Compliments and Complaints

Any compliments and complaints about the care or services you have received?

Most medical treatment and care goes according to plan, but occasionally things go wrong and you want to complain.

So where do you start?

Every NHS organisation has a complaints procedure. To find out about it, ask a member of staff, look on the PCT's or hospital's website or contact the PALS department for more information.

You may, however, want to feedback positive comments on the care and services you have received. These comments are just as important as they tell NHS Organisations what factors are contributing to a good experience for patients.

What are your rights?

If you're not happy with the care or treatment you've received, or you've been refused treatment for a condition, you have the right to complain, have your complaint investigated and be given a full and prompt reply.

The NHS Constitution explains your rights when it comes to making a complain. You have the right to:

have a complaint dealt with efficiently and have it properly investigated,
know the outcome of any investigation into the complaint,
take your complaint to the independent Parliamentary and Health Service Ombudsman if you are not satisfied with the way the NHS has dealt with your complaint,
make a claim for judicial review if you think you have been directly affected by an unlawful act or decision of an NHS body, and;
receive compensation where you have been harmed.

Who should you complain to?

You can complain either to the service you are unhappy with or you can complain to us, your local primary care trust (PCT), who commission the service.

When should you complain?

As soon as possible. Complaints should normally be made within 12 months of the date of the event you're complaining about or as soon as the matter first came to your attention.

The time limit can be extended sometimes (so long as it is still possible to investigate the complaint). An extension might be possible, for example, in situations where it would have been difficult for you to complain earlier, such as if you were grieving or undergoing trauma.

Where do you start?

As of April 2009, the Healthcare Commission is no longer responsible for reviewing patients' unresolved complaints about the NHS. Instead, the government has introduced a new, simplified process that involves just two stages.

Ask your hospital or trust for a copy of their complaints procedure, which will explain how to take things forward. Your first step will normally involve raising the matter, either orally or in writing, with the practitioner, e.g. the nurse or doctor concerned, or with their organisation, which will have a complaints manager. This is called local resolution and most cases are resolved at this stage.

If you are still unhappy with the outcome, you can refer the matter to the Parliamentary and Health Service Ombudsman, who is completely independent of the NHS and government. 0845 015 4033

Who can help?

Making a complaint can feel like a rather daunting process, but there is help available:

The Patient Advice and Liaison Services (PALS), which is located in each NHS trust, can advise you on how to take you complaint forward or help you to resolve it informally. However, they cannot take it up for you. Our PALS telephone number is 0800 923 2222
The Independent Complaints Advocacy Service (ICAS) is a free, confidential and independent service which can help you make a formal complaint about NHS sevices. (You can contact your local ICAS directly. Find it in the phone book, through the hospital manager, or by contacting PALS)
NHS Direct (0845 4647) or your local Citizens Advice Bureau can also advise on NHS complaints.

The Ombudsman's Principles can also provide useful information regarding the new complaints process. You can download a summary of these principles here.

THE NEW CARE QUALITY COMMISSION DEALS WITH CONCERNS AND COMPLAINTS ABOUT:

1. Care homes and services

If you are unhappy about how you have been treated or the services you have received, they will take your views seriously.

Share complaints about a care home or service: find out what to do if you are unhappy about your social care service.

2. Council social services

If you would like to make a complaint about social care services provided by your council, you should contact them directly.

Complain to your council - what to do if you have a concern or complaint about your council.

3. Independent healthcare services

If you would like to raise a concern or complaint about independent healthcare services, you should contact them in the first instance.

Raise a concern or complaint about independent healthcare services - find out what to do if you're unhappy with the way a service has dealt with your complaint.

4. Complaints about the NHS

If you would like to complain about the NHS, you need to contact the NHS directly.

Complain about the NHS - The process for this has changed as of 1st April 2009 and CQC are not involved in this process.

5. Complain about CQC

CQC aim to get things right the first time. However, if you believe they have got something wrong, please tell them and they will try to sort things out quickly.

Complain about CQC - What to do if you want to make a complaint about CQC

6. How to complain if you've been detained under the Mental Health Act

The CQC have specific duties to look after complaints from people detained under the Mental Health Act. They can help with complaints about health services received if you have

been detained
are subject to guardianship;
or are on supervised community treatment

Please contact the independent health care provider or the NHS trust in the first instance or visit the CQC website for more information.