Frequently Asked Questions

Reporting Abuse

Who should report abuse?

Every individual or service provider who has reasonable and probable grounds to believe and believes that there is or has been abuse against a client, must report such abuse. The legislation makes it mandatory to report abuse involving a client who receives services from an agency as defined in the Protection for Persons in Care Act (the Act).

How is abuse reported?

  • Abuse can be reported to the Protection for Persons in Care (PPC) office by using the telephone reporting line (toll-free) at 1-888-357-9339. Reports can also be submitted in writing by fax to (780) 415-8611 or by mail to Protection for Persons in Care, Station M, Box 476, Edmonton, AB T5J 2K1.
  • Abuse can also be reported to a professional association if the alleged abuse involves a member of a professional association, such as a physician or nurse; or
  • Abuse should be reported to the police if it is criminal in nature, or if the person’s safety is in immediate danger.

*Note: All reports of abuse will be accepted if the reporter prefers to make the report directly to PPC, and then PPC may refer the complaint to a professional association or the police, if appropriate.

What happens if abuse is not reported?

Any person who fails to report abuse is guilty of an offence and liable to a fine of not more than $2,000 and in default of payment, to imprisonment for a term of not more than six months.

Does it matter who the alleged abuser is?

There is no definition of an alleged abuser in the Act. All reports of abuse, regardless of who the alleged abuser is, are investigated as long as the client is receiving services from an agency as defined in the Act.

What happens once a report of abuse is made to PPC?

The complaint is reviewed to determine if the matter falls within the authority of the Act and to determine if the client is an adult receiving services from an agency as defined in the Act. If so, an investigator is appointed as soon as possible. PPC then sends a letter back to the complainant verifying the details of the complaint and the allegations that will be investigated. PPC also notifies the agency of the complaint, and the person named as involved in the complaint (the alleged abuser) provided that their identity is known.

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Investigations

What is the role of an investigator?

The investigator gathers information and facts related to the allegation of abuse, and any other information relevant in the circumstances. The expected outcome of an investigation is to identify possible recommendations aimed at preventing similar incidents in the future, at preventing abuse overall, and/or at improving the general well-being of the client.

Who are the investigators?

Alberta Seniors and Community Supports, on behalf of the Minister, appoints investigators who are under contract and are external to government and external to the agencies involved in the allegations. This ensures that the investigations are independent and objective.

The investigators have various backgrounds such as criminology, nursing and social work, and expertise in areas such as long-term care, mental health, law enforcement, and experience working with seniors or persons with developmental disabilities.

How is an investigation conducted?

An investigator will attempt to meet with witnesses who can provide information relevant to the circumstances of the client and specific to the allegation. Interviewing witnesses and/or obtaining statements is common to most investigations. Witnesses may include:

  • the person who reported the alleged abuse,
  • the client who is the victim,
  • the persons identified as the alleged abuser(s), (if known),
  • other relevant witnesses such as agency representatives, family members and resources external to the agency.

An investigator cannot compel witnesses to participate in an interview; however, most witnesses willingly and voluntarily cooperate with the investigation.

In addition to interviewing witnesses, an investigator will review relevant records of the agency such as policies, job descriptions, incident reports, and internal reviews conducted by the agency related to the allegation, the care plan or service plan for the client and any other pertinent records of the agency.

An investigator does not have authority to review the financial records of the agency or the health records of a client, unless the client or his/her guardian has provided consent.

What recommendations can an investigator make?

An investigator may recommend one or more of the following:

  • That the funding of the agency be reviewed or altered.
  • That the agency consider taking disciplinary action against an employee of the agency.
  • That the complaint be dismissed.
  • Any other recommendations that the investigator considers appropriate in the circumstances.

How long does it take to complete an investigation?

The Act requires that an investigator prepare a report within 30 days of appointment, and every 30 days thereafter until the investigation is complete. The duration of time that it takes to complete an investigation varies depending upon a variety of factors including the complexity of the circumstances, the nature of the incident, availability of witnesses, geographical location, extent of agency records to be reviewed and other characteristics that are unique to every complaint.

Another important factor is, how long after an incident happened that a report of abuse is made. While the Act does not specify a time within which abuse must be reported, there could be considerable delays in the completion of an investigation if the report is not made promptly.

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Activity After the Investigation

What happens after PPC receives the final investigation report?

After reviewing the investigator’s final report, PPC prepares a Report of the Investigation which briefly summarizes the investigator’s findings and proposed recommendations. The Report of the Investigation is sent to the complainant, agency, alleged victim or his/her guardian or agent, and the alleged abuser. These individuals all have an opportunity to submit their comments about the report to PPC, within 30 days.

After the 30 days elapse, all written submissions are reviewed, and then the Minister makes a decision. The decision may include approving or rejecting the recommendations of the investigator, in whole or in part; ordering that the investigator undertake a further investigation; or the decision may involve taking other action that is appropriate in the circumstances. After a decision is made, PPC notifies the affected parties of the decision.

What can be done if someone disagrees with the decision and/or recommendations?

The Act states that the decision of the Minister is final and binding. There is no appeal mechanism within the Act. However, a request can be made through the Freedom of Information and Protection of Privacy Act (FOIP) process to receive a copy of the report, severed in accordance with FOIP, to better understand how the decision was made. 

If the administrative fairness of an investigation is a concern, the Office of the Ombudsman can be contacted to review the matter.  As well, the court process is open to anyone.

It should be emphasized that the recommendations are simply recommendations. While an agency is not obligated to implement any of the recommendations, many indicate that they do. The Ministry would like to know what action has been taken by the agency that ensures a reasonable level of safety for its clients.

What is the purpose of recommendations if no agency is obligated to comply with them?

Although compliance with the recommendations cannot be enforced, there has been a high level of voluntary compliance experienced to date.

Agencies also voluntarily respond to the recommendations within 90 days as requested indicating what action has been taken with respect to the recommendations.

The recommendations, generally preventive in nature, often suggest corrective action that the agency can take to prevent similar incidents in the future.

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Prevention of Abuse

How does the Act address prevention of abuse?

The primary aim of the Act is to prevent abuse, rather than punish it. This is done through education and deterrence. Investigations of abuse and the resultant recommendations are intended to prevent subsequent abuse and to improve the overall well-being of the persons receiving care services.

Another key aspect of prevention rests with the obligations the Act places on agencies. The duties of an agency include:

  • Every agency shall have a duty to protect the clients it serves from abuse and to maintain a reasonable level of safety for its clients.
  • Every agency shall make the provisions of the Act available to service providers, employees and clients.
  • Every agency must require that every successful applicant for employment and every new volunteer provide a criminal records check.
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Other Common Questions

How is administrative fairness applied to the complaint and investigation process?

In June 2005, PPC implemented the following changes to make the complaint and investigation process more administratively fair.

  1. PPC provides a written letter to the complainant that confirms that PPC has jurisdiction to respond to the complaint and the details of the allegations that will be investigated.
  2. PPC provides written notice of the complaint to the agency, in addition to verbally notifying the agency by telephone.
  3. PPC prepares written notice of the complaint to the alleged abuser disclosing the details of the complaint.
  4. Every person named as an alleged abuser is provided with the opportunity to participate in an interview with the investigator, either personally or by telephone. As well, the alleged abuser is advised that he/she may participate in the investigation by providing a signed, written statement.
  5. Once an investigation is completed, and prior to the decision of the Minister, PPC provides the alleged abuser, the complainant, the agency representative, the alleged victim and/or their guardian/agent, with a Report of the Investigation that summarizes the key information gathered during the investigation. This way, all the relevant affected parties are made aware of the evidence that would be considered in making a decision. This provides the alleged abuser with the details of any “case made against them.”
  6. All relevant parties are provided with the opportunity to respond to the Report of the Investigation, by providing their comments, in writing, to PPC within 30 days.
  7. After the 30-day response period elapses, the Minister considers the investigator’s report and any written submissions received, and then the Minister makes a decision.
  8. PPC then notifies all relevant parties of the decision.

How is confidentiality maintained?

  • The name of the person who made the report of abuse is not disclosed in practice, but full confidentiality cannot be guaranteed, as there is no current protection of the reporter’s name within the Act.
  • An investigator is not permitted access to the health information of the client unless the client, or the client’s guardian, consents to those records being inspected.
  • Names of individuals are not used in the Report of Decision.

How many investigations has Protection for Persons in Care done?

Each year, PPC receives approximately 500 complaints, and all complaints that come under the jurisdiction of the Act must be investigated. Generally, about 97% of the complaints are investigated by investigators appointed by PPC, and 3% of the complaints are referred to another body, such as a professional association, for investigation

How many allegations of abuse have been dismissed?

Generally about 65% to 75% of the complaints are dismissed due to insufficient evidence or because the complaint was unfounded. However, while dismissed as abuse, many reported incidents do indicate a situation that could have been prevented. Therefore, recommendations are made to prevent similar incidents from occurring.

What offences are included in the Act?

The Act specifies the following offences:

  • Failing to Report Abuse: Failing to report abuse against a client can result in a fine of not more than $2,000 and, in default of payment, to imprisonment for a term of not more than six months.
  • Taking Action Against a Complainant: Taking adverse employment action against a service provider or an employee of an agency because that person is a complainant can result in a fine of not more than $25,000 to an agency, and a fine of not more than $5,000 to an individual.
  • Disrupting Services to a Client or a Client’s Family Member: If an agency or person threatens to, or does, alter, interrupt, or discontinue service to a client, or a client’s spouse, child or parent who receives services from an agency, because the client is a complainant, can result in a fine of not more than $25,000 to an agency, and a fine of not more than $5,000 to an individual.
  • Making a False Complaint: A person who makes a complaint under the Act knowing it to be false is guilty of an offence and liable to a fine of not more than $2,000 and, in default of payment, to imprisonment for a term of not more than six months.

How are the special offences in the Act applied?

If there is an indication that there has been a violation, the wronged party is referred to a police service for investigation of the matter and potential action within the judicial system. To date, no cases have been prosecuted; however, several reports have been reviewed by the Crown Prosecutor.

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How to get More Information

For more information on the Protection for Persons in Care Act visit the website at:

www.seniors.gov.ab.ca/css/persons_in_care

A copy of the Act can be obtained from the Queen’s Printer Bookstore website at:

www.qp.gov.ab.ca

To report abuse or to obtain more information, phone (toll-free)
1-888-357-9339.