Independent Review by the Healthcare Commission

Foundation Trust complaints and the Healthcare Commission

In the case of Foundation trusts, 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 amended regulation replaces the Healthcare Commission’s obligation to send copies of all complaints about foundation trusts to the Independent Regulator of NHS Foundation Trusts, Monitor, (external link) with a regular reporting requirement. It enables the Healthcare Commission to send copies of complaints to the Independent Regulator, provided it has the consent of the complainant, either of its own volition, or at the request of the Independent Regulator.

The Healthcare Commission will supply Monitor with monthly data reports about all complaints relating to foundation trusts that have been referred for independent review. From these reports, Monitor may request further information about specific complaints. The Healthcare Commission will request permission from the complainant to release this information to Monitor and, where this is forthcoming, copy the complaint and the final independent review report to Monitor.

The Healthcare Commission may consider that certain other complaints should be copied in detail to Monitor. In this instance, they may copy the complaint and final independent review report to Monitor for their information, upon receiving permission to do so from the complainant.

The Healthcare Commission will not consider a complaint about a Foundation Trust where the complaint

• is one about which the complainant has stated in writing that he intends to take legal proceedings
• is one about which the Foundation Trust has stated in writing that it is taking or is proposing to take disciplinary proceedings in relation to the substance of the complaint against a person who is the subject of the complaint
• arises out of the Foundation Trust's alleged failure to comply with a data subject request under the Data Protection Act 1998 or a request for information under the Freedom of Information Act 2000
• is being or has been investigated by the Health Service Commissioner.

Next: Key stages of the Healthcare Commission complaints process