Duty to cooperate
These “complex” complaints require a duty to cooperate in the interests of a seamless service for the complainant.
The Complaints Regulations 2004 say that
“The arrangements must be accessible and such as to ensure that complaints are dealt with speedily and efficiently, and that complainants are treated courteously and sympathetically and as far as possible involved in decisions about how their complaints are handled and considered.”
All NHS bodies have to ensure that, between them, they address all matters of concern to the complainant.
If the complaint involves a GP, the new GP contract (2004) requires 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)
Because the local resolution stage of the complaints procedure does not yet apply to GPs, PCTs are not able to directly intervene in the handling of complaints about GPs. However, they can offer to act as “honest broker” between the complainant and the practice.
In working with everyone involved in the complaint, PCTs share responsibility to ensure that, those complained about address all matters of concern to the complainant. “Safeguarding Patients” indicates that this may soon change and patients will be able to complain directly to the PCT if they so choose.
Duty to cooperate with local authorities
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 duty to cooperate for all parties includes the duty to:
- share relevant information, and
- attend joint meetings reasonably arranged to consider the complaint.
Additionally, the two bodies should seek to agree which organisation should take the lead in co-ordinating the handling of the complaint and dealing with the complainant. The lead body’s Complaints Manager must:
- coordinate the handling of the complaint by working closely with all those involved,
- ensure a comprehensive and appropriate response is sent, and
- ensure that they keep the complainant informed and, where possible, coordinate a single reply.
The protocols for determining the lead agency are best worked out locally. However, regulation 13(2) of the Principal Regulations provides that the Chief Executive of the NHS body should sign the response, except where there are good reasons for them not being able to do so. Irrespective of ‘lead’ responsibility, each body retains its duty of care to the complainant and must handle its part of the complaint in accordance with its own regulated procedures. The Social Services Regulations have a provision that mirrors the new regulation 3A to ensure that this can occur.
Next: Options for handling the complaint
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| April 5, 2007 |
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