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Complaints procedures for
Your GP, Surgery
| General
Comment - |
Complaining
about Health Services is more complicated than complaining about simple
goods or services. However, help is available from PALS (Patients Advisory
Liaison Service) run by PCTs/NHS Trusts and we have included a lot of details
here. Plenty of links to Government and other third
party sources have been included below so consult those if you are at all
unsure. For some general information regarding who can complain, independent
advice, timing and financial compensation issues please click here. |
| Step
1 - |
Complain
to your practice: If you are dissatisfied with the treatment
or services you have received from your GP practice you should complain
first to the practice concerned (local resolution). Wherever possible
you should tell someone close to the complaint (e.g. your GP, a nurse
or a receptionist). Your
complaint may be made orally or in writing and you should receive an acknowledgment
within two working days and a response within ten working days, or be
kept informed about progress of the investigation. If you would prefer
to talk to someone not involved in your treatment then you can contact the
complaints manager in the practice. All family doctors operate their own practice-based complaints
system. Every practice should have a written complaints procedure, which
gives you the name of the person responsible for investigating complaints.
If your are unable
to resolve your complaint with your GP or practice, you should refer your
complaint to your Primary Care Trust (PCTs- England&
Scotland) Community Heatlh Council (CHCs - Wales) or Health and Social
Services Trust (HSS Trusts - Northern Ireland).
PCTs, CHCs
and HSSTs are local health organisations responsible for managing health
services in your local area. They work with local authorities and other
agencies that provide health and social care locally to make sure the
community's needs are being met.
Find
your local PCT/CHC/HSS Trust here
Conciliation:
Conciliation
is most often used, if both sides agree to this step, to help with complaints
about 'primary care' services. Primary care trusts (PCT/CHCs/HSSTrusts)
are required to provide conciliation services for these. However, your
NHS trust or PCT/CHC/HSSTrust may also offer you this service if you make
a complaint to them.
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| Step
2 - |
If you are not satisfied
with the response from your PCT/CHC/HSST then you can turn to the Independent
Review.
The Independent Review: Together with an independent
lay person, the convener considers whether any other local resolution
action might resolve your problem. If not, then the convener will decide
whether there should be an Independent Review of your complaint by a special
panel. The convener will only convene a panel if he or she thinks that
a panel investigation is likely to resolve the problems you have identified.
Either way, you will be told of the convener's decision in writing, usually
within four weeks of you requesting a panel investigation. If a panel
is to be set up, you will be told what matters they will investigate.
Who will investigate? The panel is made up of three
members: the convener, an independent lay person acting as chair and one
other person. It examines fully the concerns referred to it by the convener,
talking to everyone involved and getting any specialist advice (such as
independent clinical assessments) it needs. The panel writes a report
giving the results of its investigations, together with its conclusions
and any appropriate comments or suggestions. You will be given a copy
of the report, and the chief executive will write to tell you of any action
being taken as a result of the panel's recommendations.
Compensation & Disciplinary procedures: The
panel has no power to discipline anyone, award compensation or even to
recommend such action. Disciplinary action may be taken after a complaint
has been made but this is considered separately under a different procedure
(see step 3 below).
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| Step
3 - |
Complain to the Health
Service Ombudsman: If
you are not satisfied with the convener's decision or are not satisfied
with the Review Panel's investigation you can ask the Ombudsman to investigate.
The Health Service Ombudsman (also known as the Commissioner) is completely
independent of both the NHS and the Government. He/she has been given
wide powers by Parliament to investigate complaints about services provided
within the NHS. There is no appeal against the Ombudsman's decision.
What sort of complaints
will the Ombudsman investigate? Complaints relating to, for example,
failure to respond to an out of hours call, failure to explain decisions
or provide information could be dealt with by the above procedure. There
are a number of things The Ombudsman can not investigate. These include:
complaints about private treatment; complaints about local authority social
services; events requiring investigation by a professional disciplinary
body; events about which you are already taking legal action. For more
information on complaining to The Health Service Ombudsman see the links
below.
What about other complaints?
Complaints about
the conduct or behaviour of doctors: Complaints relating to the attitude or behaviour of
a doctor should be made to the General Medical Council (GMC) The GMC has
powers to discipline all registered medical practitioners, whether in
the NHS or private sector. It considers complaints about serious failures
of care, violent or indecent behaviour, dishonesty, etc.
Complaints about
the conduct of nurses, midwives or health visitors: Complaints relating to their attitude
or behaviour are made to the United Kingdom Nursing Midwifery Council
(NMC). The NMC will investigate allegations of professional misconduct
or unfitness to practice for reasons of ill health. Complaints should
be sent in writing to the Professional Conduct Department Manager giving
details of the name of the nurse, midwife or health visitor, the dates
of the alleged incident or pattern of behaviour and an outline of the
misconduct. There is no time limit for making a complaint to the NMC.
You can call the NMC's advice service (see link to their website below)
to have an informal chat before you decide whether to make a complaint.
Complaints about the conduct of other health related professionals: Complaints relating to the attitude
or behaviour of paramedics/health professionals including physiotherapists,
occupational therapists, speech & language therapists, dietitians,
radiographers, chiropodists and other therapists, but NOT doctors, nurses,
dentists, opticians or pharmacists or reidential homes, should be made
to the Health Professions Council (HPC). The HPC's Investigating Committee
will check a complaint or allegation to determine if there is a case and
the nature of the case. If so, it then goes to either the Conduct and
Competence Committee or the Health Committee.
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| Step
4 - |
Court: Failing
all else you can still go to court to resolve your dispute. Details of
small claims court and other procedures are given in the Legal Section
of this site. You can also contact the Community Legal Service (justask.org.uk)
that gives access to free advice. Otherwise your local Citizens' Advice
Bureau will give you advice and will sometimes organise free legal representation
for you.
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If you are at all unsure
about any of these steps or would like further information please use the list
of Information links given below. If you click on the icon the relevant site will open a new window.
Links to Information
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The Citizens Advice
Bureau Adviceguide site for Health. |
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The General Medical
Council |
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Mental Health Media's
Anti-Discrimination Toolkit website |
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Patients Association
website |
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Links to medical organisations
in UK |
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UK Nursing & Midwifery
Council |
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Health Professions
Council, the regulator of 12 different health professionals in the UK from
physiotherapists to paramedics. |
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Your Guide to the
NHS (replaces the Patient's Charter) |
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BBC's Watchdog
guide to medical matters |
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A website where you
can find over 2000 Patient Support Groups |
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Health Service Ombudsman
England |
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Health Service Ombudsman
Scotland |
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Health Service Ombudsman
Wales (English version) |
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Ombudsman y Gwasanaeth
Iechyd Cymru |
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Northern Ireland Ombudsman |
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NHS Scottish Health
on the Web |
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Macmillan Cancer Charity
guide to patients' rights and advice |
General
advice
Independent advice: Independent help with
making your complaint about NHS services can be obtained from your local local
PALS (Patients Advisory Liaison Service). In Scotland help can be obtained
from your Local Health Council (LHC) and in Northern Ireland your Health &
Social Services Council (HSSC). A list of contact details for your local PCT/CHC/HSST
can be found here, or alternatively telephone
numbers and addresses can be found in your phone book.
Who can make a complaint? To use the NHS
complaints procedure a person must be a patient or a former patient of the practitioner
or institution concerned. It is possible to complain on behalf of existing or
former patients, but the hospital or practice must agree that the person making
the complaint is a suitable representative.
Time limits: A complaint should be made as soon as
possible after the incident. The time limit for NHS complaints is usually six
months from the date of the incident. However, if a hospital or practice is
unaware of there being any cause for complaint, the six months limit starts
from the time the hospital or practice first became aware. This start date must
be within twelve months of the date of the incident. There is discretion to
waive the time limit where it would be unreasonable to expect the complaint
to have been made in time, for example, because of grief or trauma. It must,
however, still be possible to investigate the complaint.
Financial compensation: If a person is seeking financial
compensation they must take legal action (see step 4). It is not possible to
get financial compensation through the complaints system.
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