Local resolution

The main changes are in relation to local resolution as a result of the 2006 amendments are:

Timescales

• the time limit for trusts to respond to a complaint at the local level has been extended from 20 working days to 25 working days from the date the complaint is made and received

• time-limits for requesting independent review by the Healthcare Commission extended from 2 to 6 months after the end of local resolution. This will give individual patients more time to reach a decision about whether to take their complaint to the Healthcare Commission if they are dissatisfied with the local response.

Complaints involving more than one body and complaints made to an NHS body relating only to a local authority

There is now a duty on NHS bodies to cooperate with local authorities when complaints relate in part to a local authority’s functions. This will ensure that patients and service users get a more integrated response when they raise concerns which cover both health and social care.

The Complaints Manager and designated person with oversight of complaints

 There is a requirement to have

• a designated Complaints Manager.
• a senior person in the body responsible for the oversight of complaints.

The complaints manager does not have to be an employee of the NHS body and may act as Complaints Manager for more than one NHS body.

Two new types of complaints that cannot be considered under the regulated complaints process:

• a complaint the subject matter of which has already been investigated under these Regulations
• a complaint which relates to any scheme established under section 10 (superannuation of persons engaged in health services, etc) or section 24 (compensation for loss of office, etc) of the Superannuation Act 1972(a), or the administration of those schemes.

Foundation trusts

NHS Foundation Trusts have their own systems for the internal handling of complaints, which may differ from the local resolution procedure outlined in the Regulations.

The amended Regulation broadens the remit of the Healthcare Commission in respect of complaints relating to NHS foundation trusts to bring it into line with complaints about NHS bodies. It enables the Healthcare Commission to investigate both patient and non-patient complaints arising from NHS Foundation Trusts. This gives consistency in the type of complaints the Healthcare Commission can investigate across NHS trusts and NHS foundation trusts.

Conciliation

It is a legal requirement for all trusts to provide arrangements for conciliation, mediation or other assistance, and to keeping the complainant informed of progress. How these services are organised locally, however, can differ considerably.

Next: Independent review by the Healthcare Commission