Rights based approach to investigating complaints

We believe it is good practice for complaint handlers to consider whether an organisation has considered someone’s rights when delivering services or making decisions. Complainants may not always express this as part of their complaint but that does not mean a person’s rights cannot be considered as part of an investigation.

Complaint handlers are not expected to have technical knowledge of human rights law, and a complaints process cannot establish whether there has been a ‘breach’ of someone’s human rights. However, it is good practice for organisations to take a rights-based approach to complaint handling, especially in a service that is closely linked to human rights protection. This is particularly relevant in services such as social care and housing but may also be relevant in other areas such as planning.

When thinking about rights-based issues, complaint handlers should think about the five FREDA principles. These are the core values that underpin all rights-based legislation. If an organisation has acted in line with these principles, then it is likely they have taken account of an individual’s rights.  

Fairness: Organisations should be able to show they have given the opportunity for individuals to express their views and wishes. Organisations should be able to show how an individual’s views have been listened to and weighed alongside other factors when making decisions about care services. Decision-making should be based on objective evidence and relevant factors, and free from arbitrary considerations or unclear conclusions. Doing this allows other people to determine how they might be treated in similar circumstances. 

• Respect: Organisations should show respect to individuals’ rights, values, beliefs and property. Respect is demonstrated through courteous communication, that is sensitive to the individual's needs and circumstances, which provides them with a sense of being valued as an individual.   

• Equality: Organisations should be able to show they have treated individuals fairly in the way they access and receive services, regardless of race, sex, faith, sexual orientation, gender reassignment, marital status, pregnancy, or disability.  

• Dignity: Organisations should demonstrate they have provided care that supports and promotes a person’s self-respect and sense of worth, with regard for their individual circumstances. The fact that some individuals will have a limited ability to understand their circumstances should never diminish the organisation’s treatment of them.  

• Autonomy: Organisations should ensure that individuals are supported to make free and informed choices about how they are treated. This means organisations should provide clear, sufficient and relevant information and opportunities to enable individuals to participate in decisions relating to their care.