Complaints procedures
Local Resolution for primary care practitioners
The arrangements for local resolution set out in the Complaints Regulations do not apply to primary care practitioners at the moment. The separate Directions and Regulations relating to complaints made about primary care services continue to apply. These are laid out in detail in the 2004 guidance. The practice based procedure booklets issued to primary care practitioners in 1996 continue to apply.
At present PCTs are not able to intervene in the handling of complaints about Primary Care, other than to offer to act as “honest broker” between the complainant and the practice and, where appropriate, to arrange a conciliation meeting if both parties agree. “Safeguarding Patients” indicates that this may soon change and patients will be able to complain directly to the PCT if they so choose.
Regulations and practice based complaints procedures
Regulations for general practices
SI 2004 No. 291 – The National Health Service (General Medical Services Contracts) Regulations 2004 (external link)
Guidance for general practices (external link)
Regulations for general dental practices
SI 1996 No. 704 – The National Health Service (General Dental Services) Amendment Regulations 1996 (external link)
Guidance for general dental practices (external link)
Regulations for optometrists
SI 1996 No. 705 – The National Health Service (General Ophthalmic Services) Amendment Regulations 1996 (external link)
Guidance for optometrists (external link)
Regulations for community pharmacists and other providers of NHS pharmaceutucal services
SI 1996 No. 698 - The National Health Service (Pharmaceutical Services) Amendment Regulations 1996 (external link)
Guidance for community pharmacists and other providers of NHS pharmaceutucal services.
Information in the booklets on the independent review process continues to apply in cases going through the old independent review process under the transitional arrangements.
PCTs are not able to intervene in the handling of complaints about primary care practitioners, other than to offer to act as “honest broker” between the complainant and the practice and, where appropriate, to arrange a conciliation meeting if both parties agree.
The new GP contract requires active cooperation between the GP and the PCT on complaints:
“The contractor shall take reasonable steps to ensure that patients are aware of-
(a) the complaints procedure;
(b) the role of the Primary Care Trust and other bodies in relation to complaints about services under the contract; and
(c) their right to assistance with any complaint from independent advocacy services provided under section 19A of the Act (independent advocacy services)”
The National Health Service (General Medical Services Contracts) Regulations 2004 (external link) |
Independent review
The new arrangements for independent review as set out in the Complaints Regulations do apply to primary care practitioners from 30 July 2004.
If a complainant remains unhappy with the outcome of their complaint, they may ask the Healthcare Commission to undertake an independent review. The complainant may do this through the PCT or by approaching the Healthcare Commission direct.
Personal Medical Services Pilot Schemes
From 1 April 2004, Personal Medical Services Pilot Schemes ceased to exist by virtue of the National Health Service (Personal Medical Services Agreements) Regulations 2004, aside from those Schemes covered by The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004.
SI 2004 No. 865 – The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004 (external link)
An amended set of Directions on the NHS complaints procedure has been issued to address this change, basically by removing references to PMS pilot schemes, and these are listed below.
Directions to primary care trusts on complaints procedures for primary medical services 2004 (external link)
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