Outline of the current procedure
The NHS Complaints Procedure is made up of 3 stages
Stage 1: Local resolution
Local Resolution is the key to the success of the procedure.
This is the opportunity for the local service provider (e.g. GP, hospital or dentist) to work directly with the complainant to resolve the complaint, and is usually carried out by
- correspondence with the Complaints Manager leading to an investigation into the facts of the complaint and a written response to the issues and questions raised.
- a meeting enabling the complainant to tell the NHS directly about their experiences and explain what they want to see happen. The complainant will normally be asked whether they would like any of the people named in the complaint to participate in the meeting
- conciliation: conciliators are independent and specifically trained in conflict resolution. The conciliator can arrange a meeting where the parties (either separately or together) can express their views and try to resolve their differences. A conciliator will only become involved if both parties agree. The conciliation process is confidential to the people taking part.
The ICAS advocate can support the complainant in all these stages.
The process of local resolution is internal to the organisation, and therefore how well it works can vary between organisations, depending on the training and attitude of individual members of staff and on the culture of the
organisation itself. The reforms to the complaints procedure have addressed this by ensuring that
- each NHS body must designate a member of its board of directors, to take responsibility for complaints
- each NHS body must have a complaints manager who bears responsibility for ensuring effective management of and action on complaints.
In addition to this, the Healthcare Commission will review all NHS organisations’ complaints handling as part of its performance management function. The organisation will be held accountable for
- its performance in handling complaints
- ensuring that serious mistakes are not repeated.
NHS Foundation Trusts will have their own systems for the internal handling of complaints, which may differ from the local resolution procedure outlined in the regulations.
|
Local resolution should be completed within six months. |
|
Stage 2: Healthcare Commission’s Independent Review
If the complainant is dissatisfied with the way the complaint has been addressed through local resolution they can ask the Healthcare Commission to carry out an independent review of their case or of the way the complaints process has been managed so far.
Every complainant will be made aware of the right to a Healthcare Commission review: there will be widespread publicity. A patient leaflet entitled Unhappy with the way your complaint has been handled by the NHS? (external link) is being distributed to the NHS.
Regulations require that the letter from the NHS organisation to the complainant, advising that the first stage of the procedure is at an end, must include this option.
The independent review stage operated by the Healthcare Commission applies to NHS Foundation trusts, which are also covered by the Health Service Ombudsman. In the case of a foundation trust, the Healthcare Commission’s remit has now been broadened to bring it into line with complaints about NHS bodies.
The Healthcare Commission can consider a complaint which
(a) is made by a patient or any other person who is affected by, or likely to be affected by, the action or omission of the NHS foundation trust which forms the likely subject matter of the complaint; and
(b) is reasonably connected with the provision of health care or other services to patients by or for the NHS foundation trust.
The request must be received by the Healthcare Commission within six months (or, if this is not possible, as soon as reasonably practicable) of the outcome of the response from the foundation trust.
Stage 3:Health Service Ombudsman.
If complainants still have specific issues that have not been addressed through stage 1 or 2, they can ask the Health Service Ombudsman to address these issues.
Neither the Healthcare Commission nor the Health Service Ombudsman will accept any complaint which has not attempted Local Resolution.
Next: What the NHS Complaints Procedure can and can’t do
|
