This page includes examples of complaints. Some of these examples may be triggering and we advise caution to readers
The following complaints were made to the Mental Health Complaints Commissioner (MHCC) before the work of the MHCC was transferred to the Mental Health and Wellbeing Commission (MHWC) on 1 September 2023. As such, each of these complaint examples relates to the Mental Health Act 2014 (Vic).
The details in the complaint examples below have been edited to protect the privacy of people who have made a complaint. All names have been changed and identifying details removed. When a person makes a complaint to the MHWC (or formerly to the MHCC), their privacy is our priority. These examples are shared to provide insight into the complaints process, the outcomes they lead to, and the changes in the way services deliver their mental health care.
Complaint examples
Complaint example – Gerry (he/him pronouns)
What Gerry told us
Gerry is a parent and carer for Sarah, a young adult. He made a complaint to the MHCC that Sarah was discharged home without arrangements for support or follow up after she had harmed herself on many occasions. Gerry felt that his views and preferences had been ignored and that staff at the service had not properly assessed Sarah’s treatment and care needs. Gerry had continued to watch Sarah’s mental health deteriorate and he was concerned that there might be a catastrophic outcome when Sarah harmed herself again. He said that each time he contacted the service, he felt unsupported, and he did not know how to help his daughter. Gerry provided consent for the MHCC to speak to Sarah. When we spoke to Sarah, she told us that she was desperate for mental health support, but she found it difficult to tell the staff what she needed. Sarah said that she could not understand why she was not receiving treatment, care and support. She consented to the MHCC sharing and receiving information from her father and the mental health service.
Gerry’s rights
The relevant mental health principles include:
• people receiving mental health services should be involved in all decisions about their assessment, treatment and recovery and be supported to make, or participate in, those decisions, and their views and preferences should be respected (s 11 (c))
• carers (including children) for people receiving mental health services should be involved in decisions about assessment, treatment, and recovery, whenever this is possible (s 11 (k))
• carers (including children) for people receiving mental health services should have their role recognised, respected and supported (s 11 (c)).
What we did
The MHCC wrote to the service and attached a copy of Gerry’s written complaint. With Gerry’s consent we asked the service to contact him directly to discuss his concerns. We asked Gerry and the service about the outcome of the complaint. We also talked with Gerry about support services that are available to him and Sarah.
Outcomes
A manager from the service spoke with Gerry about his concerns, and an appointment was arranged for Sarah to meet with staff about her situation. The service used other strategies to communicate with Sarah that she found more helpful, and the staff assessed that she needed a short inpatient admission to support her treatment and recovery. Gerry said that this outcome could not have been achieved without the MHCC’s involvement. He and Sarah were both happy that she was receiving the treatment she needed.
Complaint example - Brian (he/him pronouns)
What Brian told us
Brian is receiving mental health services at home from the Crisis and Assessment Team (CATT). He works part-time from home and sees customers at home as part of his role. He complained to the MHCC that staff at the CATT team were not working with him in the least restrictive way. Brian told us that the CATT team staff arrived at his home without notice and when customers were there, which was unprofessional and interrupted his work. He also said that he was concerned about damage to his reputation and a breach of his privacy. Brian told us that he had raised these concerns directly with the CATT team however he felt that his concerns were being ignored.
Brian’s rights
The relevant mental health principles include:
• people receiving mental health services should be provided assessment and treatment in the least restrictive way possible with voluntary assessment and treatment preferred (s 11 (a))
• people receiving mental health services should be provided those services with the aim of bringing about the best possible therapeutic outcomes and promoting recovery and full participation in community life (s 11 (b))
• people receiving mental health services should be involved in all decisions about their assessment, treatment and recovery and be supported to make, or participate in, those decisions, and their views and preferences should be respected (s 11 (c))
• people receiving mental health services should have their rights, dignity and autonomy respected and promoted (s 11 (e)).
What we did
With Brian’s consent, we wrote to the service as a part of our assisted referral process. We asked the service to contact Brian directly to discuss his concerns. We also contacted him and the service about the outcome.
Outcomes
A manager from the service spoke with Brian about his concerns. They worked together to develop a plan for contact that met Brian’s needs. The manager spoke with staff involved in Brian’s treatment and care about appropriate engagement if there were customers at his home when they visited.
Brian told us that he appreciated the MHCC’s involvement in assisting him to work with the service to find an acceptable resolution of his concerns. He said that he felt happy to continue using the service and he was relieved about the outcome.
Complaint example – Isabel (she/her pronouns)
What Isabel told us
Isabel is a young adult, who contacted the MHCC with assistance from an interpreter to make a complaint about a recent mental health inpatient admission. Isabel told us that the treatment was excessive, and she received medication that was not properly explained. She also raised concerns that the staff had not always spoken with her with assistance from an interpreter in her preferred language. Isabel said that she wanted to talk with staff about experiences related to her admission.
Isabel’s rights
The relevant mental health principles include:
• people receiving mental health services should be involved in all decisions about their assessment, treatment and recovery and be supported to make, or participate in, those decisions, and their views and preferences should be respected (s 11 (c))
• people receiving mental health services should have their rights, dignity and autonomy respected and promoted. (s 11 (e))
• people receiving mental health services should have their individual needs (whether as to culture, language, communication, age, disability, religion, gender, sexuality, or other matters) recognised and responded to. (s 11 (g)).
What we did
The MHCC wrote to the service and attached a copy of Isabel’s written complaint. With Isabel’s consent we spoke to the service about her concerns and the outcomes she was seeking. We asked the service to write to the MHCC and Isabel with a response to her concerns.
Outcomes
The MHCC and Isabel received a copy of the response. We assessed the information provided and sought Isabel’s feedback. The response from the service said that the staff had not been aware that Isabel required an interpreter with all engagements and had only been providing one when there was a need to provide detailed information. The service advised that further training to relevant staff had been provided about the importance of ensuring that all the consumer’s needs are met, including use of an interpreter. The service apologised for Isabel’s experience, offered to meet with her and assist her with making an advance statement about her views, preferences and needs.
Isabel advised us that she was accepting of the service’s apology, she felt her concerns were acknowledged and she felt they took her concerns seriously as they had provided training to staff. After receiving the response, she was happy to meet with the service to discuss any further needs that she may have.
Complaint example – Harun (he/him pronouns)
What Harun told us
Harun made a complaint to the MHCC after an admission to a mental health inpatient unit. He said that his cultural, dietary, and religious needs were not met. Harun told us that he was not always provided with a space to pray, and his dietary needs were not met as there were limited food options. He told us that when he raised these concerns with staff, they were acknowledged but no steps were taken to meet his needs. Harun told us he was concerned that this might also happen to others.
Harun’s rights
The relevant mental health principles include:
• people receiving mental health services should have their rights, dignity and autonomy respected and promoted (s 11 (e))
• people receiving mental health services should have their individual needs (whether as to culture, language, communication, age, disability, religion, gender, sexuality or other matters) recognised and responded to (s 11 (g)).
What we did
The MHCC wrote to the service and attached a summary of Harun’s complaint. With Harun’s consent we spoke to the service about his concerns and the outcomes Harun was seeking. We asked the service to speak to Harun about his concerns and to tell the MHCC about the outcome of the complaint.
Outcomes
A nurse unit manager from the service spoke with Harun about his concerns, the impact they have had on him, and how Harun could be supported in the future, if needed. The nurse unit manager said that there was a space for Harun to pray and acknowledged that this should have been communicated more clearly and more regularly to him. The staff member also spoke about how Harun’s feedback regarding dietary requirements was being considered by senior staff at the service as they were exploring ways to improve food choices in their inpatient units.
Harun told us that he appreciated the MHCC’s involvement in assisting him, that he felt acknowledged during the discussion and he felt that the service had heard his concerns and wanted to improve his own experiences as well of others.
Complaint example – Matt (he/him pronouns) and Samantha (they/them pronouns)
What Matt told us
Matt is a parent to Samantha, a young Aboriginal person (aged 13). Matt made a complaint to the MHCC after he felt the staff were not providing enough options for treatment for Samantha. Matt felt that Samantha’s cultural needs were not supported when receiving treatment. He told us that he had to source supports from other agencies, making it hard to ensure Samantha’s treatment and support were coordinated. Matt also said that Samantha was not receiving appropriate treatment as he felt her diagnosis had changed. Matt felt that if Samantha was correctly assessed, their NDIS funded supports could be adjusted which would assist them in living well in the community.
Matt’s rights
The relevant mental health principles include:
· carers (including children) for people receiving mental health services should be involved in decisions about assessment, treatment, and recovery, whenever this is possible (s 11 (k))
· carers (including children) for people receiving mental health services should have their role recognised, respected and supported (s 11 (c))
Samantha’s rights
The relevant mental health principles include:
· providing the best possible therapeutic outcomes and promoting recovery and full participation in community life (s 11 (b))
· Aboriginal culture and identity recognised and responded to (s 11 (h))
· children and young people receiving mental health services should have their best interests recognised and promoted as a primary consideration, including receiving services separately from adults, whenever this is possible (s 11 (i))
· children, young people, and other dependents of people receiving mental health services should have their needs, wellbeing and safety recognised and protected (s 11 (j)).
What we did
The MHCC accepted Matt’s complaint as we assessed that there were special circumstances under the Act for dealing with the complaint based on Samantha’s young age and other information provided to the MHCC. We wrote to the service and attached a copy of Matt’s written complaint. With Matt’s consent we spoke to the service about his concerns and sought a written response. After the written response was provided to Matt and the MHCC, we sought Matt’s feedback and assessed whether there was any further information we needed. We then explored how to best support Matt in the resolution of his concerns.
Outcomes
The service wrote to Matt and apologised for his experience and Samantha’s experience. The service offered to develop a new plan to support further assessment of Samantha’s needs and apologised that they had not been clear with Matt about all the available options. The service said that all the staff involved in Samantha’s treatment, care and support would be available to discuss other options, if Samantha and Matt agreed.
The response from the service said they had not engaged the Aboriginal Liaison team during admissions to date, and that this could be arranged for further discussions and admissions. The response from the service apologised that this had not occurred previously and advised they would review and strengthen cultural competency training provided to all staff, as well as focusing on holistic treatment, care and support.
Matt told us that he appreciated the MHCC’s involvement in assisting him and felt that Samantha was going to get the support they needed. Matt also said that he was pleased that the service would review the training provided to staff. Matt agreed to the closure of his complaint. We closed the complaint after recording the improvements that were identified by the service. We also asked the service about progress in implementing these improvements at our quarterly meetings.
Complaint example – Michael (he/him pronouns)
What Michael told us
Michael is a young adult who identifies as male. Michael made a complaint to the MHCC about the treatment he was receiving at his mental health service. He told us that staff used incorrect pronouns on many occasions and referred to him by his dead name (birth name of a transgender or non-binary person who has since changed it), which he no longer identified with. He told us that having to constantly correct people and having to prove who he was had made it hard for him to trust and build rapport with the staff. Michael advised us that there was a note on his medical record about his identified sex and pronouns. He said that it was hard to feel confident in the staff having an interest in his treatment and care if they had not read his medical record and noted this information. Michael said that he had raised his concerns directly with the service but as it continued to happen, he felt that they just did not care about him.
Michael’s rights
The relevant mental health principles include:
• people receiving mental health services should be involved in all decisions about their assessment, treatment and recovery and be supported to make, or participate in, those decisions, and their views and preferences should be respected (s 11 (c))
• people receiving mental health services should have their rights, dignity and autonomy respected and promoted (s 11 (e))
• people receiving mental health services should have their individual needs (whether as to culture, language, communication, age, disability, religion, gender, sexuality, or other matters) recognised and responded to (s 11 (g)).
What we did
The MHCC wrote to the service and attached a copy of Michael’s written complaint. With Michael’s consent we spoke with staff at the service about his concerns and explored options with them to assist in the resolution of his complaint. We asked the service to speak with Michael and to write to the MHCC and Michael about his concerns.
Outcomes
A manager from the service spoke with Michael about his concerns and acknowledged his distress about these experiences. The manager spoke to Michael about the steps the service was taking to improve their systems to ensure that a person’s identity is accurately recorded, and that it is made more visible to staff. The manager spoke about staff being prompted to ensure they are aware of a person’s pronouns before speaking with them. The manager then wrote to Michael apologising for his experiences and confirmed the actions that the service would take to improve their systems for himself and others across their service.
Michael told us that throughout the complaint process, he felt acknowledged, supported and that both the MHCC and the service had a genuine interest in resolving his concerns. Michael felt that because the manager spoke to him first, the written response felt sincere and honest to him. Michael felt he had been seen and heard. Michael said he was happy with the outcome and was looking forward to building trust with the service.
Complaint example – Mia (she/her pronouns)
What Mia told us
Mia made a complaint to the MHCC as she felt that the treatment she was receiving from her case manager and the mental health service was not therapeutic and was distressing to her. She told us that the service was treating her diagnosis rather than treating her and that her current management plan was causing her to harm herself rather than supporting her recovery. She told us when she raised new health concerns with staff but she was told they were a symptom of her illness rather than receiving an assessment. Mia said that she was being stigmatised because of her diagnosis and this was preventing her from receiving appropriate assessment and treatment.
Mia’s rights
The relevant mental health principles include:
• providing the best possible therapeutic outcomes and promoting recovery and full participation in community life (s 11 (b))
• people receiving mental health services should be involved in all decisions about their assessment, treatment and recovery and be supported to make, or participate in, those decisions, and their views and preferences should be respected (s 11 (c))
• people receiving mental health services should have their medical and other health needs, including any alcohol and other drug problems, recognised and responded to (s 11 (f)).
What we did
MHCC wrote to the service and attached a copy of Mia’s written complaint. With Mia’s consent we spoke to the service to discuss Mia’s concerns and the impact they were having on her. We asked the service to speak to Mia and to write to the MHCC to respond to her concerns and confirm any actions that had been agreed or outcomes that had been achieved.
Outcomes
The complaint liaison officer from the service spoke with Mia about her concerns and developed a plan together to assist her a better way. Mia identified that a change in case manager would assist her. The service agreed to support this change. They worked together to develop a communication plan for Mia as particular words and phrases were distressing and they explored options that would support Mia in her recovery. Mia was also provided contact information for staff at the service so she knew who to speak to if she had any new concerns. After their meeting, the service wrote to Mia and apologised for her experiences and acknowledged the impact of those experiences on her. The letter also provided the agreed outcomes from her meeting and reassured Mia that they had heard her concerns.
Mia told us that the complaint liaison officer was kind and genuine and showed a real interest in working with her to resolve her complaint. She felt her concerns were validated and she was happy to be working with a new case manager. Mia told us that she appreciated the time the MHCC staff took with her, and she did not feel rushed through the resolution process. Mia told us she is looking forward to the future and after her experience, if she has any new concerns, she is happy to speak directly to the service.
Complaint example – Rose (she/her pronouns)
What Rose told us
Rose contacted the MHCC to make a complaint about her experiences with a mental health service. She told us that she felt her treating doctor had breached her privacy when he spoke to a family member who is not involved in her care. Rose told us that she did not provide consent for her details to be shared with the family member and that she was upset that her doctor had shared her information with them.
Rose said that the family member would share untrue and inaccurate details about her with the service to hurt her. Rose told us that her treating clinician had ignored these concerns when she raised them. This made Rose less confident in the treatment she was receiving. Rose said that the clinician had not been sensitive to her concerns and needs and her past experiences of trauma. She expressed a view that a female clinician would have been more understanding about her concerns.
Rose’s rights
The relevant mental health principles include:
• people receiving mental health services should be involved in all decisions about their assessment, treatment and recovery and be supported to make, or participate in, those decisions, and their views and preferences should be respected (s 11 (c))
• people receiving mental health services should have their rights, dignity and autonomy respected and promoted (s 11 (e))
• people receiving mental health services should have their individual needs (whether as to culture, language, communication, age, disability, religion, gender, sexuality or other matters) recognised and responded to (s 11 (g)).
What we did
The MHCC wrote to the service as a part of our assisted referral process. We attached a copy of Rose’s written complaint. With Rose’s consent, we asked the service to speak to her about her concerns. We asked the service to write to the MHCC and Rose after the discussion to advise of any actions to resolve her concerns and the outcome of her complaint.
Outcomes
The manager from the service spoke to Rose about her concerns and said that Rose’s family member was recorded as her next of kin on her medical record. They advised Rose about how her record could be updated. The manager acknowledged Rose’s distress that Rose’s record had not been updated when she initially raised her concerns to the clinician. The manager apologised for the actions of the clinician when Rose had raised these concerns, and they also spoke about a change of clinician. The service wrote to the MHCC and Rose with an apology and the agreed outcomes from their meeting. We assessed the information provided and we also sought Rose’s feedback.
Rose told us that she accepted the apology and proposed actions from the service. Rose felt that her concerns were taken seriously. Rose said she had already met with her new female clinician and felt she could have a therapeutic relationship with her. Rose agreed to the MHCC closing the complaint.
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