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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.
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| Step
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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
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| Step
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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
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| Step
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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.
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| Step
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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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Mental Health Media's
Anti-Discrimination Toolkit website |
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The General Medical
Council |
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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
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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