Grievances and Complaints about the Service

Submitted by sylvia.wong@up… on Mon, 07/25/2022 - 02:23

Acknowledging and managing any concerns or complaints about your service can be a sensitive and complex process. Policies and procedures in place to support and guide the process enable the service and stakeholders to manage any issues smoothly and consistently to work towards a positive outcome for all involved.

By the end of this topic, you will understand:

How to acknowledge and respond to grievances and complaints
How to resolve complaints
What to consider when reviewing outcomes of complaints management.

In genuine partnerships, families, and educators:

  • value each other’s knowledge of each child
  • value each other’s roles in each child’s life
  • trust each other
  • communicate freely and respectfully with each other
  • share insights and perspectives about each child and engage in shared decision-making ACECQA13
Sub Topics

Learning outcomes are most likely to be achieved when early childhood educators work in partnerships with families. Partnership with families is also important in the National Quality Framework under Quality Area 6: Collaborative Partnerships with Families and Communities. Services are guided to ensure that families are involved in many ways with their child's care and education and the service's decision-making. 

This standard recognises that collaborative relationships with families are fundamental to achieving quality outcomes for children. Ensuring community partnership based on active communication, consultation, and collaboration is also essential.

Quality Area 6 aims for services to form and maintain partnerships with families and communities to enhance children's learning, development, and well-being.

Collaborative Partnerships with Families and Communities

Standard 6.1 Supportive relationships with families Respectful relationships with families are developed and maintained, and families are supported in their parenting role.
Element 6.1.1 Engagement with the service Families are supported from enrolment to be involved in the service and contribute to service decisions
Element 6.1.2 Parent views are respected Parent views are respected 
The expertise, culture, values, and beliefs of families are respected, and families share in decision-making about their child's learning and well-being.
Element 6.1.3 Families are supported Current information is available to families about the service and relevant community services and resources to support parenting and family well-being.
Standard 6.2 Collaborative partnerships Collaborative partnerships enhance children's inclusion, learning and well-being.
Standard 6.2.1 Transitions Continuity of learning and transitions for each child is supported by sharing information and clarifying responsibilities.
Standard 6.2.2 Access and participation Effective partnerships support children's access, inclusion, and participation in the program.
Standard 6.2.3 Community engagement The service builds relationships and engages with its community.

Services also have established policies about collaborating and effectively communicating with families.

Resource

You can review a policy about building collaborative relationships with families by referring to CR1 - Interactions with Children and Families Policy and Procedure on the Little.Ly Early Learning Centre website:

Little.ly Early Learning Centre, a simulated childcare centre. Access information and policy and procedure documents associated with Little.ly. 

This can be done by logging in to the Educator Hub on Little.ly's website with the following credentials:

  • Username: SOE
  • Password: earlychildhood 

Building collaborative relationships and partnerships with children and families are underpinned by a strong policy framework. Policies will aim to develop and maintain positive relationships with families and children. 

  • Educators will actively make time to have positive interactions with children one on one and in groups. They will listen, respond, and consider the children’s thoughts. This will build trust and respect that will allow the child and educators to work together and create a thriving learning environment
  • Educators will respect families as the child’s first person. Building trusting relationships and providing support in their parenting role. Educators will value families as a main resource and collaborate with them to establish a transparent and consistent routine and learning plan for the child. Families should feel that the staff members are approachable and can address any concerns or queries they may have.

The Early Childhood Australia Code of Ethics

Services embrace the Early Childhood Australia’s Code of Ethics as a moral and aspirational guideline for working with children and with families.

Principal guidelines for working with families include:

  • Acknowledge the family as the child’s first and most important teacher.
  • Respect the rights of the family to make decisions about their children.
  • Listen to and learn from families and engage in shared decision-making about children’s learning, development, and well-being.
  • Develop respectful relationships with families to encourage engagement in the service, build a sense of belonging and develop open communication.
  • Learn about, respect and respond to the individual needs and uniqueness of families and their circumstances, experiences, culture, customs, language, beliefs, and kinship systems.
  • Respect families’ right to privacy and maintain confidentiality.

Types of Issues

Complaints provide insight into the service that something is not working, and users of the service are dissatisfied or worried about a matter. Grievances and complaints that a service may receive will be in various matters. The most common issues raised as a complaint include concerns about the programs being delivered, the fees being charged, the safety of children, child-to-staff rations and the qualification and skill of the staff. 

Complaints may be about systemic issues impacting the quality of care delivered. These can include:

  • Limited resources preventing the delivery of individualised support, especially for children with high support needs
  • Poor communication practices
  • Poor policies and practices
  • Lack of application of the documented services policies and procedures.

Complaints may be about the individual services to a child, such as the behaviour of staff towards a child, an act or omission that has had a negative impact (or the possibility if not addressed) on the child or an incident such as lost clothes or a misunderstanding.

Complaints about child safety and welfare matters can naturally generate high emotional responses from the complainant. For example, if a parent is advised that a child was accidentally locked in a bus, it would be difficult for the parent to remain calm when being notified. Similarly, if a service neglected to feed a child or a baby was severely sunburnt, the parent may have a disproportionate emotional reaction.

When a parent is confronted with a report about their child being hurt or neglected, they may react emotionally. This means that their usual senses and responses may be impaired or heightened. They may have difficulty listening and processing the information being provided. They may respond by crying, yelling, or becoming silent and internalising their thoughts. In addition, a parent might discover a bite mark on a child or an unknown bruise that staff cannot explain, which may raise parental concerns about the lack of supervision of children.

When managing grievances and complaints, the first step is to ensure self-awareness and awareness of others. Not all people will feel comfortable making a complaint, so it is important to know the families well and, when they appear concerned, maintain awareness by reading their verbal and non-verbal cues. 

A concerned parent talking to a supervisor

Everybody wants to feel heard, understood and validated. Effective complaint and grievance management procedures encourage staff to empathise and try to understand the other person’s perspective. They also allow for the opportunity to improve service practices and relationships. Services can attempt to diffuse emotions by acknowledging the complainant’s feelings and stating positively that you wish to seek a solution to the issue that is causing concern. The receiver of the complaint can respond in a calm, measured and empathetic way to de-escalate an emotional reaction. 

The educator will use appropriate communication, such as active listening and displaying empathy. They will ensure they do not overreact or become defensive. Educators will remain polite, open, and patient and use appropriate body language and verbal language to resolve conflict. Empathising involves listening without judgment, acknowledging the pain, or hurt of others, sharing your feelings and being supportive of the feelings of the other person.

Where a parent’s reactions, behaviours or responses are unreasonable and difficult to deal with, the educator can remind them of acceptable standards of behaviour and courtesy. Educators will attempt to defuse the situation but also have a right to be in a safe workplace and be free from abuse or threats. The educator can refer the matter to a supervisor and ask the complainant to remain calm, or they will need to end the call or ask them to leave the premise.

Ideally, parents feel comfortable and understand that they are welcome to raise issues and concerns and expect educators and management to work with them to resolve the matter. In addition, families can be encouraged to raise the issue directly with the person involved to resolve the matter quickly and without escalating. 

It is important for all people involved in a complaint to manage the situation positively. However, those making a complaint can feel awkward, guilty, or uncertain. Those receiving the complaint or who is the focus of the complaint can feel deflated, defensive, offended, and resentful. Consider how difficult it can be to voice concerns and the amount of courage it can require when expressing feelings, and also how challenging it may also be challenging for a family for whom English is a second language. To demonstrate genuine empathy, you must be able to ‘put yourself in their shoes’.

Watch

Watch this video to learn about leadership, perspective, and empathy. It also provides insight into building positive workplaces and environments with clients and colleagues. Empathy – Best Speech of All Time by Simon Sinek by Agile Minds on YouTube: https://www.youtube.com/watch?v=7omzHOftM0M 9.06 minutes

Watch this video to learn about empathetic responses. The strategies are directed toward working with children but can be used with everyone. Empathetic Responses by Andrew Fleck Children’s Services on YouTube: https://www.youtube.com/watch?v=H63CS_fpi8o  8.23 minutes

Complaints can be verbal or written. 

  • Verbal complaints can be given by a person or a third party, such as a relative or friend. A parent may complain directly to the Regulatory Authority or another government department.
  • Written complaints can be received by a formal complaint form/template, letter, email, or survey. A parent may also complain on a social media platform such as a Facebook page.

Communication Techniques

Many complaints occur due to a miscommunication or a misunderstanding of what is expected by the service or the families. Clear communication (tailored to each family) can help minimise this, along with understanding how concerns or complaints can be raised. Acknowledging and validating a grievance or complaint is an important step toward a solution and working towards a win-win outcome.

Educators will ensure they have the necessary skills and knowledge to manage complaints and avoid escalation. Educators will understand their requirements under the national quality framework. They will follow the policy and procedure of the service. They will seek opportunities to upskill and improve their own practice. They will use staff development opportunities, ask for assistance, and use reflection to improve their practices.

The National Quality Standard (NQS) reminds us about our obligations regarding managing concerns and complaints via Element 7.1.2 – Systems are in place to manage risk and enable the effective management and operation of a quality service, and Element 7.2.1 – There is an effective self-assessment and quality improvement process in place.

In this section, we will discuss communication techniques and methods that can be used to ensure clear communication when acknowledging and responding to grievances and complaints.

A diagram showing communication essentials

Effective Verbal and Non-Verbal Communication

Humans initially used only non-verbal communication, which then developed and evolved into verbal communication. Each person may interpret a non-verbal or verbal cue differently. Non-verbal communication includes gestures, nodding, volume and tone of voice, eye contact and affirmations. Interpretations will depend on the person’s previous experience with the person they are interpreting, their own background and culture, and the volume and tone of voice, body language and other non-verbal cues used during communication.

When communicating with families, it is important to consider their communication style and remain professional, minimising industry jargon where it will not be understood to avoid further confusion. 

Watch

Watch this video about verbal and non-verbal communication: The Psychology of Verbal and Nonverbal Communication from Study.com

If you would like to create an account on Study.com, you can then complete the related quiz/worksheet

The 7-38-55% communication rule was developed by Professor Albert Mehrabian. His theory states that there are three core elements in effective face-to-face communication. These elements allow for the message to be interpreted as well as the emotions or attitudes that are behind the words. The three elements are: 

  • non-verbal behaviour (e.g., facial expressions)
  • the tone of voice
  • the spoken word.

The words of messages account for 7% of how the message is received, and this includes the actual spoken words and what they mean.

What you hear accounts for 38% of the message and includes the tone of voice, vocal clarity, and verbal expressiveness

What you see or feel makes up 55% of how the message is received. These are communicated by:

  • Facial expression
  • Dress and grooming
  • Posture
  • Eye contact
  • Touches
  • Gestures
A pie chart showing parts of communication

Language Styles

The way we communicate falls into three main styles: aggressive, passive, and assertive. Aggressive communication is concerned with meeting your own needs and desires. Passive communication is about meeting everyone else's needs, and assertive communication combines aggressive and passive behaviours. Sometimes, a fourth style is included: passive-aggressive. Passive-aggressive behaviours may appear like passive behaviours, but internal conflict and resentment can cause the passive-aggressive person to react with negative comments or subtly aggressive actions.

How you communicate with a person varies depending on many factors, including the situation (its sensitivity, the emotions involved, the potential for anger and conflict, etc.), the age, personality, temperament and needs of the other person, and your relationship with them.

Assertive Communication

When we are being assertive, we utilise a mix of aggressive and passive communication styles. This is how we can honestly express our opinions, feelings, attitudes, and rights in a way that considers and respects our own and others’ rights, welfare and needs.

Assertive communication is effective for managing interpersonal problems and reducing conflict. However, it is a skill that most people do not possess and therefore need to learn.

Activity 3A

Tailoring communication

Think of four (4) people in your life who are quite different from each other, for example, your grandmother, supervisor/manager, child, and best friend.

Consider how you might go about explaining to each person how to post a message on social media:

  • Would you alter the way you communicate your instructions to different people? If so, in what way?
  • Why would you communicate using the methods you have chosen?

Ensure that you keep notes for future reference, as this information will support your assessment and professional practice.

Think

Reflect on a time you had to be assertive to get your needs met:

How difficult was it for you to be assertive?

What were the different feelings you experienced while being assertive?

Some people may say they found being assertive easy – they merely stood up for their rights. Others may say they hesitated and felt uncomfortable. The point is everyone will feel differently when being assertive and will experience varying levels of difficulty. A person’s experience may also depend on who the assertive behaviour is directed toward and what they try to achieve. Many will say they find being assertive on behalf of others (advocating) easier than doing it for themselves.

Watch

Watch this video to learn how to be more assertive: How to Be Assertive by MindToolsVideos on YouTube: 2:34 minutes

Style Matching

Linguistic style matching, or style matching, was introduced in 2002. It explains how humans in many forms of communication (e.g., verbal, text, or email) begin to use a common vocabulary, similar sentence structures and the same levels of formality, emotionality, and cognitive complexity. Style matching typically occurs in stable and trusting relationships, such as nurtured family partnerships.

Active Listening

Active listening is the conscious decision to demonstrate careful and accurate listening and understanding of what another says (this can include verbal and non-verbal communication). These strategies are used to get as much information out of the conversation as possible and demonstrate to the speaker that the listener is focused on what is being communicated. It is important to use active listening at all times with others, but certain situations require it more than others, such as in sensitive conversations.

A diagram showing the parts of active listening

Elements of active listening:

  • Make eye contact (where culturally relevant) and pay attention.
  • Observe body language, tone, and expressions.
  • Summarise and ask open-ended questions.
  • Do not interrupt.

Watch

Watch these videos to learn how to improve your communication:

Improve Your Listening Skills with Active Listening by MindToolsVideos on YouTube: 

10 Ways to Have a Better Conversation by Celeste Headlee from Ted on YouTube: 

Questioning

Questioning is a tool that is used to gather information and confirm understanding. Different forms of questioning will increase the likelihood that services can get the information they need to aid in reaching a solution. They also assist the complainant will feel they have fully expressed their concerns and it has been understood. Using open- or closed-ended questions and different forms of questioning will increase the likelihood that you will get the answers you need to reach a solution, and the complainant will feel they have fully expressed their concerns. Finding out if the grievance or complaint relates to a systemic problem or an isolated incident or issue can help navigate a problem. You may realise the issue needs to be referred to higher management, or even the owner of the service, or that it violates the law and needs to be reported to the appropriate authorities, for example, if a staff member is inappropriate or puts a child at risk.

Watch

Watch this video on questioning techniques: Questioning Techniques by MindToolsVideos on YouTube: 3.20 minutes

Open questions vs Closed Questions

Open questions Closed questions
Questions that should be answered with long responses Questions that should be answered with short responses
Answers are often descriptive and explanatory Answers are often short and factual
Questions begin with words like how, why, explain, describe, etc. Questions begin with words like is, would, do, what, etc.
Essay questions Multiple choice questions
Take a longer time to answer Can usually be answered quickly 

Communicating with People from Other Cultures

Using language that meets the needs of the family is paramount. Families who have English as a second language may need additional support, and you may need to provide further thought to how conversations should be approached and the use of suitable verbal and non-verbal communication. This may include the use of an interpreter service.

Cultural considerations also need to be made, such as appropriate greetings, level of eye contact, and gender considerations, to ensure each family feels comfortable and the message can be received as intended.

Activity 3B

Providing an opportunity to raise concerns

Reflect on the following questions:

  • How could a family member communicate with a service regarding a concern?
  • What opportunities could the service give a family to make a complaint? What prompts and methods could be used?

Download and complete the template by inputting your answers for three (3) opportunities (example entries have been provided):

Opportunities to raise concerns worksheet

Worksheet

Legal Obligations

The Education and Care Services National Law Section 174(2)(b) states that an ‘approved provider must notify the Regulatory Authority of any complaints alleging that a serious incident has occurred or is occurring while a child was or is being educated and cared for by the service; or that [the National Law or National Regulations have] been contravened’.

The Education and Care Services National Regulations inform on documentation and processes regarding conflict and complaints via:

  • Regulation 168(2)(o) - requires a service to have policies and procedures for dealing with complaints
  • Regulation 173(2)(b) - requires the name and telephone number of the person to whom complaints may be addressed to be visible at the service
  • Regulation 176(2)(b) - requires a service to notify the relevant regulatory authority in writing within 24 hours of receiving a complaint or an incident occurring

The Regulations set out the requirements of a provider to report a serious incident. A serious incident includes events that resulted in the death of a child or an injury, trauma, or illness where the services of a registered medical practitioner, emergency services or hospital are required or should have been obtained. Serious incidents also include a child going missing, cannot be accounted for, being removed from the service in contravention of the Regulations or being mistakenly locked in/out of the service premises (Regulation 12). The service will record the serious incident using an Incident Injury Report as soon as practicable and within 24 hours of the incident. The service must notify the Regulatory Authority within 24 hours of a serious incident occurring (Regulation 176(2)(a)). 

Resource

For information on the requirements for notifying a regulatory regarding incidents and complaints, check out Incidents and Complaints from the Victoria State Government Department of Education and Training

Policies and Procedures

Policies, procedures, and actions relating to confidentiality and privacy must support the privacy and confidentiality needs of the complainant and the service. Confidentiality policies and practices reinforce how educators can observe confidentiality of information by not sharing gathered information outside of the work environment or the details of a complaint to other staff who do not need to know. The director or coordinator should also require seeking permission from the source before passing on information (except for mandatory reporting requirements, referrals to community or multicultural services, housing services, Centrelink, and counselling). The director will have processes in place to keep files and records safe and only allow access with approval.

Services ensure that families feel safe to complain by ensuring that a private place is available at the centre so that sensitive information can be gathered and shared. A service’s reputation of maintaining confidentiality and only sharing required information or sharing information with consent further enhances the confidence and willingness of families to be open and share or raise a concern.

The typical features of 

Activity 3C

Grievances and Complaints policy

Review Little.ly Early Learning Centre’s ML3 Grievances and Complaints policy by logging into:

Little.ly Early Learning Centre, a simulated childcare centre. Access information and policy and procedure documents associated with Little.ly. 

This can be done by logging in to the Educator Hub on Little.ly's website with the following credentials:

  • Username: SOE
  • Password: earlychildhood 

Answer the following questions about the policy:

  • What are the main points?
  • Why do you believe this document is required?
  • How would you ensure families are familiar with this document?

Ensure that you keep notes for future reference, as this information will support your assessment and professional practice.

Complaint Policies and Procedures

Policies and procedures will have key features, including statements that outline the purpose and the scope of the policy.  They will also include a statement that sets out the commitment of the service to manage complaints effectively. The policy will also provide information to link the actions to the NQF and the quality standards. It will set out a clear procedure that includes information on staff roles and responsibilities. It will have further references that can be reviewed, such as social media and privacy policies. 

When a complaint or grievance is received, a staff member should follow the procedures and manage the resolution process by:

  • Acknowledging the complainant’s effort to bring concerns and validate the problem: Attempt to diffuse emotions by acknowledging the complainant’s feelings and positively stating that you wish to seek a solution to the issue causing concern.
  • Asking questions and respectfully listening to the complainant to help identify or clarify the concerns or key issues. It is important to note that sometimes the complaint is not the actual issue – it may be deeper and need more investigation. 
  • Asking the complainant if they already have strategies or solutions to solve the issue.
  • Confirm the steps involved in complaint management and seek the complainant's agreement.
  • Explain to the complainant what can and cannot be expected of the investigation process.
  • Provide information to the complainant about the procedures and other forms available to them if the complaint cannot be resolved.
  • The educator will ensure that the complaint, investigation, gathered evidence, and the outcome is documented in the agreed format (e.g., a handwritten complaint form, a spreadsheet or a word-processed document) and is recorded using digital media such as computer technology and software to create, edit and store the plans.

A complaint procedure will describe the steps a service will take to resolve a complaint. These can include:

A diagram showing the steps in a complaint procedure
  1. Acknowledge the complaint
  2. Assess the seriousness of the complaint. Notify the regulator.
  3. Plan the information required. Investigate the complaint.
  4. Respond to the complaint. Document the complaint and the outcome.
  5. Follow up concerns
  6. Reflect and identify areas of improvement

Resource

To find out more about complaint management, refer to the Guide for Effective Complaint Management by the Queensland Government.

Negotiation

Negotiation skills are required in everyday life from a young age, from children negotiating over the rules of their game to adults negotiating for what they consider to be the best outcome for their child. Negotiation requires the interaction of two or more people who are both driven to find an amicable, safe, and legal solution that is the most suitable to achieve a goal or problem.

Negotiation requires the interaction of two or more people who are both driven to find an amicable, safe, and legal solution that is the most suitable to achieve a goal or problem. During negotiation, one more person will need to compromise or attempt to meet the other person or people ‘in the middle’. In services, we have policies that guide us through legislation and law, and sometimes there are boundaries to ‘what is possible’ regarding the responses or actions of a service during a negotiation.

When negotiating with families, there are considerations to be made, such as:

  • Whether you are able (by law or service guidelines) to rectify their grievance/complaint
  • Whether meeting their needs will create a bias or opportunity for their child that other children do not have
  • How the service may be impacted
  • Whether meeting their needs could put other children/families at risk in any way
  • How you could create a win-win situation

Conflict Theory

A group of people in a serious discussion

Conflict theory in sociology focuses on how inequality ultimately affects the world and how different levels of power are required in society to create social order. It states that conflicts are assured in society due to competition and the need for power and domination. The theory postulates that the domination of power or control of marginalised populations is how social order exists, and this cycle has featured repeatedly throughout past generations.

In early childhood services, for example, an organisation may appear to have power over certain individuals, which is not necessarily accurate. True power comes from parties working collaboratively in a mutually respectful and agreed arrangement within the boundaries of the practices and laws. Workplace legislation also protects the employer’s rights, ensuring that they are also treated with justice and respect and have their rights ensured.

Understanding the priority and urgency of a conflict will assist the service’s management with the situation. For example, if a child has been or is being put at risk, such as a child being exposed to an anaphylaxis allergen at the service, the complaint needs to be managed immediately and with the support of governing agencies such as child protection services and the service regulator. This will ensure that no further harm can be done and the child is safe and protected. If physical and violent abuse is occurring, support and response are needed immediately, as this kind of conflict puts the staff and all stakeholders potentially at risk.

No complaint should ever be placed ‘on the back burner’. Still, it is important to understand the severity of the situation and its complexity to establish the timeline required for its management.

Watch

Watch this video for an explanation of conflict theory: Conflict Theory Explained by Kevin Loi on YouTube: 3:31 minutes

Conflict

When most people think about conflict, they think about a fight or ‘drama’ between people, which can be a feature of a conflict but does not reflect every conflict. Conflict is mainly experienced when two people or groups have opposing views. A problem can occur when negotiation efforts seem futile, but conflict can be supported and managed and does not need to be aggressive.

Conflict resolution strategies guide organisations in managing moments when conflict may arise, either internally within the service or externally with families or other stakeholders.

Watch

Watch this ted talk on the psychology of negotiation The Psychology Behind Negotiation by Ram Kakinada from TEDx Talks:

Watch these videos to learn about conflict resolution: 

Conflict – Use It, Don’t Defuse It by CrisMarie Campbell and Susan Clarke from TEDx Talks on YouTube:

14 Effective Conflict Resolution Techniques by Brainy Dose on YouTube:

Review this chart to understand more about conflict theory:

Signs of conflict

In the workplace, signs of conflict may include:

  • Dysfunctional or inappropriate meetings or communication
  • Anger or anxiety
  • Productivity slowdown and high turnover (staff and clients)
  • Complaints and repetitive disagreements
  • Lack of trust
  • The formation of cliques
Levels of intensity

The different characteristics of conflict are affected by intensity. Levels of conflict intensity include:

  • Problem
  • Disagreement
  • Contest
  • Fight
  • War
Stages of conflict resolution
  1. Latent conflict: Involved parties are not yet aware of existing conflict but may have internal reactions or symptoms to related frustrations.
  2. Perceived conflict: Involved parties become aware of an existing conflict.
  3. Felt conflict: Involved parties’ feelings about the conflict emerge (e.g., anger, anxiety).
  4. Manifest conflict (resolution or suppression): The conflict is addressed.
  5. Conflict aftermath: The outcome of the conflict is reached. It can include resolution or suppression of conflict.

Factors involved in conflict

Factors that may affect the conflict include:

  • Gender
  • Self-concept
  • Expectations
  • Situation
  • Position (power)
  • Practice
  • Mutual awareness of mediation needs and opportunity for discussion
  • Communication skills
  • Life experiences
Outcomes of conflict

Positive outcomes may include:

  • Collaboration, creating the best possible idea or outcome
  • Erasing preconceived ideas, views, or assumptions
  • Increased participation and innovation
  • Greater ability to foresee or manage concerns in the future
  • Strengthened positive relationships and open communication
  • Better awareness of gaps and changes required in service documents (policies and procedures)
  • Greater awareness of training needs and areas requiring further support
  • Information or feedback that can be used as a base for continuous improvement (add to QIP)

Negative outcomes may include:

  • Increased stress and anxiety among stakeholders
  • Damaged relationships, affecting feelings of trust, service dynamics and workplace atmosphere
  • Feelings of being powerless, unappreciated, unheard, defeated, and demeaned, which can lower staff morale and may increase turnover
  • Ongoing conflict (especially if it is never resolved), building dysfunctional relationships and workplaces
  • The parent removing their child from the service

Resource

Visit the following link for a breakdown of conflict intensity levels regarding conflict characteristics: Levels and Characteristics of Conflict Intensity from the Changing the Game Project.

Collaborative Decision-Making

Collaboration is an ongoing journey: It is more focused on the ongoing process rather than a particular outcome, which will eventually be reached over time. In the context of education and care services, collaboration is a deliberate act to improve outcomes for children, families, and the surrounding communities.

2 coworkers discussing policy changes in a meeting
Collaboration is a process, an ongoing journey rather than an outcome. It is deliberate activity undertaken with the purpose of improving outcomes for the children and families in the communities in which services are located.
Wong, Press, Sumsion and Hard, Charles Sturt University15

When engaging in collaborative decision making, the service needs to promote and demonstrate:

  • A commitment to sharing information responsibly 
  • Genuine mutual respect and respect for differences
  • The creation of common goals and a commitment to resolve the problem/conflict
  • Cooperation
  • A willingness to consider others’ perspectives
  • Open communication
  • Active and genuine listening
  • How they value the role of the parent as the child’s first educator

Watch

Watch this video to learn about conflict de-escalation techniques: Diffuse the Dispute: 8 Ways to De-escalate a Heated Argument by DrewLesser on YouTube: 8.25 minutes

Collaborating With Other Educators and Management

As a part of the collaboration and advisory process, those involved mustn't feel they need to manage the process alone. It is important to consider privacy and confidentiality but also to consult with those in relevant positions or with relevant expertise to clarify your thoughts, ideas, and plan; and to ensure your plan is in line with service policies and procedures.

Making a Plan

When conflict arises in decision-making, you should try to reach a win-win outcome, which may be achieved by working through the following steps:

  1. Identify or clarify the issue or concern (as discussed throughout section 3.1.).
  2. Seek advice from external or internal sources to the service to generate options.
  3. Communicate an understanding of the goals or outcomes each party wants to achieve.
  4. Identify points the conflicting sides have in common and their areas of agreement.
  5. Compromise and negotiate where appropriate around areas not in agreeance or mediate where necessary.
  6. Work cooperatively to reach a mutually agreed outcome.
  7. Document the agreed outcome and ensure the agreement is in writing.
  8. Review and check in with the relevant person/ people (after discussed time frame).
  9. Review your own practice, including feedback.

Activity 3D

Managing complaints  

Read the following scenario and complete the task:

A Cleanliness Complaint

The Little.ly Early Learning Centre has just implemented a new practice regarding environmental responsibility. The service will use vinegar-based cleaning products to save on chemical use within the service and ultimately build on its environmental responsibility practices.

Terri Lee has a child in the toddler room and, after reading the update in a recent newsletter, sent an email detailing her concerns to the service director, stating that she feels ‘this vinegar solution will not help to minimise bacteria within the service, especially regarding bodily fluids’. She also said she ‘doesn’t believe it meets hygiene and safety standards’.

You have been tasked with handling this complaint. Assuming the solution has been proven effective against bacteria, complete the following table to demonstrate how you would manage Terri Lee’s complaint.

Resources

To learn more about managing conflict and how people can file complaints in early childhood education, visit the following links:

Priority and Urgency Levels

When responding to a grievance or complaint, you will need to consider the priority of the concern, which will require you to assess:

  • The safety of the child, other children, staff, family member/s and others
  • The intensity of the conflict (Are they demonstrating emotive or aggressive behaviours or have the potential to?)
  • Any possible or actual impacts of the conflict
  • The power of the conflict to create a bias against the service internally or within the community (e.g., Could the conflict give the service a bad reputation?)
  • The complainant’s or their child’s needs and rights are in line with compliance and policy
  • If this is legally considered ‘a serious risk’

Mediation

In the context of early childhood services, mediation is a confidential, impartial, and voluntary process conducted by a mediator to help employees, employers, families, and other stakeholders to find solutions to disputes and conflicts. The complainant can make decisions about the mediation as they are in charge of their participation and the process.

An impartial, accredited mediator assists the disputing parties to:

  • Identify the disputed issues
  • Develop options
  • Consider alternatives
  • Try to reach an agreement

Resources

To find out about resolving workplace disputes, visit Get help with your workplace issues from the Australian Government’s Fair Work Ombudsman.

The Process of Mediation

Before the Mediation

The key to a successful mediation is good preparation:

  • Know the issues you want to resolve.
  • Check what your entitlements are under Australian law.
  • Think of possible solutions to which all parties could agree.
  • Get your paperwork together (the award wage rate, pay slips, timesheets, letters, emails and other relevant correspondence).
  • Seek external advice if you need it from:
    • A union
    • An employer organisation
    • An accountant
    • A lawyer
  • Contact your support person if you would like to have them support you during the mediation.

The Day of the Mediation

The mediator will call and connect both parties in a telephone conference call so that everyone can be heard or, if the mediation is in person, will be at the location agreed upon by the two parties. The mediator will explain the guidelines and process for the meeting.

It is important to remember:

  • The mediator is neutral and will not decide an outcome – their role is to help the parties talk about the issues and agree to a resolution
  • You should keep an open mind about what the outcome could be
  • Mediation is confidential 

After the Mediation

An agreement or outcome reached during mediation can be either informal or formal:

  • An informal agreement may include a verbal agreement to take certain steps to resolve the issue.
  • A formal agreement is a written agreement between the parties stating what has been agreed to and includes the actions and plans discussed during the mediation.

Individuals may need to forward the problem to an authorised body if the issues are not resolved. For services, this may include the ACECQA or state-based education authorities.

Mediation Outcomes

Mediation outcomes are meant to be flexible and mutually agreed upon by the participants.

Mediation allows organisations to identify areas for improvement, compliance risks and performance management issues, which the organisation can then address.

It is possible no agreement will be made at mediation. If this happens, you will be informed of what your options are. Often this will be a referral to take legal action in the small claims court.

A close view of a supervisor reading complaints on an online forum

Complaint management outcomes will be reviewed by the service. They will be looking at the individual outcomes of a complaint as well as the trends that are appearing in the service from all complaints received. 

The service will seek feedback from all relevant parties about the outcome of an individual grievance or complaint. This can occur at the conclusion of the investigation. Services may use tools such as a survey to gather feedback from the parties about their level of satisfaction with the process and the outcome. 

This also includes critically reviewing the process implemented by a service to ensure that it is a working and successful process and to identify any key areas for improvement, which could also be added to the quality improvement plan (QIP) (see topic 2.2: The Quality Improvement Plan).

Services will clarify any misunderstandings or concerns that have arisen regarding the process. In addition, those involved in the complaint management may examine their own role and review this in terms of misunderstandings or concerns. They may also identify if they require additional training or support to be more effective in the future.

Reflection is an excellent tool that educators and services use to improve the quality of their service and its processes. Considering the following questions will help you to reflect upon your service’s and your own complaint management:

  • What does a successful outcome look like? Who can confirm an outcome has been met?
  • Have you asked for feedback on the process? From whom?
  • Which stages of the process worked, and which did not? How could these areas be improved?
  • Is there a systemic issue? Are organisational changes necessary? Who could advise you on these matters?
  • Are there any updates required to the service’s policies or procedures?

Resources

Complaints are an excellent source of information about the health of the service. They provide valuable information that can be used to improve the service. Services use the feedback and lessons learned from complaints to identify and implement improvements to practices and the service. 

The service can analyse trends in complaints received and identify if there are common themes that arise or if an area has an increase in the number of complaints. The service can then focus on why certain areas may be increasing. They can use this information to set goals and actions to address the underlying causes of the area. This may include staff training, reviewing and improving policies and processes and reviewing resources.

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A supervisor listening to a complaint from a parent
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