Options for handling the complaint

In terms of handling the complaint, options are that

• each Trust deals with the complaint separately and responds individually to the parts of the complaint that concern them
• one Trust will take the lead and co-ordinate a response so that the complainant receives one full written response answering all of their concerns and ensuring one point of contact for the complainant.

In the latter the complainant can, with the support of the ICAS advocate.

• send the same letter, containing all of the grievances, to all of the Trusts concerned

or as is more usual practice

• separate out the appropriate complaints and address them to the appropriate single Trust.

There are advantages/disadvantages to both styles of approach.

• Each Trust deals with the complaint separately
  This is how complaints have been dealt with under the existing local resolution procedure. However, this has given rise to a large number of complaints about the operation of the procedure itself – delays in timescales, key issues not being addressed, or lack of clarity about who should address what. Because of this, many NHS Trusts already have detailed arrangements for one Trust to take the lead.
• One Trust will take the lead
  In these situations a senior lead is identified for each organisation who will then work together in partnership to undertake the investigation and report, including the production of recommendations and action plan. 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 complainant should be provided with details of how the investigation will take place and the appropriate NHS timescales should apply. Joint responses should generally be jointly signed by the respective Chief Executives.

The key elements of any local complaints protocol may include:

• responding promptly, or as soon as is reasonably practicable;
• keeping the complainant updated on action being taken and the lead contact is for any query;
• mechanisms best to ensure a comprehensive, coordinated;
• details of how the respective complaints managers are to maintain close liaison and effective communication;
• consideration of whether a single response can be carried out on behalf of both bodies;
• identification of the responsible body for each aspect of the complaint;
• identification of any learning points that arise from the complaint and how these might best be shared between the complainant and the two bodies, having regard to the Data Protection Act.

Joint handling of a case should not affect the need to meet statutory deadlines for providing a response to the complainant and both trusts should seek to avoid any unnecessary delay. Fostering a culture of effective joint working will greatly aid this requirement.

Next: Example of a Joint Complaints Procedure