One of the key responsibilities of the College is to address concerns about the professional conduct of registrants. This work happens through our complaints and discipline processes. There are several ways that an issue can be brought forward to the College: through a complaint or through a report. Some complaints and reports, but not all, will move into the discipline process. It’s normal for these processes to feel daunting to registrants, but they play a crucial role in ensuring public trust in the professions.
Below are some of the most common questions we receive from registrants about the complaints process. Stay tuned for future articles that delve into reports and discipline processes.
What happens if a complaint is filed against me? Will I be notified? Should I hire a lawyer?
If someone files a complaint against a registrant, the College will send them a written notice, usually by email. The registrant will have a chance to respond to the complaint, sharing their side of the story and will have at least 35 days to review the complaint and prepare a response.
Though not required, the College strongly recommends that registrants seek legal advice if a complaint has been filed against them. Consulting with a lawyer who is familiar with the College’s complaints process can help registrants navigate the process and ensure they have properly addressed the concerns raised in the complaint in their response.
We understand that it can be a very stressful process for a registrant having a complaint filed against them. Registrants are not expected to respond to the complaint immediately, and they should take the time they need to review the information and speak with a lawyer. College staff in the Complaints and Discipline Department are also here to help answer any questions registrants may have about the complaints process.
If a complaint is filed against me, will my certificate of registration be revoked?
No. If a complaint is filed against a registrant, the Complaints Committee does not have the legislative authority to revoke a certificate of registration. There is always a possibility that a complaint will lead to a discipline process where a registrants’ certificate is revoked; however, this is not the most likely outcome. The majority of complaints – 60% – go to no further action.
Of the remaining complaints, 30% result in the registrant receiving remedial guidance. Registrants may be required to get supervision and/or counselling or undergo specific professional development, but this information is not made public or shared on the Online Register.
A very small percentage are referred to the Discipline Committee. These cases are shared in Perspective and posted on the registrant’s Online Register profile. Examples of cases that are referred to the Discipline Committee include sexual abuse, fraud and serious confidentiality breaches. It’s also important to note that not all complaints referred to the Discipline Committee result in the revocation of the registrant’s certificate. Other outcomes include:
- a reprimand;
- restrictions on the registrant’s registration, called “terms, conditions or limitations”;
- imposing a fine; or
- suspending the certificate of registration.
Can I still practise if a complaint has been filed against me?
In the majority of cases, a registrant can still practise if a complaint has been filed against them. In serious cases, such as cases involving allegations of sexual abuse, the College may ask a registrant to sign an undertaking agreeing not to practise and/or limiting their practice while the investigation is ongoing, or if the complaint is referred to Discipline, that restrictions be placed on the registrant pending the hearing.
Will the public be informed that a complaint has been filed against me?
No. The complaints process is a confidential process, meaning in most cases, the public will not be informed that a complaint has been filed against a registrant. However, if for example, the concerns raised in the complaint include serious allegations such as sexual abuse, the College can confirm and/or share the fact that the College is investigating.
What measures are taken to ensure the validity of a complaint?
Clients may be unsatisfied with the outcome of services for various reasons and file a complaint, but that doesn’t mean anything unethical or unprofessional occurred.All complaints go through a preliminary assessment when they are received to make sure that the information meets the requirements of a complaint. However, it is not the role of College staff to determine if a complaint received is “valid.” As a screening Committee, the Complaints Committee reviews and determines the appropriate response to address the concerns raised in the complaint. At times, the Complaints Committee can decide to refuse to investigate a complaint if it meets certain criteria that meets a threshold of frivolous, vexatious or an abuse of process. These criteria are defined in the College’s governing legislation (the Social Work and Social Service Work Act, 1998).
How long does the complaints process take?
Generally, the investigation process can take from six months to a year to complete, meaning, before it goes to the Complaints Committee for review. There are several factors that may impact the time it takes for the College to complete an investigation – for example, a delay in receiving documents from third parties or the volume of complaints received at any given time by the College.
If I disagree with the decision made, can I appeal?
No. There is no appeal process.
What should I do if I have additional questions?
As a first step, check out the complaints information for registrants on our website. If your question isn’t addressed on the webpage, contact the Complaints and Discipline Department at investigations@ocswssw.org.
Extra info: What’s the role of the Complaints Committee?
The Complaints Committee acts as a screening body for complaints – they review complaints received and make decisions to address the concerns raised. They don’t look for perfection in a registrant’s conduct, but assess whether the behaviour meets the minimum requirements of professional standards. As mentioned above, most of the complaint cases (about 60%) go to no further action. This means that the Committee does not believe the conduct outlined in the complaint fell below professional standards.
In about 30% of complaints, the Committee orders the registrant to undergo a remedial process, such as completing a professional development course or being required to get supervision. The Complaints Committee only refers a very small percentage of complaints to the Discipline Committee. The discipline process, which includes a public hearing and penalties, is reserved for the most serious types of complaints such as accusations of sexual abuse or fraud.