Complaints about Mental Health Services

The Health and Disability Services Complaints Office (HaDSCO) is an independent Statutory Authority offering an impartial resolution service for complaints relating to health, disability and mental health services in Western Australia and the Indian Ocean Territories.

This information is also available as an Information Sheet.

Please click on one of the questions below or scroll down to read the whole section. 

• Who can make a complaint?
• Who do I speak to?
• How long do I have to raise a complaint?
• What services can complaints be about?
• What can a complaint be made about?
• What can be achieved by making a complaint?

Who can make a complaint?

A complaint can be made by:

• The person who received the service.
• A relative, representative or carer.
• A representative of a person who died.
• A provider, on behalf of the person who received the service from another provider.
• A carer, about a failure to comply with the Western Australian Carers Charter as set out in the Carers Recognition Act 2004.

If you’re complaining on behalf of someone else, make sure you get their permission before lodging your complaint form.  If the person making the complaint is not a relative of the service user, they will need to sign the declaration on the HaDSCO complaint form to say that they have no financial interest in the outcome of the complaint and that they are acting without payment.

Who do I speak to?

If you’re not satisfied with your service provider, please first raise your concerns with them directly. We will ask if you have raised your complaint with the service provider before lodging a complaint with HaDSCO.  Please see our complaints section for tips on how to raise a complaint with a service provider.

Speaking directly with your service provider is often the quickest and easiest way to resolve complaints. If you are unable to take your complaint to the service provider directly or your complaint has not been resolved, then you can raise a complaint with HaDSCO.

How long do I have to raise a complaint?

HaDSCO is generally unable to deal with matters that are more than two years old or that have already been determined by a Court, registration board or tribunal. In these cases, referrals to alternative organisations may be suggested.

Some discretion exists if there is a good reason for the delay, for example if you only became aware of the problem that led to the complaint after the two year period has expired. Contact HaDSCO if you are unsure about whether your complaint is within the time limit.

What services can complaints be about?

A complaint can be made about an individual or organisation that provides a mental health service. This includes:

• Allied health professionals.
• Community mental health services.
• Mental health nurses.
• Non-government organisations that are publicly funded.
• Private hospitals.
• Private psychiatric hostels.
• Psychiatrists.
• Psychologists.
• Public Hospitals.

What can a complaint be made about?

The Mental Health Act 2014 sets out the complaints HaDSCO is able to accept. These include by:

Not delivering a service, including:

• presenting for assessment and being discharged without any treatment.
• access to medication being restricted or refused.

Providing a service that should not have been provided, including

• Disagreeing with mental health assessments.
• Hospital treatments being provided against your will.
• Not understanding why you have been made an involuntary patient.

In the manner of providing a service, including:

• Not listening to your concerns and point of view, including for discharge planning.
• By not ensuring patient centred care focused on appropriate communication.
• Lack of information regarding requirements of a Community Treatment Order.

Delaying, denying or restricting the consumer’s access to records, including being refused access to the medical information held on your personal file.

Breaching confidentiality, including sharing personal information without obtaining your consent.

Charging an excessive fee, including not being informed prior to treatment of an estimate of costs, or not providing Informed Financial Consent.

Failing to deal with a complaint effectively, including:

• Not receiving a response to your complaint or the response not adequately addressing issues.
• Not allowing you to make a complaint.

Failing to comply with the Western Australian Carers Charter, including:

• Carers not being informed about discharge arrangements.
• Carers not communicated with.
• Carers not being included in planning and treatment arrangements where appropriate.

Failing to comply with the Charter of Mental Health Care Principles, including a Service provider not following the treatment arrangements in a mental health care plan.

Failing to comply with the Disability Services Standards, including a Service provider not recognising intellectual disability or other disability in mental health planning.

What can be achieved by making a complaint?

Complaints can be valuable feedback for service providers and sometimes lead to quality improvements for other service users. If you have not been able to resolve your complaint directly with the service provider, we may be able to help you achieve outcomes such as an:

• Explanation.
• Apology.
• Change in policy or procedure.
• Refund or waiver of fees.
• Access to counselling or other support.
• Access to a service.
• Training or education for the service provider.
• Disciplinary action.
• Conciliation conference or negotiated settlement.
• Investigation.

HaDSCO supports improvement through complaint resolution and your complaint may help to improve the service for others.

If you are ready to raise a complaint with HaDSCO, please go to our online Complaint form or contact us.