Complaints procedure: Difference between revisions

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==The complaints procedure==
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There are three stages to the NHS complaints procedure:
On 1/4/09 the complaints procedure changed. There is now a unified procedure for both health and social care complaints. The first stage is to complain to the service provider (local resolution). The second stage, if still unhappy, is to complain to the Parliamentary and Health Service Ombudsman. See [[Local Authority Social Services and National Health Service Complaints (England) Regulations 2009]]


===1. Local Resolution===
There used to be a middle stage, involving a complaint to the Healthcare Commission (and then possibly to the Mental Health Act Commission), but these organisations have been merged into the new Care Quality Commission and the middle stage has been removed. The CQC can still assist where the complainant is detained under the MHA.


The first step is always to make the complaint directly to the organisation concerned, for example the Trust Complaints Manager. The organisation must acknowledge receipt of complaint letters, and must provide a full response within 25 working days.
Details of the complaints procedure can be found on the NHS website, and useful summaries are on the CQC website (links below).


===2. Independent Review===
Every Trust has a Patient Advice and Liaison Service (PALS).  PALS are not part of the complaints procedure itself, but might be able to help resolve the concerns informally or explain the complaints procedure to you in more detail. You could also ask the local Citizens Advice Bureau for help.


If you are unhappy with the response to your complaint you can ask the Healthcare Commission for an Independent Review of your case. The Healthcare Commission can make contact at Freepost NAT 18958, Complaints Investigation Team, Manchester M1 9XD.
==See also==
[[Consultations#Department of Health]]. Review of NHS complaints system (15/3/13 to 30/7/13).


===3. Health Service Ombudsman===
==External links==
 
If you remain unhappy after the first two stages then you can complain to the Health Service Ombudsman.  The Ombudsman is independent of the NHS and of the government.  You would write to Millbank Tower, Millbank, London, SW1P 4QP.
 
==Other organisations==
 
===Mental Health Act Commission===


If you are a detained patient then the Mental Health Act Commission have a discretionary power under the Mental Health Act 1983 to consider the investigation of the complaint. Their policy is that a complaint should be investigated initially through the first two stages of the NHS Complaints Procedure (see above) prior to making a decision to use its own powers of investigation.
[http://www.cqc.org.uk/contactus/howtoraiseaconcernorcomplaint.cfm Complaints page on CQC website] - March 2010


===PALS===
[http://www.nhs.uk/aboutNHSChoices/Pages/Howtocomplaincompliment.aspx Complaints page on NHS website]


Every Trust has a Patient Advice and Liaison Service (PALS). PALS are not part of the complaints procedure itself, but might be able to help resolve the concerns informally or explain the complaints procedure to you in more detail.  
[http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_111620 Clarification of Complaints Regulations 2009] - 28/1/10 - "New regulations for handling NHS and adult social care complaints came into effect on 1 April 2009 - however, some local provider websites are still referencing the 2004 regulations. Additionally, clarification has been provided on the legislative position around complaints being handled by PALS, and cases where legal proceedings are being taken."
 
==External links==


[http://www.dh.gov.uk/en/Policyandguidance/Organisationpolicy/Complaintspolicy/NHScomplaintsprocedure/index.htm NHS complaints procedure] (DH website)
[http://www.dh.gov.uk/en/Policyandguidance/Organisationpolicy/Complaintspolicy/NHScomplaintsprocedure/index.htm NHS complaints procedure] (DH website)
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[http://www.pals.nhs.uk PALS website]
[http://www.pals.nhs.uk PALS website]


[http://www.mhac.org.uk Mental Health Act Commission website]
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Latest revision as of 11:25, 10 April 2021

[Need to check and possibly update this page.]

On 1/4/09 the complaints procedure changed. There is now a unified procedure for both health and social care complaints. The first stage is to complain to the service provider (local resolution). The second stage, if still unhappy, is to complain to the Parliamentary and Health Service Ombudsman. See Local Authority Social Services and National Health Service Complaints (England) Regulations 2009

There used to be a middle stage, involving a complaint to the Healthcare Commission (and then possibly to the Mental Health Act Commission), but these organisations have been merged into the new Care Quality Commission and the middle stage has been removed. The CQC can still assist where the complainant is detained under the MHA.

Details of the complaints procedure can be found on the NHS website, and useful summaries are on the CQC website (links below).

Every Trust has a Patient Advice and Liaison Service (PALS). PALS are not part of the complaints procedure itself, but might be able to help resolve the concerns informally or explain the complaints procedure to you in more detail. You could also ask the local Citizens Advice Bureau for help.

See also

Consultations#Department of Health. Review of NHS complaints system (15/3/13 to 30/7/13).

External links

Complaints page on CQC website - March 2010

Complaints page on NHS website

Clarification of Complaints Regulations 2009 - 28/1/10 - "New regulations for handling NHS and adult social care complaints came into effect on 1 April 2009 - however, some local provider websites are still referencing the 2004 regulations. Additionally, clarification has been provided on the legislative position around complaints being handled by PALS, and cases where legal proceedings are being taken."

NHS complaints procedure (DH website)

Patient Advice and Liaison Services (DH website)

PALS website

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What links here: