COMPLAINTS PROCEDURE
The therapists affiliated with the BATC are therapists who guide people with psychosocial complaints. Someone who has challenges in their life, can't go on, and seeks help to unblock their potential. This can be limited to a certain area in their life, it can also cover a wider area. Sometimes the entrance can be a physical complaint for which no medical cause can be identified and a possible other cause and treatment are sought.

Clients can be individual adults or children, adolescents, families, or people who are partners.

The intention of BATC therapists is to provide quality care that meets the needs of the client and meets the generally applicable requirements for this care.

When providing good care, it is also sometimes appropriate to deal with dissatisfaction with the care or services of our affiliated therapists. Under the Wkkgz (Quality, Complaints and Disputes Care Act) every BATC therapist is obliged to set up a complaints procedure for his clients. This is done through the professional association BATC. The BATC has drawn up this complaints procedure and facilitates certain parts of the complaints procedure for clients.

The complaints procedure describes the BATC's general rules for dealing with dissatisfaction, perceived shortages or complaints.
The complaints procedure has the following structure. You can see this in the table of contents.

The general section of these complaints regulations lists the objectives and principles that the BATC and its therapists use when dealing with complaints. Concepts are also explained there.

The following general section sets out the rules for access to the complaints procedure (who can complain about what, when and how) and rules for the general organization of the complaints procedure. Subsequently, the rules are stated for various sections and bodies that contribute to the proper handling of complaints from clients.

The final paragraph indicates how one can 'complain about the handling of a complaint' and mentions general rules for amending and adopting the regulations.

If you have any questions about this complaints procedure, please contact the BATC secretariat
Do you have questions about how to handle your complaint, or would you like advice or support?
Please contact the independent complaints officer via the secretariat of the BATC.

BATC - Postbus 172 5710 AD - Someren - Tel: +31 - 0493-670614

INDEX

GENERAL INTRODUCTION

1. Definitions
2. Objectives complaints procedure
3. Basic principles of the complaints procedure

ACCESS TO AND ORGANIZATION OF THE COMPLAINTS PROCEDURE

4. Disclosure and facilitation of complaints procedure
5. Clients' right of complaint
6. Decision to submit or withdraw a complaint
7. Progress information, deadlines and closing complaint handling
8. Confidentiality and Privacy
9. Registration of complaints; storage of complaint files
10. Complaint handling costs
11. The complaints procedure

HANDLING COMPLAINTS BY THE BATC THERAPIST

12. Defendant's Role and Contribution
13. Role and contribution of BATC therapist and/or BATC board in handling a complaint

RECEIVING AND MEDIATION FOR COMPLAINTS COMPLAINTS OFFICER

14. Position and guarantee independence
15. Duties and responsibilities of the complaints officer

DISPUTE ASSESSMENT THROUGH THE EXTERNAL DISPUTE BODY

16. Connection; admissibility check

CONTRIBUTION TO QUALITY IMPROVEMENT – LEARNING FROM COMPLAINTS

17. Report serious complaints; dealing with emergency situations
18. Alerts by data subjects; discussion of signals from complaints
19. Complaint reports and follow-up

FINAL PROVISIONS

20. Dealing with dissatisfaction with the handling of a complaint
21. Establishment, evaluation, amendment, decision on complaints procedure

GENERAL

Article 1 Definitions

1. In this complaints procedure, the following definitions apply:
a. BATC therapist
b. BATC Professional Body
c. Colleague
d. Client
e. neighbor f. Complaint
g. complainant
h. Defendant
The professional who is a registered therapist with the professional organization BATC and who falls under the BATC complaints procedure based on the Wkkgz.

The BATC therapist has the status of a healthcare provider, within the meaning of the Wkkgz (Healthcare Quality, Complaints and Disputes Act. Stbl. 2015, 407).

The organization of BATC practitioners. In the context of this complaints procedure, he is represented by the BATC board or a person designated by this board who has the complaints procedure in his portfolio.

A practitioner working at or for a BATC therapist.

This concerns persons with a paid employment contract, as well as volunteers and persons called in temporarily or on a consultation basis in the context of care/services.

A natural person who wants to use, makes or has made use of the services of a BATC therapist and/or the practice to which the BATC therapist is affiliated. This can also be a natural person who is or has been involved in the system conversations with the services of the care provider and/or the practice to which the care provider is affiliated.

A natural person in the client's environment who acts as his formal representative.

An expression of dissatisfaction with the conduct2 of a BATC therapist/practice and/or the persons employed by/with them towards the individual client or his/her representative.

The term 'complaint' has no limitations with regard to the complainant's purpose,3 complexity, (un)justice or (un)foundedness. However, a complaint will be treated as a complaint if it is submitted exclusively in writing, including by email.

The person who makes a complaint.

This can be: the client himself; or its legal or authorized representative.

The person about whom a complaint has been submitted or the person who bears responsibility for the actions to which the complaint relates.

GENERAL

Article 1 Definitions

1. In this complaints procedure, the following definitions apply:
a. BATC therapist
b. BATC Professional Body
c. Colleague
d. Client
e. neighbor f. Complaint
g. complainant
h. Defendant

The professional who is a registered therapist with the professional organization BATC and who falls under the BATC complaints procedure based on the Wkkgz.

The BATC therapist has the status of a healthcare provider, within the meaning of the Wkkgz (Healthcare Quality, Complaints and Disputes Act. Stbl. 2015, 407).

A practitioner working at or for a BATC therapist.

This concerns persons with a paid employment contract, as well as volunteers and persons called in temporarily or on a consultation basis in the context of care/services.

A natural person in the client's environment who acts as his formal representative.
An expression of dissatisfaction with the conduct2 of a BATC therapist/practice and/or the persons employed by/with them towards the individual client or his/her representative.

This can be: the client himself; or its legal or authorized representative.
The person about whom a complaint has been submitted or the person who bears responsibility for the actions to which the complaint relates.

i. Complaints Officer
j. Complaints handling k. Complaints handling
l. Complaints mediation m. Closing message
n. Dispute
o. Disputes Committee in accordance with
p. Pronunciation
q. He she

The person designated by the BATC to act from an independent and impartial position to provide complainants with information, advice and assistance in order to be able to file a complaint (internally and/or externally) and to guide complainants and accused persons in solving problems (if possible) and/or restoring the relationship.

The actions, procedures and/or bodies related to dealing with complaints from clients.

Hearing the complaint, providing information and advice and offering assistance in handling complaints.

The guidance by the complaints officer of the complainant and the defendant in the search for a satisfactory solution to the complaint.
A written representation of the complaint and the course of the mediation. Including a written notification from the healthcare provider referred to in Article 17, paragraph 1 of the Wkkgz, containing a reasoned opinion about the complaint, which also states – if applicable – which agreements or measures have been decided upon and within what period they will be implemented.

A complaint to which the complainant has not received a response within the agreed term, or has received a negative response or, in his view, an unsatisfactory response, and which the complainant then submits to the external dispute resolution body for assessment.
The external disputes committee to which the BATC therapist has joined – the requirements of the Wkkgz.

The written representation of the dispute resolution, the judgment, any decision and any recommendations of the dispute resolution body. The decision of the assessing disputes body is binding on the BATC therapist and his practice. In this arrangement the “he” form is used. Where "he" is written, "she" can also be read.

Article 2

Objectives complaints procedure

The purpose of the complaints procedure is:

Doing justice to the interests of the individual client and his/her legal representative by carefully handling the complaint.
If possible, resolve the complainant's problems raised through the complaint.

Promote the restoration of the trust relationship between the complainant and the BATC therapist.

Contribute to the quality improvement of the actions of BATC therapists, in a structural sense.

Article 3

Complaints procedure principles

3. The complaints procedure is based on the following principles:

a. Low-threshold and accessible design of the possibility to discuss, resolve and/or assessment of the complaint.
b. Promoting the possibilities for dealing with complaints quickly and within the direct relationship between the client and/or his/her legal representative, and the BATC therapist to discuss and if possible resolve.
c. Independent and impartial mediation and handling of the complaint.
d. Handling the complaint on the basis of hearing both sides of the argument.
e. Respecting the complainant's experience and the client's independent right of complaint.
f. Respecting the BATC therapist's own professional responsibility and the these employed persons.
g. Respecting the privacy of the client, complainant, defendant, the BATC therapist and his practice and other parties involved in the complaint handling; this in accordance with the relevant legal provisions and insofar as this does not lead to a limitation of the right of complaint of the client (and his legal representatives) in accordance with the law and in accordance with these regulations.

ACCESS TO AND ORGANIZATION OF THE COMPLAINTS PROCEDURE

Article 4

Disclosure and facilitation of complaints procedure

4.1. The BATC therapist or his practice ensures that the complaints procedure is made known to clients.
4.2. In the case of employees, the BATC therapist ensures that they are familiar with the complaints procedure for clients and with the option of calling on the services of the complaints officer in the event of dissatisfaction.
4.3. The BATC provides the necessary facilities and resources for the proper functioning of the complaints procedure.

Article 5 Clients' right of complaint

5.1. The client has the right to submit a complaint about the behavior of the BATC therapist and the persons employed by them, towards the client or the legal representative.
5.2. When submitting (and further handling the complaint) the client can be represented by a person designated or authorized by him.
5.3. If an (adult) client has a legal representative (mentor, curator) appointed by the court, he is entitled to file a complaint on behalf of the client. The legal representative adheres to the requirements that apply to him as a good representative.
5.4. A person who is refused by a BATC therapist as a representative of the client has the right to file a complaint about this and have the refusal assessed as to whether this refusal is justified.
5.5. There is no limitation period for submitting a complaint about a BATC therapist, unless further statutory rules apply. The complainant is expected to report his complaint to the healthcare provider within a reasonable time after discovering, or reasonably should have discovered, the deficiency in the service provided by the healthcare provider.

Article 6

Decision to submit or withdraw a complaint

6.1. If the discussion of the dissatisfaction with the BATC therapist has not resolved the dissatisfaction, or if the situation arises in which the complainant does not want or does not dare to contact the BATC therapist directly, the complainant can make his complaint known to the BATC. and call on the support of the complaints officer. This support for the complaints officer consists of assisting the complainant in formulating the complaint and discussing the dissatisfaction with the BATC therapist. If this does not lead to a satisfactory result for the complainant, the complaints officer will provide the complainant with information about the possibilities for submitting the complaint to an appropriate body.
6.2. A complaint must be submitted in writing to the BATC via a dated complaint form.
6.3. The date on which the complaint is submitted via the complaint form to the BATC of the accused, and thus received, is the formal starting date of the complaints procedure, whereby the statutory periods (Article 7.2.) come into effect.
6.4. The complainant has the right to withdraw his complaint or to decide to terminate the procedure at any time during a complaints procedure.
He will then inform the concerned complaints body(s) of this in writing.
6.5. In the event of a legal obligation or an important interest5, the complaints body or another person involved in the complaint may also decide to take appropriate further action after the complainant has terminated the procedure.
This is done with notification to the complainant and the accused, unless an overriding interest opposes this.

Article 7

Progress information, deadlines and closing complaint handling

7.1. The complainant will be kept informed of the progress of the handling of the complaint by the complaints officer assigned to him/her.
7.2. Complaints will be handled as soon as possible, but no later than 6 weeks after the date of submission of the complaint.
If necessary, this period can be extended by 4 weeks, provided that the complainant and the accused have received written notice of this, stating the reasons for this extended period.
7.3. A further extension of the handling period is possible, stating the reasons for this to the complainant and the accused and with the consent of the complainant.
7.4. If the (possibly agreed upon) settlement period for the complaint is exceeded, the complainant has the right to submit the case to the external disputes body for further handling.
7.5. At the conclusion of the complaint handling, the complainant and the accused will receive a written closing message in the case of complaints submitted verbally and in writing. The complaints officer draws up the closing message. This contains a description of the complaint and the course of the mediation, including a reasoned conclusion from the healthcare provider stating, if applicable, which agreements or measures have been decided upon and within what period they will be implemented. The so-called written opinion of the healthcare provider.

Article 8

Confidentiality and Privacy

8.1. All who are (or have been) involved in the handling of a complaint are obliged to observe secrecy with regard to what has become known to them as a result of that handling and of which they know or can reasonably suspect the confidential nature.
8.2. Confidentiality is subject to any statutory provision that
the processing obliges the person concerned to disclose and insofar as this does not lead to an infringement of the client's right of complaint.
8.3. The complaints officer's duty of confidentiality also continues after termination of their position under the complaints or disputes procedure.

Article 9

Registration complaints; storage of complaint files

9.1. The complaints officer is responsible for keeping the file and registering the complaints for which he has supported the complainant.
9.2. Records are kept, stored and registered in such a way that the privacy of the complainant, the accused and any other involved parties is guaranteed and unauthorized persons cannot gain access.
9.3. The complaints registration and the complaint files are kept for two years after the complaint has been dealt with, unless there are compelling reasons to keep this information/documents longer.
After this, core data and documents are kept in an anonymized version.
9.4. The BATC therapist does not keep a note in the client file

Article 10

Complaint handling costs

10.1. The BATC will not charge the complainant for handling complaints via the complaints officer.
10.2. Further agreements will be made in the dispute settlement regarding the (attribution of) costs of handling the complaint by the dispute resolution body.
The BATC and the BATC therapist make these costs known (in advance) to the complainant and the defendant.
10.3. The costs of external support or assistance, called in at the initiative of the complainant or accused person, and the costs of representatives, witnesses or experts involved in the handling of the complaint by the complainant or accused person are for the account of the party(ies) involved.

Article 11 The complaints procedure

11.1 Deploying the complaints officer
The BATC asks a complaints officer to contact the complainant when: - The complainant is the client himself, or his legal or authorized representative;
- The complaint relates to a therapist registered with the BATC;
The BATC asks a complaints officer to contact the complainant when: - The complainant is the client himself, or his legal or authorized representative;
The complaint relates to a therapist registered with the BATC; - The complaint is in writing, as referred to in Article 61. and 6.2.
In addition, the complainant can at all times independently call on a complaints officer through the professional association of the accused.
11.2. A written complaint must contain at least the following information: the name and address of the complainant, the name and practical details of the accused, the content of the complaint, the period in which the complainant was treated by the accused.

HANDLING COMPLAINTS BY THE BATC THERAPIST

Article 12

Defendant's role and contribution

12.1. A accused who becomes aware of a complaint about him directly from the complainant or through another person, gives the complainant the opportunity to explain his complaint, whether or not via the complaints officer.
He makes every effort to reach a (further) discussion and, if possible, a solution; he cooperates in the (further) handling of the complaint about him.
12.2. If this is conducive to a proper discussion of the complaint, the accused will involve a complaints officer from BATC in the further handling of the complaint.
12.3. If an initial meeting is not satisfactory for the complainant, the accused always points out to the complainant the option to (also) submit the complaint to the BATC in order to be able to appeal to the complaints officer. This in the event that the complainant has not yet had contact with the complaints officer
12.4. A defendant about whom a complaint has been lodged has the right to provide an explanation of his actions – orally or in writing – to the complainant or to the complaints officer.
12.5. An accused BATC therapist and for these employees about whom a complaint has been submitted, has the right to take cognizance of this complaint.
The complaint will be made known to the accused as soon as possible after the complaints officer has been deployed and possibly after support from the complaints officer in the written formulation of the complaint.
12.6. Within the BATC, a defendant can call on advice or assistance in handling the complaint about him. He receives general information about this and/or can inquire with the board or the complaints officer.

Article 13

Role and contribution of BATC therapist and/or BATC director in handling a complaint

13.1. BATC therapist and/or BATC administrator encourages rapid and open discussion of dissatisfaction.
13.2. BATC therapist and/or BATC driver will not take over their own contribution to the handling of a complaint without being asked to and without consultation with the accused.
13.3. BATC therapist and/or BATC director weighs with every complaint - of which he becomes aware - whether the assistance to both complainant and accused has been sufficiently arranged. If necessary, he will take action in this regard, with the involvement of or in consultation with the complaints officer.

RECEIVING AND MEDIATION FOR COMPLAINTS COMPLAINTS OFFICER

Article 14

Position and guarantee independence

14.1. The complaints officer acts independently towards the complainant, the accused, the BATC therapist and the BATC board.
Within the general framework of the professional profile, job description and protocol, he determines his own course of action when dealing with a specific complaint.
14.2. The complaints officer works independently and has direct access to the BATC therapist
or the board of the BATC.
14.3. The complaints officer does not perform his function in combination with other (executive, support, advisory, managerial or administrative) functions at the BATC or at other organizations if such a combination of functions could affect his ability to act independently in the role of complaints officer. and to function impartially.
14.4. In the event of – direct or indirect – personal involvement with a complainant or accused or with other parties involved in a particular complaint (handling), the complaints officer will be replaced by another complaints officer.

Article 15

Duties and responsibilities of the complaints officer

15.1. The complaints officer's duties, responsibilities and powers are:
a. Offering (first) complaints handling.
b. Providing information and advice about the options for handling the complaint. c. provide assistance.
d. Gathering information and consulting documents relevant to the complaint.
e. mediation.
f. Process guidance and progress monitoring.
g. Guidance in special situations.
h. Information about the right to complain and complaints management.
i. The solicited and unsolicited advice of the accused, the healthcare provider, about the
handling a specific complaint or about dealing with complaints in a general sense. j. Identification and advice in the context of improving the quality of care.

DISPUTE ASSESSMENT THROUGH EXTERNAL DISPUTE BODY

Article 16

Connection; admissibility check

16.1. The BATC board is responsible for affiliation with an external dispute resolution body.
16.2. The BATC, the BATC therapist and the complaints officer provide complainants with the correct information about their (im)possibilities to appeal to the dispute resolution body.
16.3. If the complainant appeals to the disputes body, because in his opinion the legal/regulatory term for the internal handling of the complaint has been exceeded, the disputes body may decide – if there are reasonable grounds for doing so – to settle the results of this internal handling. wait before handling the dispute to take.
16.4. Following a closing message from the complaints officer, or a (binding) decision or advice from the disputes body, the complainant will receive a written response from the accused within one month. In this response, the BATC therapist concerned indicates whether he will proceed with measures, what the purport of these measures will be and when they will be implemented. If the decision is accompanied by recommendations, the written response of the BATC therapist concerned will state with reasons whether or not he will adopt these.
16.5. The BATC board receives from the BATC therapist involved an (anonymised) copy of the decision/advice of the disputes body, as well as the response of the BATC therapist involved.

CONTRIBUTION TO QUALITY IMPROVEMENT - LEARNING FROM COMPLAINTS

Article 17

Report serious complaints; dealing with emergency situations

17.1. If a complaint concerns an (apparently) serious situation, the complaints officer involved in handling this complaint will request the BATC therapist directly involved in the situation to take appropriate measures. This is stated in the closing message to the BATC board.
17.2. The (complaint about a) serious situation referred to in Article 18.1 in any case means:
- a situation that, if it continues to exist, can lead to direct damage for the client and/or for BATC- therapist and/or his/her practice;
- a situation that poses a serious and structural threat to the quality of services to other clients or for the safety of BATC therapist and/or his practice;
- a crime, calamity, violence in the care relationship and/or an incident or suspicion of this.
17.3. If the complaints officer involved in the handling of the complaint or the BATC board has not shown that the person directly involved or responsible has taken appropriate measures within a reasonable period of time, the BATC board will notify the BATC therapist with a request to to take appropriate measures.
17.4. If the BATC therapist does not take appropriate measures within a reasonable period of time or if there is insufficient clarity about this, the BATC board will take measures. The BATC therapist involved will receive a copy of this intention.
17.5. When a person involved in a complaint (handling) becomes aware of circumstances in which there is (possibly) an urgent interest, he is entitled to immediately contact the person or body that is able or responsible to take appropriate measures to prevent of (possible) adverse consequences. If necessary, this happens without the immediate knowledge and possible permission of the complainant and/or the accused.

Article 18
Signaling by those involved; discussion of signals from complaints

18.1. Anyone who is involved in (the handling of) an individual complaint about a BATC therapist also considers the significance of this complaint as a signal for quality improvement.
He ensures that this signal is made known in the right place, with due observance of the privacy of the client/complainant and the accused.
18.2. The person concerned discusses with stakeholders the signals of dissatisfaction with which he/she is confronted and their significance in terms of quality improvement.
18.3. A BATC therapist ensures that systematic monitoring of actions resulting from the signal takes place. He informs the board of the BATC about quality signals and actions that are or could be important for the professional association as a whole.
18.4. If necessary, the board of the BATC takes appropriate measures in the event of (the suspicion of) structural shortcomings in good care, both with regard to the professional practice of BATC therapists and that of the specific BATC therapist.

Article 19
Complaint reports and follow-up

19.1. Each year, the complaints officer prepares an anonymous complaint report for the board of the BATC on the basis of registered complaints.6
If necessary, he provides these annual reports with recommendations.
19.2. The BATC board discusses these annual reports in an appropriate manner within the professional association and, where possible, shares the findings with fellow professional associations for the purpose of improving the quality of care.
19.3. If, when the complaint reports are drawn up, it appears that specific BATC therapists/practices have relatively more complaints, the complaints officer will inform the BATC board about this situation, stating the name of the BATC therapist concerned. This BATC therapist receives a copy of this.
19.4. If necessary, the board of the BATC takes appropriate measures (in case of (a suspicion of) structural shortcomings in good care.

FINAL PROVISIONS

Article 20

Dealing with dissatisfaction with the handling of a complaint

20.1. A complainant who is of the opinion that the handling of his complaint has not taken place in accordance with the requirements of the Wkkgz and/or the BATC complaints regulations can ask the Health Care Inspectorate for an assessment. This review does not have the character of a substantive (re)assessment of the complaint.

Article 21

Establishment, evaluation, amendment, decision on complaints procedure

21.1. Evaluation of the complaints procedure will take place one year after the entry into force of the complaints procedure and every three years thereafter.
In the context of the evaluation, the director will at least hear from the complaints officer and the interests of BATC therapists.
21.2. These complaints regulations can be amended by the board of the BATC with the consent of the patient/client organization Zorgbelang and the Complementary and Alternative Healthcare Foundation (SCAG), or be withdrawn in favor of new regulations.
21.3. Before deciding to adopt, amend or withdraw the complaints procedure, the board of the BATC asks for advice from the complaints officer. In doing so, the legal provisions regarding the right of advice/consent of BATC therapists are taken into account.
21.4. In all cases not provided for in these complaints regulations, the board of the BATC . will decide this after consultation with stakeholders involved in the implementation of the relevant part of the complaints procedure.

Thus established by the SCAG On behalf of this,
Mr. H.J.F. (Erik) Wekking chairman SCAG 9 February 2019

This complaints procedure was established on 9 February 2017 in accordance with the representative patient/client organization Zorgbelang Nederland, now Zorgbelang Inclusive

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BATC klachtenreglement
februari 2020 versie 20190529 Klachtenreglement Beroepsvereniging V1.4