Handling Disagreement, Complaints and Advocacy in PBS Decision-Making

Some of the hardest PBS decisions are not technical—they are relational. Within Human Rights, Legal Context & Ethical Decision-Making and the PBS principles and values, providers must be able to show that contested decisions are handled transparently, with the person’s rights at the centre and with clear governance when views diverge.

This article focuses on operational practice: how disagreement emerges, how providers de-escalate conflict, how advocacy is used correctly, and how to evidence that decisions are lawful, proportionate and person-centred—especially when complaints or escalation are likely.

Why disagreement is common in PBS

PBS touches sensitive areas: safety, autonomy, family relationships, and perceived blame when incidents occur. Disagreement typically clusters around:

  • Whether behaviour is being “managed” rather than understood functionally.
  • Use of restriction, supervision and environmental controls.
  • Risk tolerance and positive risk-taking.
  • Perceived delays in outcomes or inconsistent staff practice.

Disagreement becomes damaging when providers respond defensively, reduce communication, or treat complaints as an administrative nuisance. Strong PBS services treat disagreement as a governance signal: something that needs structured review, not personality management.

Operational example 1: family disagreement about restrictive practice

Context: A family requested that staff stop the person going out alone due to recent incidents. The person wanted independence and became distressed when prevented from leaving, leading to escalation and property damage.

Support approach: The provider held a structured PBS decision meeting with the person (with communication support), family, key staff, and PBS lead. The meeting used a rights-impact framework: harms of restriction vs harms of unmanaged risk.

Day-to-day delivery detail: The team agreed a graded plan: accompanied community access at peak times, and independent access for short low-risk trips with a “check-in” routine. Staff used a consistent preparation script, visual prompts, and a de-escalation plan if anxiety rose. The service also created a clear escalation threshold for safeguarding and for pausing the plan if specific risk indicators appeared.

How effectiveness is evidenced: The provider tracked incidents, early warning markers, and community participation. Minutes recorded the rationale, the family’s concerns, and the agreed review date. The family’s concerns reduced as the plan demonstrated stability, and restrictions did not become a default response.

Using advocacy properly in PBS

Advocacy is not just for “big events”. It can be essential where:

  • The person struggles to express preferences or challenge decisions.
  • There is conflict between the person’s wishes and others’ views.
  • Restrictions or major changes are proposed.

Operationally, services do best when they treat advocacy as part of the PBS process—helping the person to understand options, express preferences, and ensure decisions are not made “about them” without them.

Commissioner expectation: dispute resolution without drift in delivery

Commissioner expectation: Commissioners expect providers to manage conflict and complaints without destabilising delivery. They want evidence of a clear escalation pathway, documented decision-making, and assurance that PBS remains consistent while concerns are addressed.

Regulator expectation: openness, learning and involvement

Regulator / Inspector expectation (CQC): Inspectors often explore how services respond when people or families raise concerns. They look for transparency, timely response, involvement of the person, and learning from complaints—not merely closure of a case. In PBS contexts, they also examine whether restrictive practice increases after complaints (a risk signal).

Operational example 2: complaint after an incident and rapid “defensive” changes

Context: Following an incident requiring restraint, the family complained that the service was unsafe. Staff confidence dropped and informal restrictions increased (fewer outings, more supervision) to avoid risk.

Support approach: The Registered Manager separated immediate safety actions from longer-term decision-making. A 7-day review was set with the PBS lead to complete a rapid functional re-check and staff practice review, rather than introducing blanket restrictions.

Day-to-day delivery detail: The service implemented a post-incident practice protocol: debrief within 24 hours, reflective huddle each shift for one week, and enhanced recording of antecedents and staff responses. Staff were coached to avoid “crowding” the person after triggers, and to use a consistent low-arousal approach. A family meeting schedule was agreed: initial response, then evidence-based update at day 7 and day 28.

How effectiveness is evidenced: Evidence included improved recording quality, reduced restrictive drift (tracked via the restrictive practice register), and stable incident frequency over the review period. The complaint response referenced data, learning, and changes made—rather than reassurance alone.

When disagreement becomes escalation

Disagreement needs structure. Providers usually avoid escalation when they make their process predictable:

  • Stage 1: clarify what is being disputed (facts, risk tolerance, outcomes, values).
  • Stage 2: gather evidence (ABC data, incident reports, staff practice observations, person’s views).
  • Stage 3: hold a structured decision meeting with minutes and clear options.
  • Stage 4: implement time-limited actions with review dates and measurable indicators.
  • Stage 5: document learning and update PBS plans, training and supervision.

This prevents reactive changes that undermine PBS integrity.

Operational example 3: dispute with professionals about clinical vs behavioural framing

Context: A clinician believed behaviour escalation was primarily mental health relapse and pushed for increased medication and reduced stimulation. The PBS team believed the escalation was largely environmental (staff turnover, inconsistent routines, increased demands).

Support approach: The provider created a joint formulation approach: clinical review ran in parallel with PBS functional review, with a shared hypothesis document and agreement on indicators for each hypothesis.

Day-to-day delivery detail: Staff used a single daily “indicator log” capturing sleep, appetite, engagement, trigger exposure, and staff response consistency. The service stabilised routines, reduced demand intensity, and introduced predictable choice points. The clinician reviewed medication with reference to the same indicators and agreed not to introduce blanket restrictions unless defined thresholds were met.

How effectiveness is evidenced: The shared indicators showed improvement following routine stabilisation and consistent staff response. This allowed the provider to evidence that decision-making was collaborative, rational and measured—reducing the likelihood of polarised dispute or inappropriate restriction.

What to evidence when PBS decisions are contested

In contested PBS decisions, documentation should show:

  • The person’s wishes and how they were supported to express them (including advocacy if needed).
  • What evidence was reviewed and what data was used to inform the decision.
  • How risks and rights impacts were balanced, including consideration of least restrictive options.
  • Clear actions, timescales, ownership and review points.
  • How learning from the complaint/dispute is embedded into supervision, training and governance.

Handled well, disagreement does not weaken PBS—it strengthens it by forcing clarity, accountability and ethical discipline.