Who is complaining?
Only 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.
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.
A complaint may be made by someone acting on behalf of a person, ‘the representative’, who
- has died
- 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
When the person has died or is incapable
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.
Complaining on behalf of children
The person with parental responsibility may complain on behalf of children under 16. However, where the child is mature enough to understand the nature of the complaint, the Department of Health guidelines for the consent of children and young people (external link) should be followed. Where the child requests that any information is not disclosed to their parents, this should normally be respected unless it is deemed to be in the child’s or the public’s interest to disclose it.
Next: What are the time limits for making a complaint?
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