Point
If patients are unhappy with the services that they receive, they have the right to make a complaint about any aspect of NHS care, treatment or service. There is legislation in place that govern the complaints process.
NHS Complaints
A complaint or concern is defined by NHS England (2017b) as an expression of dissatisfaction about an act, omission or decision of NHS England, either verbal or written and whether justified or not, that requires a response. NHS England is expected to treat complaints with sincerity and ensure that complaints, concerns and issues that are raised by patients, relatives and carers are investigated in an unbiased, non‐judgmental, transparent, timely and appropriate way. The outcome of any investigation, with any resulting actions, has to be explained to the complainant by the investigating organisation.
Patients’ rights include:
Have their complaint acknowledged and properly investigated
Discuss the manner in which the complaint is to be handled and know the period in which the complaint response is likely to be sent
To be kept informed of progress and to know the outcome including an explanation of the conclusions and confirmation that any action needed has been taken on
Take a complaint about data protection breaches to the independent Information Commissioners Office if not satisfied with the way the NHS has dealt with this.
A complaint can be made by the person who is affected by the action, or it may be made by a person who is acting on behalf of a patient in any case where that person:
Is a child (under the age of 18 years):
In the case of a child, NHS England must be satisfied that there are reasonable grounds for the complaint being made by a representative of the child and, furthermore, that the representative is making the complaint in the child’s best interests.
Has died:
In the case of a person who has died, the complainant must be the personal representative of the deceased. NHS England has to be satisfied that the complainant is the personal representative.
Has physical or mental incapacity:
In the case of a person who is unable by reason of physical capacity, or lacks capacity as defined by the Mental Capacity Act 2005, to make the complaint themselves, NHS England needs to be satisfied that the complaint is being made in the best interests of the person on whose behalf the complaint is made.
Has given consent to a third party acting on their behalf:
In the case of a third party pursuing a complaint on behalf of the person affected, the following information needs to be collected:
Name and address of the person making the complaintName and either date of birth or address of the affected personContact details of the affected person so that they can be contacted for confirmation that they consent to the third party acting on their behalf.Has delegated authority to act on their behalf, such as in the form of a registered Power of Attorney which must cover health affairs.Is an MP acting on behalf of and by instruction from a constituent.
Violet Flag
All healthcare services for prisoners are funded by NHS England. Complaints should be made to NHS England about any problems experienced with the prison’s healthcare service.
NHS England’s Ask, Listen, Do project (2018) aims to make it easier for people with a learning disability, autism or both (and their families and carers) to give feedback, raise a concern or make a complaint about healthcare, social care or education.
Children and young people have the right to make a complaint about something that goes wrong or if they not happy about the way they have been treated. However, a child or young person may be worried about making a complaint because they may not want their parents to know about the issue or they might be worried that they will not be taken seriously. Complaints must be kept confidential except in very exceptional cases where the child or young person is deemed at risk of harm. The child or young person does not have to put their complaint in writing; they should be given the option, if they prefer, to talk it through with someone. If a child or young person does not want to make a complaint themselves, they can ask someone else to make a complaint for them. Parents, a friend or an advice worker can make the complaint if permission has been given.
Giving Feedback
NHS Friends and Family Test, launched in 2013, was designed to help those who provide services to have a better understanding of whether their patients are happy with the service provided, or if there are improvements required. The initiative is a quick and anonymous approach to giving views after receiving care or treatment across the NHS. The feedback, good or bad, can help to improve the quality of care.
Organisations who offer services can devise additional ways of receiving feedback, and these should be clearly displayed for patients and visitors to see. If a person is unhappy with an NHS service, they should be encouraged to discuss any concerns early on with the service provider, with the intention of addressing any issues quickly. A number of problems can be dealt with using this approach; in some cases, however, the person may feel more at ease speaking to someone who is not directly involved in the case.
Complaints can range in severity from unhappiness about food to concerns arising as a result of an allegation of professional misconduct or inappropriate or incorrect surgical intervention. Those who make a complaint about the care or treatment received have a right to expect a prompt, open, useful and honest response. This includes an explanation of what has occurred and an apology. The nursing associate must never prejudice the care or treatment provided for a patient because a complaint has been made.
The Local Authority Social Services and NHS Complaints (England) Regulations 2009 require each NHS body to make arrangements for the handling and consideration of complaints. These arrangements that have to be accessible, ensure that complaints are dealt with speedily and efficiently and that patients are treated courteously and sensitively as far as possible and are involved in decisions about how their complaints are handled and considered. There must be a copy of the arrangements available in writing, and when requested, a copy must be given, free of charge, to any person who requests one.
Figure 9.1 The NHS feedback and complaints procedure.
Figure 9.1 provides an overview of the NHS feedback and complaints procedure.
