Independent Review by the Healthcare Commission
Complaints about care provided in the independent sector and funded privately
In April 2004, the Healthcare Commission took over responsibility for regulating and inspecting the independent healthcare sector, which was previously the responsibility of the National Care Standards Commission (NCSC).
The Healthcare Commission also handles complaints about private and voluntary healthcare providers, although under a different system than NHS complaints.
People wishing to complain about these services should complain in the first instance to the healthcare provider. Registered service providers are required by law to have a complaints procedure and should provide information on how to complain for users of the service and their relatives.
The remit of the Healthcare Commission (Complaints) covers services registered with the Healthcare Commission under the Private and Voluntary Health Care (England) Regulations 2001. (external link)
The following fall outside the remit of the Healthcare Commission
- fees or other monies. The Healthcare Commission has no remit to obtain or to assist in obtaining the return of fees or monies paid
- Unregistered establishments or individuals – the Healthcare Commission has a list of service providers registered with the Healthcare Commission
- the content of the regulations or the National Minimum Standards or registration or annual fees – the Healthcare Commission has no powers to amend/change these
- eligible Issues where legal process is in progress
- complaints that started prior to April 1st 2002
- it deals with things like recruitment, pay or the discipline of staff working in the NHS
- it is a complaint about the way the local health service handled personal information under the Data Protection Act 1998, or the way they dealt with a written request for information under the Freedom of Information Act 2000
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Healthcare Commission workload
“Original estimates were that up to 5,000 referrals for independent review would be received in the first year of our taking over the new responsibilities. However, present rates of referrals suggest that up to 9,000 requests may be received. This increase in the level of referral is likely to continue as the number of patients who can complain under the NHS process increases (e.g. to include healthcare in prison from April 2005, and, once the Commission for Social Care Inspection’s procedures for complaints are operational from October 2005, complaints which relate to both health and social care) and against a backdrop of higher volumes of complaints in the NHS and society more generally.”
Head of Complaints report (external link) to Healthcare Commission public meeting 24 Feb 2005
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Next: Foundation Trust complaints and the Healthcare Commission
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