Complaints about health services

Want to make a complaint about a health service?

Making a complaint about the NHS

Many people are treated in NHS hospitals every year. Most people are happy with their treatment, but if things go wrong here's what to do. You will need to make your complaint to your local hospital, clinic or surgery. You can ask them for a complaints leaflet that will have the details. Most complaints can be resolved quickly in this way. All NHS Hospital Trusts have complaints managers who will be able to help you. Follow the link for more information.

Information on how the NHS complaints procedures work can be found on the NHS Direct website (see link). The National Health Service (NHS) Patients' Charter sets out your rights and the standards of service you should expect from NHS services. This can ordered from NHS Direct www.nhsdirect.nhs.uk. NHS Direct gives you the right to a full written reply to any complaint against a Trust or Health Authority within 20 days.

If you need help with making a complaint contact your local Citizens Advice Bureau, you can find them at: www.adviceguide.org.uk. Or you can contact the Independent Complaints Advocacy Service (see details below).

If you are unhappy with the reply you receive, you can ask an independent panel to look at your complaint. A specially trained member of the Trust or Health Authority, called a convenor, will look at your request. The convenor will contact an independent person to help them consider your case and to look at whether any other local action might resolve the problem. If not, the convenor will decide whether an independent review of your complaint should be held.

If a panel is set up, they will fully re-examine your complaint, talking to everyone involved and getting specialist advice where needed. They will prepare a report with the results of the investigation, their findings and other suitable comments or suggestions. You will also receive a copy of the report and be informed about any action that the Trust or Health Authority will take following the panel’s recommendations.

Independent Complaints Advocacy Service

The Independent Complaints Advocacy Services gives help and advice if something goes wrong in your contact with the National Health Service, whether in connection with hospital or community clinic and nursing services, the Ambulance Service, or with NHS services provided by GPs, dentists, opticians and community pharmacists.

The help they provide includes::

• Information, advice and guidance about the health services in Shropshire and Staffordshire
• Practical help and support to patients and carers who are concerned about their health care or who wish to pursue a complaint under the NHS complaints procedure
• Writing formal letters on your behalf
• Accompanying you to meetings with senior health service managers, doctors and nurses to discuss your complaint
• Supporting and advising you through the complaints procedure
• Assisting you with the Independent Review Process

If you live in Shropshire or Staffordshire and would like independent, free, confidential assistance or advice on making a complaint about a health service, then please telephone the free helpline on 0845 337 3054.

Making a complaint about a private health service

There is no clear, independent complaints procedure for private health services. You will have to rely on the individual hospital to deal with your complaint. Private health services will usually have a separate contract with the consultant or surgeon, who is not directly employed by the hospital. If your complaint is about different aspects of your care such as food quality, cost, and the treatment itself, you may need to complain to several different people.

Private hospitals and clinics must register with the Local Health Authority. The Health Authority will inspect them twice a year. If you are unhappy with the response from a private hospital, you can complain to the Local Health Authority, however, they will not deal with clinical complaints (complaints about the treatment given by your private doctor) unless it is relevant to the registration rules.

If your complaint is serious, you may think about withholding payment. However, the doctor or hospital could sue you to recover the payment. You should get legal advice before you take this action. If you cannot get a satisfactory response to your complaint you may need to take legal action to resolve your dispute.

If you suspect that medical treatment, or lack of treatment, may have caused or contributed to the death of a friend or relative, you should contact the local coroner as soon as possible - a post-mortem examination may be needed.

Making a complaint about professional misconduct

The General Medical Council investigates complaints about serious professional misconduct, and can lead to a doctor being struck off the register. If you have a serious complaint about a private doctor that you cannot resolve, you can complain to the General Medical Council at:

178 Great Portland Street, London W1N 6AE
Telephone: 0207 915 3603

Making a complaint to the Health Service Ombudsman

The Ombudsman will not normally become involved unless you have taken up your complaint officially and are still unhappy, for example, because:

• It took too long to deal with your complaint locally
[item[You were unreasonably refused a panel review
• You did not get a satisfactory answer to your complaint

For more information, contact:
The Parliamentary and Health Service Ombudsman
Millbank Tower
Millbank
London
SW1P 4QP

Or, visit their website (see link).