1 GRIEVANCE AND MONITORING POLICY DOCUMENT DEVELOPED BY THE SUPPORT AGENCY NETWORK AND THE FAMILY RESOURCE CENTRE NATIONAL FORUM May 2006
2 CONTENTS 1. Purpose of document 2. Dealing with difficulties 3. Role of independent mediation in monitoring or grievance procedures. 4. Role of the FSA APPENDIX 1: Clarification of the monitoring role for Regional Support Agencies defined by the FSA APPENDIX 2: Contractual Obligations between the FSA and Projects In Relation to Monitoring APPENDIX 3: Contractual Obligations between the FSA and Regional Support Agencies
3 1. PURPOSE OF DOCUMENT This policy document was developed by the Support Agency Network (SAN) and the Family Resource Centre Forum (FRC Forum), primarily because there was a lack of: a) Clarity about the relationship between the RSAs and the Projects, particularly in relation to the monitoring role. b) Awareness of developed grievance procedures that Projects and RSA could use to deal with difficulties arising between them. The Family Support Agency requires and contracts RSAs to monitor and support Projects. However the process of both monitoring and providing support can be complex and requires clarification. Whilst individual Projects have a contract with the Family Support Agency to work with a specified Support Agency and RSAs have a contract to work with specific Projects, there is no formal working agreement between Projects and their designated RSA. Therefore, the overall aims of this Policy Document are to: Ensure greater transparency and clarity in the relationship between the RSA and the Projects they support. Provide clarity and understanding on the methodology and approach of RSAs in fulfilling the monitoring and support role they are contracted by the FSA to undertake with Projects Provide an agreed mechanism for managing any difficulties and differences that may arise between the Project and the Support Agency. Ensure the Values and Principles which inform this process, are grounded in the concepts that are at the core of Community Development. This joint policy document, developed by the FRC Forum and SAN, is underpinned by these principles and values which include; ~ Participation and partnership ~ Transparency, fairness and natural justice ~ Mutual respect and learning ~ Equality ~ Openness to challenge ~ Collective responsibility
4 2. DEALING WITH DIFFICULTIES The following information outlines suggested procedures for how a Project and RSA can deal with difficulties arising between them. This could be used to cover procedures for dealing with: Issues of good practice or grievance that a Project as a whole or member of staff / management may have in relation to the designated Support Worker (SW) from the RSA Issues of good practice or grievances that the Project as a whole or member of staff / management may have with the designated organisation providing support. Issues of good practice / grievance that the Support Worker from the RSA wishes to raise with the Project as a whole or with a member of staff or management. 2.1 STEPS PROJECTS CAN USE TO RESOLVE A GRIEVANCE ISSUE WITH A SUPPORT AGENCY. Whilst both the Project and the RSA may be committed to developing relationships based on equality, trust and partnership there may be times when this relationship breaks down. This could be brought about by the complexities of the different roles or the implementation of good practice on either side. If a Project feels that a RSA is not meeting their support needs in a manner that is appropriate or a difficulty has arisen in the relationship for other reasons, the following steps should be used to resolve the issue/s. However in instances where serious breaches of practice have occurred, the Project should inform the FSA, following discussion with, and having first informed the RSA. The FSA will then decide upon the best course of action. Examples of serious breaches of practice are; gross misuse or mismanagement of the RSA where the RSA has engaged in activities or practices which are oppressive or in opposition to the principles and values of community development.
5 There are of course many other kinds of serious issues. However, this was deliberately refrained from use in order to avoid giving the impression that the list of examples identified was exhaustive. STEPS TO RESOVING DIFFICULTIES When bringing an issue of concern to a RSA the Project will use the following procedures. STEP 1: The Project should initiate an informal meeting with the relevant SW and appropriate Project personnel (for example the Project Co-ordinator and Chairperson) to outline the concerns and issues. Both parties should discuss and agree a procedure for resolving the difficulties. If this is not possible the Project should go to STEP 2. STEP 2: A formal letter should go to the Manager of the RSA outlining the difficulties and requesting a formal meeting. The RSA will be committed to responding as quickly as possible, and no later than 10 working days on receipt of the letter. Both the Manager and SW of the RSA should attend the proposed meeting. STEP 3: If it is not possible to resolve the issue through STEP 2, the Project will write to the Board of Management of the RSA requesting a meeting. Agreement will be reached as to the content of this letter. The Board of Management will respond to this request as quickly as possible, but no later than 15 working days from receipt of the letter. If it is not possible to resolve the issue at a meeting the Project and RSA will move to STEP 4. STEP 4: In STEP 4 the Project and the RSA will: a). inform the Department that the relationship has broken down, and b). where there is agreement, outline the need for external mediator to support both parties to work through the difficulties and come to agreed solutions. Both parties have a right to determine who should attend this meeting, who the mediator will be and should jointly plan, set the agenda and enter into a mediated process to work towards agreed solutions for moving forward.
6 STEP 5: It should be possible if both parties are working in partnership to resolve most issues in this way. If the issues arising cannot be resolved through mediation both parties will inform the FSA of the complete breakdown of the relationship. 2.2 STEPS REGIONAL SUPPORT AGENCIES CAN USE WHEN CARRYING OUT THEIR MONITORING ROLE The role of the RSA in providing support should be experienced by Projects as beneficial and empowering. However, due to the monitoring role this can at times involve direct challenge in relation to whether or not a Project is operating from good community development practice and principles. Regional Support Agencies are committed to ensuring that the support / monitoring role which they are contracted to undertaken is based on the principles of partnership, fairness, natural justice and equality. However in instances where serious breaches of practice have occurred, it is incumbent upon the RSA to inform the FSA, following discussion with, and having first informed the Project. The FSA will then decide upon the best course of action. Examples of serious issues are; gross misuse or mismanagement of the Project where the Project persistently engages in activities or practices which are oppressive or in opposition to the principles and values of community development. There are of course many other kinds of serious issues. However, this was deliberately refrained from use in order to avoid giving the impression that the list of examples identified was exhaustive. STEPS TO RESOVING DIFFICULTIES When bringing an issue of concern to a Project the RSA will use the following procedures. STEP 1: The designated SW may raise issues of concern through their day to day involvement with the Project or through ongoing review, evaluation or planning procedures, and develop a strategy with the staff and management for dealing with these issues over a period of time.
7 STEP 2: If this has not been possible the SW may bring concerns to a Project in a more formal way at an appropriate forum. This would normally be through requesting to meet with the Chairperson and Project Co-ordinator. A discussion will take place at this point as to how best to resolve the issues raised. If this is not a possible a meeting with full voluntary BOM may be requested Agreement will be reached as to the content of any letter that may be sent to individual management members requesting a meeting with the RSA. The BOM will respond to this request as quickly as possible, but no later than 15 working days on receipt of the letter. STEP 3: It is good practice that where a SW is outlining any concerns to the Project in a formal process that it should be undertaken in conjunction with the Manager of the RSA. Both RSA staff will generally attend a formal meeting with the BOM and outline their concerns, clarify the issues, hear the Projects perspective and work towards options and strategies for responding to or dealing with the issues outlined. STEP 4: If it is not possible to resolve the issues at a formal meeting between the Project and the RSA this will lead to an agreement to: a). inform the FSA that the relationship has broken down, and b). where there is agreement, outline the need for an external mediator to support both parties to work through the difficulties and come to agreed solutions. Both parties have a right to determine who should attend this meeting, who the mediator will be and should also jointly plan, set the agenda and enter into a mediated process to work towards agreed solutions for moving forward. STEP 5: It should be possible if both parties are working in partnership to resolve most issues in this way. If the issues arising cannot be resolved through mediation both parties will inform the FSA of the complete breakdown of the relationship.
8 3. ROLE OF INDEPENDENT MEDIATION IN MONITORING OR GRIEVANCE PROCEDURES The role of an independent mediator is to create an environment whereby both parties can come to an agreed solution to their own difficulties. An independent mediator should only be sought when the parties concerned, any combination of the Project Staff, Project Management and the RSA, have made every attempt to respond to and resolve the issues between them. In a situation involving the breakdown of the working relationship between Project Staff and Project Management, to such an extent that they appear to have irreconcilable differences, the RSA will offer to mediate or facilitate the process of bringing in an independent mediator. In the event of the parties concerned agreeing that external assistance would be beneficial, the following guidelines will be used: : Who the mediator is Who will attend the meeting The agenda and procedures used for the mediation process. Sharing the costs of the mediation / or negotiation with the FSA for additional resources Maintaining confidentiality throughout the process. 4. ROLE OF THE FSA The suggested role of the FSA in grievance or conflict issues between RSA s and Projects is to: Resource mediation where required and agreed Arbitrate where there is no agreement to enter into independent mediation Make decisions / arbitrate on the next steps if issues cannot be resolved
9 APPENDIX 1
10 CLARIFICATION OF MONITORING ROLE As outlined in APPENDIX 2 the contractual agreement between a Project and the FSA contains a number of clauses which detail the specific role of the RSA in monitoring the work of FRCs. In addition to this, the RSA is issued with a Monitoring Document by the FSA, which forms part of the contract agreement. The Monitoring Document addresses the subject of monitoring, in the context of the Family and Community Services Resource Centre Programme, in a comprehensive and detailed manner. The document puts forward a rationale for monitoring, which identifies the purpose and essential ingredients of a Code of Practice for monitoring. The Code of Practice covers the following; 1.1 The Aim of the Monitoring Policy i). ii). iii). To ensure greater transparency and clarity in the relationships between the Support agency, the Projects it supports and the FSA. To set out a framework within which the monitoring will take place. To provide an agreed mechanism for resolving difficulties and differences that may arise. 1.2 Definition of Monitoring The monitoring role of the Support Agency is concerned with ensuring good practice and overseeing the overall direction and implementation of the Projects work within the context of it s contractual agreement with the FSA. It involves the continuous assessment of progress and practice in a way which is supportive and which also facilitates learning from experience and applying it to future work. 1.3 Monitoring Criteria The framework within which the Support Agency will carry out their monitoring role is drawn from the expected core functions of Projects. These are as follows; Projects should have; An ant-poverty, anti- exclusion focus Work from community development principles and methods Involve people who experience poverty and social exclusion within their management structures Fulfil the terms of their contract with the FSA as set out in agreed workplans Provide and submit reports and accounts as outlined in their contracts Undertake evaluation on an annual basis
11 Participate in inter project activities with other Projects in the FRC Programme 1.4 Suggested Criteria for use in Monitoring i). Working from community development principles and methods In terms of naming some key bottom line indicators of good community development practice, the following policies and practices have been identified at project level; proportionate representation on management committees of people experiencing poverty and social exclusion systems and procedures which ensure ongoing consultation with and support the meaningful participation of the projects target communities of interest in planning and decision making written codes of practice to prohibit all forms of discrimination and to promote equality and anti-racism practice work in partnership with the target community in responding to local issues and needs identified by it actions which seek to challenge the structures and processes which keep marginalised groups powerless and excluded from mainstream services and opportunities actions which promote social change in favour of people who are most marginalised capacity building respect for diversity ii). Promoting Good Management and Employment Practice Good practice in both management and employment practice reflects and models community development principles of equality, justice, fairness, inclusion and partnership written records of all project meetings and decisions kept and disseminated to everyone in attendance an annual review of the Workplan carried out and documented an annual planning process undertaken and a Workplan developed a monitoring and evaluation framework developed and implemented each year in consultation with the working / target group effective structures in place to ensure good communication and information flow at all levels within the projects e.g. regular management committee and staff meetings
12 and induction process to support the inclusion of new committee members an AGM to be held on an annual basis and include processes to strengthen the memberships involvement and participation iii). Employment an equal opportunities code of practice which includes practice in relation to the following areas; bullying, discrimination and oppressive practice staff recruitment policy and procedures good staff support structures e.g. supervision, appraisal, to ensure support and development of staff staff representation on management committees staffing sub-group or staff liaison person on management committee contract of employment and job description for all staff all legal and financial requirements relating to the employment of staff including insurance, health and safety, grievance procedures etc. training and development plans for staff and management committees drawn up and implemented. 1.5 Monitoring Mechanisms Support Agencies can implement their monitoring role, through facilitating the process of drawing up and /or carrying out the following; the Three Year Workplan the annual Joint Progress Report a bi-annual review meeting the annual report encouraging external evaluation annual work agreement between the Project and the Support Agency and through ongoing support and training relationship with each Project
13 APPENDIX 2
14 CONTRACTUAL OBLIGATIONS BETWEEN THE FSA AND PROJECTS There are a number of contractual obligations pertaining to the role of the RSA contained in the Projects contract with the Family Support Agency. These include the following. 2.1 Monitoring and Support i). ii). iii). The Project shall co-operate with the FSA in carrying out its responsibilities in monitoring and evaluating the work of the Project. The FSA shall nominate a Support Agency to support the work of the Projects carried out with payments made by the FSA and to provide advice and assistance in the day-to-day operation of the Project. The role of the Regional Support Agency within the Programme is as follows: initial pre-development work in agreed areas identified for inclusion in the Programme; bringing agreed new projects and areas into the Programme and working with them in drawing up their existing three year work plan and negotiating their contract with the FSA; facilitating networking amongst projects in the region; providing day-to-day advice and support to and monitoring the work of existing projects; ensuring good community development practice and principles are followed; reporting to the FSA on the Support Agency s own work and, alongside the individual projects, on progress of projects within the region; ensuring that the FSA is aware of any serious difficulties arising in individual projects and working with the project and FSA as appropriate to resolve such difficulties; and promoting the overall development of the Family and Community Services Resource Centre Programme in the region, including enhancing and supporting the capacity of the projects to influence policy and participate in that regard in relevant local, regional and national community development initiatives. The Project shall participate in and contribute to meetings, training and seminars on relevant themes organised by the FSA or the nominated Support Agency from time to time.
15 2.2 Employment i). The responsibility for the recruitment of staff shall be a matter for the Management Committee of the Project. The Project shall submit to the nominated Support Agency a statement of its recruitment procedures in respect of new staff. The Support Agency shall advise and assist the Project in recruitment procedures and employment practices. The Support Agency, or, in exceptional circumstances, the FSA, shall be entitled, but not obliged, to appoint a representative to the Project s interview board for staff recruited to posts funded by the FSA. ii). iii). All staff appointed by the Project will have written contracts and job descriptions. No contract of employment shall be agreed by the Project without prior written approval by the Support Agency of the terms of the contract. The Project shall make itself aware of all legislation affecting employment and shall discharge all its legal obligations in respect of its employees. The Project will agree with the Support Agency, mechanisms for support and supervision of employees. 2.3 Reports i). ii). An annual report in respect of each calendar year of the contract shall be submitted to the FSA by 31 st March of the following year. The annual report shall detail the work done in respect of the Project and include an assessment of the work done to further the initial aims and objectives set as part of the Project, together with any other information which may be agreed with the FSA and / or the nominated Support Agency. In addition to the Annual Report the Project shall prepare, in consultation with the Support Agency, an Annual Progress Report showing progress in each year to be submitted to the FSA by 30 th June. A final Triennial Progress Report detailing the work done in respect of the Project, the results and findings of the Project, again in consultation with the Support Agency, covering the full period of the contract shall be completed and submitted at a date to be notified by the FSA.
16 2.4 Evaluation i). The Project shall, with the support of the nominated Support Agency, ensure that proper evaluation procedures are in place in respect of the Project. Results of evaluation shall be incorporated into annual reports, annual progress reports and the triennial report.
17 APPENDIX 3 CONTRACTUAL OBLIGATIONS BETWEEN THE FSA AND REGIONAL SUPPORT AGENCIES
18 In addition, the contract that each RSA has with the FSA specifies the following clauses in relation to the monitoring and support role; 3.1 Projects at pre-development stage Projects at pre-development stage require intense support. Voluntary Management Committees need to be equipped with the skills necessary to establish and manage an effective FRC. i). Community consultation and community needs analysis Local needs and issues need to be identified and gaps in services recognised. In order to do this preliminary research needs to be carried out to identify existing services, levels of community activity and degrees of poverty and social exclusion within the catchment area. Meetings arranged with local groups, organisations and individuals in relation to local issues and community needs. ii). The identification of a core management group The Support Agency will assist the Project group to; secure commitment from interested members of the community, particularly from key target groups to form a steering group and future management committee; provide initial training in project management, the nature of poverty and social exclusion and the importance of community development as an effective means of addressing associated issues; formalise the FRC Voluntary Management Committee by putting structures in place and nominating committee officers; establish key sub-committees such as the Finance Sub-committee and Staff Liaison Sub-committee. Develop and agree terms of reference for both these committees. iii). Developing a Workplan The Support Agency will support the group to; compile a community profile and undertake a needs analysis of the area; formulate a three year Workplan, with detailed aims and objectives that will address the needs that have been identified and will ensure a coordinated and complimentary delivery of local services.
19 ensure that anti-poverty and equality issues are to the forefront of the FRC Workplan. iv). Training and Group Work The Support Agency will provide training in the following; Management Skills Community Development Social Inclusion and Equality Issues Company law and becoming a Limited Company provide training on the roles and responsibilities of members of a limited company, financial procedures and the Companies Act. Employment Law and becoming employers provide training on employer s legal responsibilities, terms and conditions of employment, employment contracts and an outline of the relevant legislation. v). Practical Supports Support Agencies also support FRC to; Agree a constitution and establish a legal structure; Open a bank account, draw down start up grant and manage their financial affairs; Identify suitable premises and negotiate a leasehold; Establish monitoring procedures based on those outlined in the monitoring document; Establish evaluation procedures; Draw up and implement appropriate policies and procedures to ensure good operating practices with the FRC, i.e. disciplinary and grievance procedures, staff support and supervision policy, anti bullying and harassment policies and health and safety statements. 3.2 Established Projects Support Agencies provide support to individual established FRCs in the following areas; Facilitating planning and review sessions with Voluntary Management Committees and staff to ensure individual FRCs achieve the aims and objectives set for themselves and agree annual and three year Workplans Support in the development of Three Year Strategic Workplans Support FRCs to agree and implement a volunteer recruitment policy and procedure to recruit new volunteers onto their Management Committees and facilitate appropriate induction programme for them;
20 Provide ongoing support to Voluntary Management Committees in relation to the day to day management of the FRC (e.g. employment practice, staff support and supervision, health and safety issues) Provide ongoing training in project management and organisational development Conflict Resolution support FRCs to resolve conflict through training and mediation Networking facilitate projects to network with other FRCs within the FRC Programme and in the broader community and voluntary sector Liase with the FSA in relation to progress, any difficulties that may arise and other problems that may occur Support FRCs to formulate, implement and review internal policies and procedures Ongoing development of internal and external policy training, help FRCs to identify key areas of policy development and work to inform policy at local, regional and National level Support the co-ordination of the work of the project with other antipoverty and family support work in the area.
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