Independent review by the Healthcare Commission
The Healthcare Commission took over the second stage, independent review, of the NHS complaints procedure in England from July 30th 2004. Individuals can ask the Healthcare Commission to review their complaint if they remain dissatisfied with the outcome from local resolution. Where local resolution has
- been refused
- has taken more than six months
or the complainant has grounds for believing that it is not being carried out properly, the Healthcare Commission may decide to review the complaint before the end of local resolution. The Healthcare Commission has discretion to accept late complaints where the reasons for the delay are considered to be reasonable.
The new arrangements for independent review as set out in the Complaints Regulations apply to primary care practitioners from 30 July 2004.
Every complainant will be made aware of the right to independent review by the Healthcare Commission. Regulations require that the letter from the NHS organisation to the complainant, advising that the local resolution is at an end, must include this option.
A patient leaflet has been produced by the Healthcare Commission, entitled Unhappy with the way your complaint has been handled by the NHS? (external link) which is being distributed to the NHS.
The amended regulation increases the time within which a complainant may request the consideration of a complaint by the Healthcare Commission. Requests for independent review must be made within 6 months of the end of local resolution. The Healthcare Commission will take this to be the final response (or meeting) given by the healthcare provider to the complainant about their concerns. Upon receiving an independent review request, the Healthcare Commission will ask the local NHS body to confirm that local attempts at resolution are concluded.
A request may also be made by the complainant to the NHS body or the primary care provider which was the subject of the complaint. The regulations require them to forward this request immediately to the Healthcare Commission. They must also include all information or documents relating to the handling and consideration of the complaint.
Next: How the Healthcare Commission handles complaints
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