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.
How to Make a Complaint
The Department of Health and Social Care does not manage individual complaints. Complaints are dealt with through the NHS complaints procedure. A complaint can be made:
By telephone
By email
By post
In British Sign Language (BSL)
Blue Flag
There are timescales associated with making a complaint. Complaints must be made not later than 12 months after the date on which the matter which is the subject of the complaint occurred or 12 months after the date on which the matter which is the subject of the complaint came to the notice of the complainant. It is still possible to investigate the complaint effectively and fairly, if there are good reasons for not having made the complaint within the timeframe. NHS England may decide to still consider the complaint, for example, longer periods of complaint timescales can apply to specific clinical areas.
Red Flag
The Process
All complaints will be acknowledged no later than 3 working days after the day the complaint is received. This will usually be in writing; however, it can be given verbally in some situations; this is usually the exception as opposed to the norm. An offer should be made to discuss the following with the complainant:
The handling of the complaint
Timescales for responding
Expectations and desired outcome if unclear
If the complaint was given verbally, the complainant is given a copy of their verbal statement (this is considered the formal complaint) and asked to confirm that it represents the issues that they wish to raise.
The complainant is provided with a named contact with their contact details who will be their point of contact throughout the complaints process. A case officer will gather relevant information about the case, ensuring that this is accurately recorded. The complainant can expect that:
They will be kept up to date with the progress of their complaint.
If a case has passed the 40 working day target (or the timescale agreed with the complainant if different), the complainant (and, if relevant, the advocate) should receive an update every 10 working days thereafter the target has been surpassed. This may be by telephone, email or letter;