Who is complaining?
Complaints about care and treatment (or refusal to provide it) can be made by patients or those eligible to make them on their behalf under the NHS complaints procedure.
Representatives
Relatives and friends can make complaints on behalf of patients. If this is the case it is essential that the ICAS advocate is assured that the patient is aware that the complaint is being made and has given their consent to that person acting on their behalf. The patient needs to give written permission if the response might include any personal information.
The NHS will not accept the complainant as a representative without this documentation.
The representative must be a relative or other person who had or has a “sufficient interest” in their welfare and is a “suitable person” to act as representative. This should normally be the next of kin or guardian, or have the consent of the next of kin or guardian.
The NHS has the right not to accept the complainant as a “suitable representative” for a patient or having “sufficient interest”. They may suggest an alternative person to fulfil this role, although they are not required to do so as they were under the previous complaints legislation.
If the Complaints Manager decides they are not acceptable, they must provide full information to the complainant, outlining the reasons the decision has been taken. If the complainant is unhappy with the alternative suggested, they can appeal against this decision by writing to the Healthcare Commission.
Link to ICAS consent form
Exceptions to the need for consent
There are some exceptions where the patient’s consent is not needed. Where the person
- has died or is unable by reason of physical or mental incapacity to make the complaint themselves, or has requested the representative to act on their behalf.
- is a child
In these cases the complaint may be made by someone acting on their behalf.
Next: When the person has died or lacks capacity
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