Independent Review by the Healthcare Commission

Local resolution must be completed

At the first stage of the NHS complaints procedure the onus remains with the local organisation to try to resolve issues promptly as close to where they arose as possible. However, if the complainant remains dissatisfied, they have the right to a review of their case by the Healthcare Commission.

Every complainant should be made aware of this with publicity about the right to a Healthcare Commission review.  Their patient leaflet entitled “Unhappy with the way your complaint has been dealt with by the NHS" (external link) has just been revised.

The amended regulations increase the time within which a complainant may request the consideration of a complaint by the Healthcare Commission. Requests for independent review must be made within 6 months of the end of local resolution.
Local resolution is completed when the Trust or the Senior Partner in a Family Health Service (GP) practice has sent a letter to the complainant answering the matters raised by the complaint and alerting them of their right to go to the Healthcare Commission.  Upon receiving an independent review request, the Healthcare Commission will ask the local NHS body to confirm that local attempts at resolution are concluded.

Exceptions
Where

• local resolution has been refused
• has taken more than six months
• or the complainant has grounds for believing that it is not being carried out properly

the Healthcare Commission may decide to review the complaint before the end of local resolution. The Healthcare Commission has discretion to accept late complaints where the reasons for the delay are considered to be reasonable.

Next: Who can complain?