The Healthcare Commission will take decisions regarding reviews previously taken by the complaints’ convener of individual trusts in conjunction with lay chairs. The Healthcare Commission will review each case to assess how best it can be resolved, whether further action is necessary and if so, what and by whom. It will have a number of options
refer the case back to the NHS organisation for further action
investigate cases
refer to Ombudsman where cases are particularly complex.
If the Healthcare Commission decides to investigate, Healthcare Commission staff will undertake the investigation, with expert advisers if necessary. This may include experts who can look at the complaint from a patient perspective, who can bring knowledge of good practice around patient and carer issues. Experts on clinical issues will look at the patient's health records and, in some circumstances, clinically examine the patient.
When the investigation is completed, a report will be produced, summarising the findings of fact, the conclusions and recommendations for action by the body complained about. The Healthcare Commission will require NHS organisations to develop a plan of action to implement these recommendations. Strategic Health Authorities will manage the compliance with any plan. The Healthcare Commission's system of inspection incorporates follow up on progress.
If the complainant remains dissatisfied, the Healthcare Commission can set up an independent panel of three lay people who will be brought together to hear the case. This will be based on the investigation report, including statements from the complainant, the organisation about which the complaint is made, and from any key witnesses. The panel produces a report with detailed findings and recommendations for action.
Complainants will still have a final recourse to the Ombudsman where they remain unhappy following action by the Healthcare Commission.
Independent review and primary care practitioners
The new arrangements for independent review as set out in the Complaints Regulations apply to primary care practitioners from 30 July 2004.
