When people have a complaint about an NHS service, they can complain to the provider of that service or the Commissioner.
Complaints Made Direct to NHS England
A complainant may wish to make their complaint direct to NHS England and more details of how to do so can be found here .
If the complainant is unhappy with the response(s), they may go to the Ombudsman, as per usual.
Complaints Made Direct to the Practice
Practices must have arrangements for dealing with complaints in line with ‘The Local Authority Social Services and NHS Complaints (England) Regulations 2009’.
Check your practice policy on how to handle a complaint against you.
The key elements of the Regulations are set out below.
A Practice’s arrangements for dealing with complaints must make sure they are:
- dealt with efficiently;
- properly investigated;
- complainants are treated with respect and courtesy;
- complainants receive, so far as is reasonably practical:
- assistance to enable them to understand the procedure;
- advice on where they may obtain assistance;
- complainants receive a timely and appropriate response;
- complainants are told the outcome of the investigation of their complaint; and
- action is taken if necessary in the light of the outcome of a complaint.
A complaint must be made with 12 months of the incident:
- the date on which the matter which is the subject of the complaint occurred; or
- if later, the date on which the matter came to the notice of the complainant.
The time limit does not apply if:
- the complainant had good reasons for not making the complaint within that time limit;
- notwithstanding the delay, it is still possible to investigate the complaint effectively and fairly.
Procedure before investigation
A complaint may be made orally, in writing or electronically. Where a complaint is made orally, the responsible body to which the complaint is made must:
- make a written record of the complaint; and
- provide a copy of the written record to the complainant.
The complaint must be acknowledged no later than 3 working days after the day on which it is received.
At the time it acknowledges the complaint, the responsible body must offer to discuss with the complainant, at a time to be agreed with the complainant:
- the manner in which the complaint is to be handled; and
- the period within which:
- the investigation of the complaint is likely to be completed; and
- the response is likely to be sent to the complainant.
If the complainant does not accept the offer of a discussion, the responsible body must:
- determine the response period and
- notify the complainant in writing of that period.
Investigation and Response
A responsible body to which a complaint is made must:
- investigate the complaint in a manner appropriate to resolve it speedily and efficiently; and
- during the investigation, keep the complainant informed, as far as reasonably practicable, as to the progress of the investigation.
As soon as reasonably practicable after completing the investigation, the responsible body must send the complainant a response in writing, signed by the responsible person, which includes
- an explanation of how the complaint has been considered;
- the conclusions reached in relation to the complaint;
- confirmation as to whether the responsible body is satisfied that any action needed in consequence of the complaint has been taken or is proposed to be taken;
- the complainant’s right to take their complaint to the Health Service Commissioner.
If the responsible body does not send the complainant a response in accordance within the relevant period, it must—
- notify the complainant in writing accordingly and explain the reason why; and
- send the complainant a written response as soon as practicable.
Publicity
Each responsible body must make information available to the public on:
- its arrangements for dealing with complaints; and
- how further information about those arrangements may be obtained
Monitoring
Each responsible body must monitor:
- each complaint received;
- the subject matter and outcome of each complaint;
- the response period specified or any amendment to that period;
- whether a report of the outcome of the investigation was sent to the complainant within that period or any amended period.
Where to keep the complaint documents
Complaint documents, including correspondence with the MDU, should be stored in a complaint file, either electronic or paper. Keep this separate from the clinical records.
Annual Reports
Each responsible body must prepare an annual report which specifies the number of complaints:
- received;
- which were well-founded;
- which have been referred to the Health Service Commissioner.
And which summarises:
- the subject matter of complaints received;
- any matters of general importance;
- any matters where action has been or is to be taken to improve services.
The annual report should available to any person on request.
Covid-19 – GMC Guidance for Doctor Complaints
The GMC has issued guidance for its staff detailing how to take the context created by COVID-19 into account when considering complaints about doctors at COVID-19 specific guidance published for doctor complaints
Further Information
Parliamentary and Health Service Ombudsman
Obudsman, Tips for General Practice
BMA Guide on NHS Complaints (England only)
MDDU Essential guide to complaint handling in primary care
MDU Journal – a guide on how to manage patient complaints