NHS Foundation Trusts will have their own systems for the internal handling of complaints, which may differ from the local resolution procedure outlined in the regulations, including separate arrangements for performance management.
The independent review stage operated by the Healthcare Commission applies to NHS Foundation trusts, which are also covered by the Health Service Ombudsman. In the case of a foundation trust, the Healthcare Commission’s remit has now been broadened to bring it into line with complaints about NHS bodies.
The Healthcare Commission can consider a complaint which
is made by a patient or any other person who is affected by, or likely to be affected by, the action or omission of the NHS foundation trust which forms the likely subject matter of the complaint; and
is reasonably connected with the provision of health care or other services to patients by or for the NHS foundation trust.
The request must be received by the Healthcare Commission within six months (or, if this is not possible, as soon as reasonably practicable) of the outcome of the response from the foundation trust.
The amended regulation also replaces the Healthcare Commission’s obligation to send copies of all complaints about foundation trusts to the Independent Regulator of NHS Foundation Trusts, Monitor, (external link) with a regular reporting requirement. It enables the Healthcare Commission to send copies of complaints to the Independent Regulator, provided it has the consent of the complainant, either of its own volition, or at the request of the Independent Regulator.
The Healthcare Commission will supply Monitor with monthly data reports about all complaints relating to foundation trusts that have been referred for independent review. From these reports, Monitor may request further information about specific complaints. The Healthcare Commission will request permission from the complainant to release this information to Monitor and, where this is forthcoming, copy the complaint and the final independent review report to Monitor.
The Healthcare Commission may consider that certain other complaints should be copied in detail to Monitor. In this instance, they may copy the complaint and final independent review report to Monitor for their information, upon receiving permission to do so from the complainant.
