Before Filing a Complaint

What you need to know

Before filing a formal complaint to the College about a social worker, you may wish to discuss your concerns directly with the social worker or the employer. This can often be the best and fastest way of resolving your concerns.

If you decide to file a complaint please ensure you include your contact information (email and direct phone number).

 

How to File a Complaint

Step 1: Review the complaints process 

Please review the College’s Complaints process to learn about what actions the Complaints Committee may take.  If you have further questions, contact the Regulatory and Candidacy Consultant Sherry Battiste at sherry.battiste@nscsw.org.

Step 2: Complete and sign the online Complaint Form

If you are complaining about multiple members, please complete separate Complaint Forms for each member to ensure confidentiality as between members.

Step 3: Attach any relevant documents

You may include relevant supporting documents that may assist in the investigation of the complaint. However, you must clearly explain how each document or how parts of each document support your concern(s). If you do not provide an explanation about how each document relates to your concerns, your documents may be returned to you and will not be considered as part of your complaint.

Please include the descriptions of any attachments in the body of the email to the College’s Regulatory & Candidacy Consultant or as a separate document.

Step 4: Submit the signed Complaint Form and related documents to the College

Send the following to the College’s Regulatory & Candidacy Consultant Sherry Battiste:

  • Completed and signed Complaint Form
  • Relevant documents
  • Explanation of relevant documents

Email: sherry.battiste@nscsw.org
Mail: ATTN: Sherry Battiste, 1888 Brunswick Street, Suite 700, Halifax, NS B3J 3J8

Frequently Asked Questions

Filing a Complaint

A complaint is an expression of concern about the conduct or actions of a social worker – registered member with the College – related to the care provided or other aspects of the professional relationship. Complaints often allege that the social worker did not meet the standards expected by the College, other members of the profession and/or the public.

The College only has jurisdiction to investigate complaints submitted that relate to the conduct of a member of the College.

The College may deal with a complaint about a former College member concerning conduct that occurred while they were a member.

There is no time limit to make a complaint. However, delaying submitting complaint may impact upon the College’s ability to meaningfully consider the complaint. For example, a lengthy delay may cause relevant documents or witnesses to become unavailable and may impact on the investigation and consideration of the complaint.

If you have a concern regarding the practice or conduct of a social worker we suggest that you first attempt to address your concerns directly with the social worker, agency and/or employer if applicable. This is usually the most direct way to address your concerns.

If this is not possible or successful, you may wish to file a complaint with the College.

Please reviewing the Complaints Process here prior to filing a complaint.  

Complaints filed with the College must be made in writing through the College’s online complaint form.

Separate complaints must be filed for each member.

Please include the following in your complaint:

  • your name (the person making the complaint);
  • your contact information including telephone number, address and email address;
  • the member’s name who is the subject of the complaint, or, if the member’s name is not known provide enough details so the College can determine the name of the member;

Your statement regarding the conduct or actions of the member of the College should provide sufficient details to identify the concerns of the person making the complaint, including;

  • a description of the conduct or actions of the member of the College giving rise to the complaint, including a brief explanation of the context under which it occurred; and,
  • the date(s), time(s), and place(s) of the event or events giving rise to the complaint, if known.

A complaint may contain other relevant information which may assist in the investigation of the complaint, including but not limited to, the names and contact information of any witnesses to the alleged conduct of concern or relevant documents.

If you provide documents, you must provide a description of the documents and indicate how they relate to your complaint. If you do not provide an explanation about how each document relates to your concerns, your documents may be returned to you and will not be considered as part of your complaint.

No. The College cannot process or dispose of a complaint unless the member complained against has been provided an opportunity to fully respond to the complaint. This includes knowledge of the identity of the individual making the complaint.

Frequently Asked Questions

The Complaints Process

Yes, with a few exceptions. Any relevant information or documents you share with us will also be shared with the other party to the complaint.

Both the Complainant (person filing complaint) and the College member (social worker) have a chance to respond to the information that will be reviewed by the Complaints Committee.

Although the College aims to maintain confidentiality in all its investigations, there are occasions when information or documents you provide to us may be disclosed to other people. For instance, information may need to be provided to an individual we contact in the course of the investigation so that we can get a statement or documentation from them.

However, if the complaint is referred to the Discipline Committee, any documents or information you supplied throughout the course of a complaint investigation may be used at a discipline hearing which are open to the public.

You may choose to obtain legal advice or representation, but it is not required.

The Complaints Committee meets to review and consider each complaint. Before considering the complaint, the Committee reviews all the correspondence and information presented to it as well as any further relevant information that the Committee independently obtained.

Once the College’s Complaints Committee confirms that the person is a Registered Social Worker or a Social Worker Candidate, the Committee will review the complaint.

  • If the Complaints Committee determines that the complaint is not within the jurisdiction of the Social Workers Act to investigate, then you will be notified of this decision and the complaint will be closed.
  • If the complaint can be investigated, then you will be informed of this decision.
  • A copy of the written complaint will be forwarded to the member who is complained against and the member (social worker) is given at least three weeks to respond.
  • Correspondence is shared with both the member and complainant is shared with each other respectively.

The Complaints Committee may offer you the option of mediation to attempt to resolve the complaint. You are not obligated to accept mediation. If mediation resolves the complaint, the complaint is closed.

If the Complaints Committee investigates and determines that there is a violation of the Social Workers Act, Code of Ethics, or Standard of Practice the Complaints Committee may direct that the complaint be dealt with by:

  • dismissing the complaint and providing any useful guidance to the complainant, the respondent (social worker) or any other people associated with the complaint;
  • informally resolving the complaint;
  • counseling the respondent (social worker);
  • with the respondent’s (social worker’s) consent, order that they receive a reprimand, or that they undergo any necessary treatment or re-education and/or;
  • if the complaint or complaints before the Committee warrant a discipline hearing, it will
    be referred to the Discipline Committee

(as identified under section 29(2) of the Social Workers Act)

We aim to address all complaints in a timely and efficient manner while ensuring that each complaint is dealt with fairly and balances the rights of the complainant and the member (social worker).

The time required to address the complaint also is determined by the nature and complexity of the complaint.

Frequently Asked Questions

Discipline Committee 

When the complaint is referred to the Discipline Committee, there is a hearing. The member (social worker) is notified in writing of the time and place for the hearing as well as the specific allegations. The members and the Board both attend the hearing.

After the Complaints Committee refers the complaint to the Discipline Committee and before the disciplinary hearing, the member (social worker) may propose, in writing, a settlement agreement.

This settlement agreement may or may not be accepted by the Discipline Committee

The Discipline Committee includes of five members. Four of the members are also on the Board of Examiners. One of the four must be a non-social worker appointed by the Governor in Council who is not a social worker. The fifth member must be a social worker in good standing with the College.

A hearing typically takes place at the College’s office in Halifax (1888 Brunswick Street) and all efforts are made to schedule the hearing at a time that is convenient to all parties.

The hearing is presided over by the Chair of the Discipline Committee who is appointed by the Board of Examiners.

At a discipline hearing, the Discipline Committee listens to all of the evidence presented

After the hearing, the Committee meets privately to consider the evidence. They consider the relevant facts of the complaint and may find evidence to prove that the member (social worker) is guilty of incompetence, misconduct, conduct unbecoming or in violation of the Code of Ethics.

If there is a finding against the member, the Committee must consider sanctions that will be applied. When they’ve made their decision, the Committee will prepare written reasons to support their decision.

These decisions may be made immediately after the hearing but if this is not possible, the Committee must arrange for a further meeting and come to a decision on the matter. When the decision and the reasons are prepared the member and the complainant are notified in writing.

If the Committee finds that the allegations of the complaint have not been proved, then the complaint is dismissed.

If the Committee finds that the allegations have been proved in whole or in part, it may find that the member is guilty of incompetence, misconduct, conduct unbecoming or a violation of the Code of Ethics and impose one or more of the following sanctions:

  • Revoke the member’s right to practice.
  • Suspend the member’s right to practice for a limited period of time.
  • Impose undertakings, conditions, and limitations on the member’s right to practice.
  • Reprimand or counsel the member.
  • Revoke or suspend the member’s right to practice in their specialty.
  • Impose a fine.
  • Repay or reduce the fees charged by the member.
  • Publish the order of the Committee in the official publication of the Association.
  • Fix the costs of the proceedings to be paid by the member.

Questions?

Please contact the College’s Regulatory & Candidacy Consultant Sherry Battiste at sherry.battiste@nscsw.org.

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