How to make a Complaint

Complaints

As part of its duty to serve and protect the public interest, the Ontario College of Social Workers and Social Service Workers (the “College”) is required to have a formal complaints process, which gives anyone the ability to have their complaint about a College member’s conduct or actions submitted to the College’s Complaints Committee.

This Web page provides a brief overview of the College’s complaints process. A downloadable copy of the College's Complaints Process brochure is also available. Although every effort has been made to ensure that the information is accurate and current, it is not intended to be an exhaustive summary of the complaints process. For comprehensive information about the College’s complaints process, please consult the Act, regulations and College bylaws. In the event of any discrepancy between this page and the Act, regulations and College bylaws, the latter will prevail.

What is a complaint?
A complaint is an expression of concern about the conduct or actions of a member relating to professional misconduct, incompetence or incapacity on the part of a member of the College.

Can a complaint be made concerning individuals who are not members of the College?
Generally, the College only has jurisdiction to investigate written complaints relating to the conduct of a member of the College. The Complaints Committee of the College may not, therefore, have jurisdiction to investigate a complaint concerning conduct that occurred before the person in question was a College member or after the person is no longer a College member.
Exceptions:

The College may be able to deal with a complaint about a current College member concerning conduct that occurred before he or she became a member and
The College can deal with a complaint about a former College member concerning conduct that occurred while he or she was a member.

What do the terms “professional misconduct,” “incompetency” and “incapacity” mean?

The term “professional misconduct” is conduct that contravenes the Act, the regulations made under the Act or the College’s bylaws; conduct that contravenes an order of the College’s Discipline Committee, Complaints Committee, Council or Registrar; or conduct that is defined as being professional misconduct in the regulations.
The term “incompetency” refers to a member of the College who has displayed, in his or her professional responsibilities, a lack of knowledge, skill or judgment or disregard for the welfare of a person or persons of a nature or extent that demonstrates that the member is unfit to continue to carry out his or her professional responsibilities or that a certificate of registration held by the member should be made subject to terms, conditions or limitations.
The term “incapacity” refers to a member who is suffering from a physical or mental condition or disorder making the member unfit to carry out his or her professional responsibilities or, the member’s certificate of registration should be made subject to terms, conditions or limitations.

When must a complaint be made?
There is no time limit in which to make a complaint. However, delay in making a complaint may affect the process. For example, lengthy delay may cause relevant documents or witnesses to become unavailable and may impact on the investigation and resolution of the complaint.

How should a complaint be made?
Complaints must be made in writing.

What if a complaint concerns more than one member of the College?
A separate written complaint must be filed in connection with the conduct or actions of each member of the College.

To whom must the complaint be made?
Complaints should be addressed to the College’s Director, Complaints and Discipline, at the address listed below.

What must be included in a complaint?

the name of the person making the complaint;
the telephone number and address at which the person making the complaint can be contacted by the College;
the name of the member of the College who is the subject of the complaint, or, if the member’s name is not known, sufficient particulars so that, by reasonable inquiry, the College can determine the name of the member; and,
a statement regarding the conduct or actions of the member of the College with sufficient details to identify the concerns of the person making the complaint, including,
- a description of the conduct or actions of the member of the College giving rise to the complaint, with sufficient particulars to enable the event or events giving rise to the complaint to be identified; and
- the date(s), time(s), and place(s) of the event or events giving rise to the complaint, if known.

A complaint may contain other information which is relevant to the subject matter of the complaint or which may assist in the investigation of the complaint, including a list of the names, telephone numbers and addresses of any witnesses to the conduct or actions of the member of the College who is the subject of the complaint.

Can complaints be made anonymously?
No. In order for the member complained against to fully respond to the complaint, the identity of the individual making the complaint is provided.

What happens after a complaint is received by the College?
Generally, once a written complaint is received,

The individual who made the complaint can expect to receive a letter from the College acknowledging receipt of the complaint and advising of the process that will follow.
The member complained against is notified in writing of the College’s receipt of a complaint and is provided with a copy of the complaint or a written summary of the complaint and at least 35 days to provide the College with a written response to the complaint.
The individual who made the complaint is then provided with a copy of the member’s response or a written summary of the member’s response and an opportunity to provide the College with any new information or clarification concerning the response submitted by the member complained against.
Further information may be needed. If so, attempts will be made to obtain it.

Who makes decisions concerning complaints?
A three-member panel of the six-member Complaints Committee meets to discuss each complaint in detail and make a decision. The panel reviews all the correspondence and information presented by the individual who made the complaint and the member complained against and any further relevant information obtained.

Does the individual who filed the complaint or the member complained against meet with the Complaints Committee?
No. The Committee normally reviews documentation only.

What if the College has information about a previous complaint, mandatory report, discipline or professional misconduct history, concerning the member complained against?
The Complaints Committee may review information from a previous complaint, if it is relevant.

What kinds of decisions can the Complaints Committee make?
The Complaints Committee may:

Refer the matter to the Discipline Committee of the College.
Refer the matter to the Fitness to Practise Committee of the College.
Require the member complained against to appear before the Complaints Committee to be cautioned.
Take any action the Complaints Committee considers appropriate in the circumstances consistent with the Act, the regulations or the bylaws.
Dismiss the complaint

Can the Complaints Committee award money or damages?
No.

How is the Complaints Committee’s decision communicated?
The Complaints Committee must give its decision in writing and, except in the case of a decision to refer the matter to the Discipline Committee or the Fitness to Practise Committee of the College, must give written reasons for its decision. A copy of the written decision made by the Complaints Committee and its reasons for the decision, if any, is mailed to the individual who made the complaint and to the member complained against.

Are Complaints Committee decisions available to the public?
No.

Is the complaints process confidential?
The College cannot guarantee that the information or documents you supply to it will always be kept confidential. Information or documents may be given to other individuals contacted during the course of investigation, for the purpose of obtaining their comment or response. If allegations are referred to a discipline hearing, such information may be supplied to witnesses during the course of preparing for the hearing. In addition, information relating to a complaint may be considered by the Complaints Committee in relation to another complaint to which the information is relevant.

Will my home address and telephone number be provided to the other side?
The College will make its best efforts to prevent disclosure of the home address and telephone number of the member complained against and the individual making the complaint. Errors can, however, occur. As the College may provide a copy of your correspondence to the other side, please do not include your home address or home telephone number in your correspondence to be copied to the other side.

How long will it take for the complaints process to be completed?
The Act requires the Complaints Committee to use its best efforts to dispose of a complaint within 120 days of the date on which the College received it. Although the College strives to dispose of complaints as quickly as possible, it is not always possible to do so within 120 days.

Can the decision of the Complaints Committee be appealed?
No.

Should I obtain legal advice to assist me in the complaints process?
You may choose to obtain legal council but it is not a requirement of The College.

After the complaints process is completed, what happens to the documentation collected by the College?
A member’s complaint history may be relevant to future complaints concerning that member. The College, therefore, retains the complete complaint file including all of the correspondence received from the individual who made the complaint and the member complained against. Only the College Registrar, College legal counsel and College staff members who support the Complaints Committee have access to these files.

For more information, contact:

Marlene Zagdanski
Director, Complaints & Discipline
Ontario College of Social Workers and Social Service Workers
250 Bloor Street East
Suite 1000
Toronto, ON M4W 1E6
investigations@ocswssw.org
Tel: (416) 972-9882, ext. 208 or, toll free (877) 828-9380. ext. 208
Fax: (416) 972-1512