COMPLAINTS TO THE COLLEGE OF PSYCHOLOGISTS OF ONTARIO

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1 COMPLAINTS TO THE COLLEGE OF PSYCHOLOGISTS OF ONTARIO The College of Psychologists of Ontario (the College ) is the body that governs psychologists and psychological associates in Ontario. It is the responsibility of the College to investigate and address complaints lodged against members. BEFORE A COMPLAINT IS LODGED THE COMPLAINT PROCESS Before lodging a formal complaint with the College, you may wish to first discuss your concerns with the psychologist or psychological associate. In some circumstances, psychologists and psychological associates have been unaware of concerns until a complaint has been lodged. You may also wish to call the College and speak with a member of the Investigations and Resolutions Team before lodging a complaint. The investigator may be able to provide you with important information about how to proceed. Should you decide to lodge a formal complaint, you must write to the Registrar of the College clearly stating that you are lodging a complaint. If you are unable to provide your complaint in writing, please contact the College and discuss this with a member of the Investigations and Resolutions Team. A College investigator will investigate the complaint on behalf of the Inquiries, Complaints and Reports Committee ( ICRC ). 1 ALTERNATIVE DISPUTE RESOLUTION In accordance with legislation, the Registrar may, with the consent of both the complainant and the member, refer the complainant and the member to an alternative dispute resolution process if the matter: (a) Has not yet been referred to the Discipline Committee; and/or (b) Does not involve an allegation of sexual abuse. At the College, alternative dispute resolution is referred to as the Facilitated Resolution Process. 1 Except if a panel of the ICRC considers the complaint to be frivolous, vexatious, made in bad faith, moot or an abuse of process. If the panel intends, for any of these reasons, to take no action with respect to the complaint, you will be notified and provided with an opportunity to make written submissions with respect to this decision, which the panel will consider.

2 Facilitated Resolution can be effective where an agreement can be reached between the member, complainant and College, which satisfies the concerns of each. For example, a complaint concerning issues involving communication by the member may be addressed with an opportunity for the complainant and member to discuss the concerns more fully. In other circumstances, there need not be any direct communication between the member and complainant. The terms of a Facilitated Resolution may, but do not necessarily, include a voluntary commitment by the member, to the College, to take steps to avoid similar problems in the future. Features of the Facilitated Resolution As with all aspects of the complaint process, public protection is the College s primary objective. The process can be terminated at any time by the College, complainant or member. Where an attempt at the Facilitated Resolution Process has not produced an agreement, a new panel of the ICRC will consider the complaint, and information obtained during an attempted resolution will not be shared with members of the new panel and a new staff member will be assigned to investigate the complaint. If no agreement is reached and the matter proceeds through the formal complaints process, neither the member nor the complainant can introduce, in the formal complaints process, any information that they obtained during the Facilitated Resolution Process. The emphasis is on resolving concerns rather than finding fault. Benefits to Participation in the Facilitated Resolution The Facilitated Resolution Process may result in the addressing of concerns more quickly than would be the case when the formal complaint process is followed. Outcomes are customized to address each party s concerns. Agreements reflect consideration of the actual issues raised by the complainant, rather than procedural or legal considerations which can impact on decisions in the formal process. The process is not adversarial thus, the possibility of future positive interaction between the complainant and the member exists. Members may be more willing to address a complainant s concerns when the process is not adversarial. In the Facilitated Resolution Process, the complainant and member are both directly involved in determining the outcome of the matter. In the formal complaints process, the Inquiries, Complaints and Reports Committee independently decides the outcome. Disadvantages of Participation in the Facilitated Resolution If the process is unsuccessful, completion of an investigation may be delayed. When an agreement is not reached, a complainant or member may have had opportunities to gain information which they could attempt to introduce later, in another proceeding.

3 The Facilitated Resolutions Process Will Not Be Used if either the complainant or member prefers that a formal investigation take place. if the College believes that public protection requires that a formal investigation take place. if the College believes that the process is not suitable due to the particulars of the matter. COMPLAINT INVESTIGATION All complaints against members are considered by the Inquiries, Complaints and Reports Committee (ICRC), however not all complaints are investigated. If a complaint is deemed by a panel of the ICRC to be frivolous, vexatious, made in bad faith, moot or an abuse of process, the panel will provide the complainant and member notice of the intention to take no action with respect to the complaint and invite submissions from them in this regard. Following consideration of any submissions which are made, the panel may decide to either investigate the allegations or take no further action. In the course of investigating a complaint, the College will provide the member who is the subject of the complaint with the letter of complaint and other documents related to the complaint. The member will then be provided the opportunity to respond. When appropriate, the member will also be asked to provide all relevant documents from the clinical file. Complainants who have concerns with respect to the provision of their clinical file to the College are advised to immediately contact the College Investigator assigned to the case. Usually, the member s letter of response to the complaint is provided to the complainant. If a member advises the ICRC that the release of the response to a complaint may result in harm to the complainant or another person, the ICRC will consider that advice and may elect not to forward the response to the complainant. Once the response is received by the complainant, the complainant is then typically provided an opportunity to provide further submissions. After collecting any other information required for the investigation, the investigator will present the case to a panel of the ICRC. The ICRC is made up of professional and public members. Public members are appointed by the Lieutenant Governor in Council. Professional members are psychologists and psychological associates. DISPOSITIONS AVAILABLE TO THE ICRC Pursuant to section 26(1) of the Health Professions Procedural Code: 26. (1) A panel, after investigating a complaint or considering a report, considering the submissions of the member and making reasonable efforts to consider all records and documents it considers relevant to the complaint or the report, may do any one or more of the following: 1. Refer a specified allegation of the member's professional misconduct or

4 incompetence to the Discipline Committee if the allegation is related to the complaint or the report. 2. Refer the member to a panel of the Inquiries, Complaints and Reports Committee under section 58 for incapacity proceedings. 3. Require the member to appear before a panel of the Inquiries, Complaints and Reports Committee to be cautioned. 4. Take action it considers appropriate that is not inconsistent with the health profession Act, this Code, the regulations or by-laws. 2007, c. 10, Sched. M, s. 30. Dispositions and Resolutions by the Complaints Committee Since June 4, 2009 Declare Complaint Frivolous, Vexatious, Made in Bad Faith, Abuse of Process 8% Take No Further Action 50% Provide Advice 16% Provide Written Caution 14% Provide Written Caution Following Agreement to Take Specific Steps to Improve Service Provide Oral Caution 1% Provide Oral Caution Following Agreement to Take Specific Steps to Improve Service Referral for Incapacity Proceedings 1% Referral to the Discipline Committee 6% OTHER IMPORTANT INFORMATION Confidentiality Information about complaints is confidential to the complaints process. If a decision is reviewed by the Health Professions Appeal and Review Board, or the matter is referred to the Discipline Committee, it is likely that the information relied upon in the complaints process will be made available to the public at the review or hearing. Timelines The College is required to dispose of each complaint within 150 days. Should this prove to be impossible, the College will ensure that complainants are updated about the reason(s) for delay. ICRC members and College staff will work hard to avoid unnecessary delays in the complaints process nevertheless, delays may occur from time to time. 2% 2% Effective June 4, 2009, the Complaints Committee was replaced by the ICRC pursuant to amendments to the Regulated Health Professions Act.

5 Dissatisfaction with a Decision of the ICRC Complainants and members each have a right to request that an ICRC decision be reviewed by the Health Professions Appeal and Review Board. It will review the ICRC decision for the purpose of determining whether the investigation was adequate and/or the decision was reasonable. Reviews of the Health Professions Appeal and Review Board are usually open to the public. Objectivity and Fairness Require Procedural Formality In order to ensure fairness, it is important that staff remain objective and neutral throughout the entire process. This requires them to adhere closely to standard procedures. At times the process may not seem friendly to either the complainant or the member but it is hoped that those involved will understand that the College is trying to maintain objectivity. PROBLEMS THE COLLEGE CANNOT ADDRESS Complaints against Members of Other Colleges If there are concerns about members of other professions, it is appropriate to contact the college governing that profession. At times, the College receives complaints about psychiatrists. Psychiatrists are medical doctors who are regulated by the College of Physicians and Surgeons of Ontario. It's telephone number is or Complaints against Unregulated Practitioners Under current legislation, any person may use the title of counselor, therapist or psychotherapist. These individuals may be unregulated providers rather than members of a health regulatory college. Anyone with concerns about an unregulated practitioner may contact the employer of that individual, seek legal advice, or contact the Health Professions Regulatory Advisory Council of the Ministry of Health and Long Term Care. Although the Advisory Council cannot investigate specific complaints, it can make recommendations to the Minister of Health and Long Term Care about which groups of professionals should be regulated. Their telephone number is or Unregulated practitioners cannot use the titles psychologist or psychological associate. Unregulated practitioners cannot use the words psychology or psychological or any abbreviation of those words in any title, designation or description of services offered or provided. Under Ontario s Psychology Act, 1991, the use of these titles and terms is restricted to members of the College. The College will contact those who use these terms and titles without authorization and will take the necessary steps to stop them from using those terms and titles. Remedies Not Available to the ICRC Obtaining funds from a member as a result of a financial loss suffered. Resolving employment or labour relations difficulties that are not addressed by the professional standards or laws governing the profession. Additionally, while the College may address the practices of a member, it cannot substitute its judgment for that of a member. The College does not possess the legal authority to direct a

6 member to change a particular professional opinion or report. Please check our web site ( for other information about the College, including the Regulations, Standards of Professional Conduct and Guidelines. If you have any other questions, please do not hesitate to contact the College at or