The NHS complaints regulations 2004 have been amended in September 2006. The amendments are intended to make the system more responsive and give better links with the arrangements for responding to social care complaints. Complaints raised before 1 September 2006 will be dealt with under the The National Health Service (Complaints) Regulations 2004, which came into force on 30 July 2004.

During 2006, following a commitment in the White Paper Our health, our care, our say, the Department launched a project to carry out a fundamental review of the complaints systems in both health and social care. The aim will be to complete the process begun with the 2004 and 2006 regulations and to develop by 2009 a comprehensive single complaints system across health and social care. The review has been carried out under the oversight of a policy forum with representation from the Healthcare Commission, the Commission for Social Care Inspection, the PALS, complaints staff, and the office of the health and local government Ombudsmen.

As part of this project, the Department commissioned a programme of research including a
review of the literature and qualitative research with people using complaints services. Findings of this research include the following:

• there is a reluctance to make formal complaints – experiences have to be very bad before people are prepared to come forward with their views
• the complaints system is not widely understood and perceived as lengthy and bureaucratic
• some patients are particularly hesitant about making complaints about GPs directly to the practice, because they think that this could have serious consequences for their relation to their GP
• positive feedback tends to be given informally rather than through formal channels.

The amended regulations were introduced after the Department of Health had been able to give proper consideration to recommendations made by the Shipman Inquiry (as well as other inquiries due to report – Ayling, Neale, Kerr & Haslam). The Government’s response to the recommendations of the Shipman Inquiry’s fifth report and to the recommendations of the Ayling, Neale and Kerr/Haslam Inquiries, “Safeguarding Patients”  (external link) has just been published (February 2007) This has specific recommendations in relation to complaints procedures.

The Department will shortly be issuing a consultation paper with proposals for a new complaints system. The intention is to create a system which delivers a stronger voice for
patients, in line with the overall objectives of the Government’s public sector reform programme, and which is

• demonstrably independent
• simple, integrated and consistent across organisations and agencies
• focused on the needs of patients and based on an understanding of the needs of patients, carers and staff
• staffed by well-trained people with sufficient seniority in their organisations to effect improvement
• supported by managers who are committed to learning from mistakes and to delivering specific and systematic changes to the organisations against which complaints are made.

Links to legislation

National Health Service (Complaints) Regulations 2004   (external link)

The Department of Health has a complaints policy page (external link) with detailed guidance and links to all the relevant regulations.

Local resolution

Key changes now in place

Independent review by the Healthcare Commission

How the Healthcare Commission handles complaints

Foundation trusts and complaints

Designated manager for complaints
Designated board member with responsibility for complaints

Integral to clinical governance

Help with implementation

The Commission for Social Care Inspection (CSCI)

Key features of the new regulations

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