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Complaints procedures for NHS Hospitals and Clinics

General Comment -

The detailed procedures for complaints about the NHS are given below. If you would like independent advice on a matter you should contact your local PALS (Patients Advisory Liaison Service) run by Primary Care Trusts (PCTs- England& Scotland) Community Heatlh Councils (CHCs - Wales) or Health and Social Services Trusts (HSS Trusts - Northern Ireland)/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 -

Local Resolution:

PCTs, CHCs and HSSTrusts 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.

All NHS trusts, PCTs/CHCs/HSSTrust, GPs, dentists, opticians and pharmacists have a complaints procedure. It is important for you to contact someone in the organisation about the cause of a complaint as soon as possible. This helps them to investigate the complaint properly.
Each Trust will have a complaints manager who can advise you on your complaint. GPs, dentists, opticians and pharmacies should also have someone who oversees their complaints procedure. If you are not sure who to contact, get in touch with your local PALS.
You can expect a full and prompt reply to any complaint made against a trust or health organisation, normally within 20 working days. Family health service providers - GPs, dentists, pharmacists or opticians - should reply within 10 working days.

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

Step 2 -

Independent Review:

If you are not happy with the result of local resolution, you can ask for an independent review. This should be done within four weeks of the outcome of local resolution.
Your request will be considered by a specially trained member of the trust or health authority, called the convener. You will be asked to explain in writing exactly why the local resolution was unsatisfactory. The convener will consider your request with the help of an independent person.
Further local resolution might be suggested, or, if this is not considered appropriate, then the convener may decide to set up an independent review panel to consider the complaint. The panel will consist of three people: a lay chair (nominated by the Government from a list of people held by the regional office of the NHS Executive - part of the Department of Health); the convener; and a third person (either from the local health authority, for hospital complaints, or from the above list).The panel will ask for expert advice if the issue is of a clinical nature.
The panel will prepare a report setting out the results of its investigation together with its conclusions and any suggestions, and you will receive a copy of the report. If your complaint is about a hospital or health authority you will receive a letter from the chief executive detailing any action that is being taken following the panel's deliberations. GPs, dentists, opticians or pharmacists will be encouraged to write to you setting out what they have done about the panel's suggestions.

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).

Find your local PCT/CHC/HSS Trust here

Step 3 -

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 explain decisions or provide information.
The Health Service Ombudsman cannot investigate complaints which you could take to court or independent tribunal; personal issues; commercial or contractual matters; properly made decisions that you may not agree with; services in non-NHS hospital or nursing home; complaints about central or local government.

What about other complaints?

Complaints about private treatment: Details of how to complain about treatment received in private hospitals can be found in the section Private Healthcare.

Complaints about the conduct or behaviour of doctors: Complaints relating to the attitude or behaviour of a doctor are still 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 professionals: Complaints relating to the attitude or behaviour of other health related staff including physiotherapists, occupational therapists, speech & language therapists, dietitians, radiographers, chiropodists and other therapists, but NOT doctors, nurses, dentists, opticians or pharmacists or residential homes, should be made to the Health Professions Council (HPC). The HPC will investigate allegations of professional misconduct or unfitness to practice for reasons of ill health.professionals. 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.

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.

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 website icon the relevant site will open a new window.

Links to Information

website The Citizens Advice Bureau Adviceguide site for Health.
website Mental Health Media's Anti-Discrimination Toolkit website
website The General Medical Council
website Patients Association website
website Links to medical organisations in UK
website UK Nursing & Midwifery Council
website Health Professions Council, the regulator of 12 different health professionals in the UK from physiotherapists to paramedics.
website Your Guide to the NHS (replaces the Patient's Charter).
website BBC's Watchdog guide to medical matters
website A website where you can find over 2000 Patient Support Groups
website Health Service Ombudsman England
website Health Service Ombudsman Scotland
website Health Service Ombudsman Wales (English version)
website Ombudsman y Gwasanaeth Iechyd Cymru
website Northern Ireland Ombudsman
website NHS Scottish Health on the Web
website Macmillan Cancer Charity website. A 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 Community Health Council (CHC).  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 can be found on this site, 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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