Make a complaint to the Regulator
There are several places you can go to make an official complaint. Some are listed in the Further Information section of this site.
The Scottish Commission for the Regulation of Care regulates all adult, child and independent healthcare services in Scotland. They make sure that care service providers meet the Scottish Government's National Care Standards and work to improve the quality of care. Any person may choose to complain directly to the care provider or the Care Commission, or both.
The Care Commission will consider whether the care provider has complied with the National Care Standards. Human rights underpin the National Care Standards and the system of inspection and regulation in Scotland. The Standards themselves are informed by human rights principles. These are set out in the National Care Standards as follows:
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Dignity
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your right to be treated with dignity and respect at all times; and enjoy a full range of social relationships.
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Privacy
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your right to have your privacy and property respected; and be free from unnecessary intrusion.
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Choice
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your right to make informed choices, while recognising the rights of other people to do the same; and know about the range of choices.
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Safety
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your right to feel safe and secure in all aspects of life, including health and wellbeing; enjoy safety but not be over-protected; and be free from exploitation and abuse.
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Realising potential
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Your right to have the opportunity to Your right to have the opportunity to achieve all you can
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Your right to have the opportunity to make full use of the resources that are available to you
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Your right to have the opportunity to make the most of your life.
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Equality and diversity
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your right to live an independent life, rich in purpose, meaning and personal fulfilment
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your right to be valued for your ethnic background, language, culture and faith
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your right to be treated equally and to be cared for in an environment which is free from bullying, harassment and discrimination
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your right to be able to complain effectively without fear of victimisation.
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To make a complaint to the Care Commission you can fill in the Care Commission’s complaints form online; telephone or write to any of their regional offices or headquarters; go into any of the Care Commission’s offices or fax them at 01382 207236.
The Care Commission also has a helpline on 0845 603 0890, and more information can be found on their website at http://www.carecommission.com
Make a complaint to the local authority
You might also want to consider making a complaint to your local authority who may have assisted you in receiving care, or provide your care and who have responsibility to make sure your rights are respected.
A final resort - get legal help
If after all the above steps the issue remains unresolved and you feel that the violation of your rights has been serious then you may need to seek legal advice. The Law Society of Scotland has a list of lawyers in your area.
Human rights belong to you and your family. Sometimes there are no easy answers to dilemmas that arise but using a human rights based approach can help you to make sure that the care you or your family receive respects human rights and is of a high standard.