Complaints are an inevitable part of aged residential care. Providers deliver round-the-clock care to residents with complex medical needs, often in emotionally charged situations. Even where care is appropriate, families may feel distressed, unheard or uncertain, and differing expectations around treatment aims may lead to dissatisfaction.

However, if they are handled well complaints can do more than just resolve concerns. Complaints are an opportunity to strengthen trust and drive meaningful improvements in care.

Under the Health and Disability Services Consumers' Code of Rights (the Code), all consumers have a right to complain (Right 10). How you manage and respond has a significant impact on resident and family satisfaction, and on whether concerns are escalated to the Health and Disability Commissioner (HDC).

1. Strong documentation protects you and improves outcomes

Maintaining clear, contemporaneous clinical records is essential. It supports both effective complaints resolution and your ability to demonstrate the quality of care provided.

Documentation gaps are a common issue in complaints escalated to the HDC. Without clear records it can be difficult to explain:

• What happened;
• How care met appropriate standards;
• Why particular decisions were made; and
• What constraints or circumstances were relevant.

Equally important is documenting the complaints process itself. This shows concerns have been properly investigated and helps reduce the likelihood of external investigation.

2. Your approach shapes the outcome of every complaint

It is natural to feel defensive when a complaint is received. However, providers who resolve complaints most effectively approach them as opportunities to learn and improve.

In most cases, complainants are not seeking to assign blame. Instead they want to understand:

• What happened;
• Why it happened; and
• What will change as a result.

An improvement-focused approach helps to shift the conversation from conflict to collaboration. When people feel heard and see meaningful change they are far less likely to escalate concerns.  

3. Early, clear communication prevents escalation

Early engagement is critical.

Keeping complainants informed throughout the process builds trust and reduces frustration. This includes:

• Acknowledging the complaint promptly (within five working days unless resolved sooner);
• Explaining what steps will or have been taken to investigate and expected timeframes (if investigation is expected to take more than 20 working days then you must also explain why);
• Providing regular updates; and
• Being open about findings.

Where something could have been done better, a clear and sincere apology can be powerful. Often an explanation combined with a genuine apology is enough to resolve the concerns.

By contrast, defensive or overly technical responses can leave complainants feeling dismissed. Poor communication is a key driver of escalation, with communication issues featuring in 68% of complaints to the HDC in the year to 30 June 2025. If a complainant feels like a provider's response is a cover up or attempting to avoid accountability then it becomes almost impossible to resolve the complaint without involving an independent third party.

4. Your policy should guide action, not just set rules

A robust complaints policy is essential to ensure that complaints are properly investigated and addressed. However, complaints processes also need to be workable and understood by staff.

Effective complaints policies typically include:

• Clear internal escalation pathways and responsibilities;
• Defined timeframes for responding which reflect the requirements set out in Right 10 of the Code;
• A focus on identifying potential learnings and opportunities for improvement;
• Mechanisms for feeding learning back into systems and staff training.

Importantly, your complaints policy reflects and shapes your organisation's culture. A transparent, improvement-focused policy fosters collaboration. A defensive policy does the opposite.

5. Work with complainants, not against them

One of the most effective ways to resolve complaints is to bring the complainant into the process.  

This may involve:

• Keeping the complainant updated as the investigation progresses;
• Sharing investigation findings (to the extent appropriate); and
• Explaining the steps being taken to learn and improve from the incident.

When providers demonstrate empathy, transparency and a commitment to improvement, complaints are far less likely to escalate.

How can we help?

Our Retirement Villages and Aged Care Team understands the realities of Aged Care. We work alongside providers to develop practical, legally sound complaints processes that support early resolution and continuous improvement.

We can assist with:

• Reviewing and strengthening complaints policies;
• Advising on specific complaints and response strategies; and
• Supporting internal investigations and root cause analysis.

A proactive, improvement-focused approach does more than reduce escalation risk. It builds stronger, more trusting relationships with residents and their families.

If you would like to review your complaints processes or discuss a specific issue, feel free to get in touch with our team.