the government to improve matters. Blah blah blah.

It's time disabled people themselves take a stand. As a volunteer advocate with disabilities I hear regular stories form people about benefits or the NHS or Social services and how they are treated. Access and transport issues as well as appropriate housing are also major issues for disabled people and my cases.

The first step I always ask of clients is have you complained. I usually get I’ve told them in not happy, I'm expecting a call, or they said they'll get in touch with me. A few weeks down the road and nothing’s changed. 

When I ask people to actually make the complaint official. I.e. by actually stating "I want this to be an official complaint". They often get a quicker and better response. This is due to the fact that saying you’re unhappy, or having a go on the phone or even in writing is not considered by most organisations as an actual complaint. Until such time as you demand it is so. When you do there are written process in place for the organisations which they have to follow and respond too. 

These matter to the organisation and shows the levels of dissatisfaction which shows that things aren’t working. Particularly for social care, the government and the NHS. Until such time as an official complaint is made it is not a complaint and it will not be taken seriously.

As an example I am dealing with a young man who is a carer for his disabled brother. The local authority asked that the disabled person who has no income apart from benefits pay three years in arrears of council tax. He visited them a few times trying to get an explanation being told yes someone would get back in touch. He contacted me and I asked him to go back and state he wanted to make an official complaint. He got a written response within 48 hours with an explanation as to why his brother was being charged. We could now deal with the issue. In this case it was merely that the disabled person had been wrongly classified on some forms. 

Other cases I am dealing with often are resolved a lot quicker when you make a complaint through the official complaint processes. 

Here's some basic tips for getting the complaint dealt with.

Always make a note of the time and person you speak to on the phone or in person ask for a ref number if possible. Make reference to these in your official complaint.

If requesting information about yourself remember that governmental organisation have a duty to supply you your files under Data Protection Act. If you want information from a public or connected organisation ensure you mention the Freedom of Information Act. Both of the above mentioned legislation have time frames for responses by the organisation. If they do not comply then they can be reported to the information commissionaires office.

Follow up in writing or email. The majority of public organisations will have online forms which will give details of the complaints process. Note the time frames for responses in the complaint process.

If the organisation doesn’t meet the time frame follow up in writing to ask for the response.

If no satisfaction is received from the public organisation. You can take your complaint free of charge to the relevant government ombudsman. These have the power to look at complaints and have them put right. In some cases you may even be awarded compensation.

If it’s a private firm say with regard to access or service the process is the same make it official, put it in witting. If you’re not happy check whether they are part of a trade organisation. These often have complaints process for their members.

Alternatively you can take them to court using the small claims court process.

So the legislation and processes are there more often than not you just have to take the first step and make it official. Use the processes and law as required. If more people did take action and complain I’m sure things can become better.