They can expect to receive a quality response with assurance that action has been taken to prevent a recurrence.
They will be informed of any learning.
On receipt of the investigation report, a response to the complaint will be prepared, and the case officer will include information on the next stages of the complaint’s procedure should the complainant wish to take matters further.
If the complaint is about more than one NHS organisation, the person only need to send a letter to one of the organisations; they (the NHS) should contact the other organisation and work with them to deal with the complaint. Where complaints involve more than one body, discussions will take place between the bodies concerned about the most appropriate body to take the lead in coordinating the complaint and communicating with the complainant. The same procedure is used to complain about adult social services arranged, provided or commissioned by the local authority. If there is a complaint, for example, about both a hospital and adult social care services, the person need only write just the one letter explaining all the problems and whoever the letter is addressed to will contact the other organisation. If NHS England receives a complaint involving several bodies, permission is required from the complainant before sharing or forwarding a complaint to another body; consent will need to be obtained.
As soon as it is reasonably possible after completing the investigation, and within the timescale agreed with the complainant, a formal response in writing is sent to the complainant which will be signed by the National Director or Nominated regional Director for sign off. The response will include:
An explanation of how the complaint has been considered
If appropriate, an apology
An explanation based on the facts
Whether the complaint in full or in part is upheld
The conclusions reached in relation to the complaint including any remedial action that the organisation considers to be appropriate
Confirmation that the organisation is satisfied any action has been or will be actioned
Where possible, the response will include details of any lessons learnt
Information and contact details of the Parliamentary and Health Service Ombudsman as the next stage of the NHS complaints process
Parliamentary and Health Service Ombudsman
The Parliamentary and Health Service Ombudsman was set up by Parliament to provide an independent complaint handling service for complaints that have not been resolved by the NHS in England and the UK government departments. It is not part of government or the NHS in England. It is neither a regulator nor a consumer champion.
If a complaint has been made under the NHS complaints procedure and the person is not satisfied with how it was dealt with at the first stage which is known as local resolution, they have a right to request an independent review by the Parliamentary and Health Service Ombudsman. However, the Parliamentary and Health Service Ombudsman may not be able to look at the complaint if:
legal action is already being taken
the person is planning to take legal action
there is a course of legal action open to the person that is reasonable or was reasonable to be followed
A request for an independent review must be made within 12 months of the incident occurring or when the person first became aware that something had gone wrong.
Many cases that are considered by the Parliamentary and Health Service Ombudsman can take some time, depending on the circumstances and complexity of the problem. If the Parliamentary and Health Service Ombudsman upholds the complaint, it can request the organisation to say sorry and provide an explanation of what went wrong. It may also call for changes to prevent the same incident happening again or request a review of procedures. The Parliamentary and Health Service Ombudsman can also order financial compensation; this, however, is normally lower than a court could award.
Yellow Flag
Touch Point
Complaints made about services or the care provided by the NHS can be dealt with locally or, if appropriate, can go through various processes to ensure that the patient’s complaint is addressed fairly and fully. The nursing associate should always seek advice when providing the patient with details concerned with making a complaint, as it can be a long and complex process for all parties.
Conclusion
Despite attempting to maintain open, honest and effective communication, complaints can and do occur. Many complaints are associated with poor communications. Complaints can vary in severity from displeasure about the cleanliness of toilets to allegations of professional misconduct. If complaints do occur, they are dealt with (when appropriate) at a local level adhering to local policy. The NHS complaints procedure can be used to help arrive at a satisfactory explanation of the cause of the complaint. The overall aim is to address the complaint speedily and efficiently, courteously and considerately. The nursing associate should always seek advice when a complaint has been made, as it can be a complex process for all concerned.
Compliments are also received by the nursing associate from patients and families. If gifts are given, the principle is not that the nurse must never receive gifts or favours; they should never be understood as being given by the patient to the nursing associate in return for preferential treatment.
References
1 Department of Health. (2000) The NHS plan: a plan for investment, a plan for reform, London: DH.
2 Department of Health and Social Care. (2015) The NHS constitution, The NHS belongs to us all. [online] Available: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/480482/NHS_Constitution_WEB.pdf. Accessed August 2020.
3 NHS England. (2017a) Managing conflicts of interest in the NHS, Guidance for staff and organisations. [online] Available: https://www.england.nhs.uk/wp‐content/uploads/2017/02/guidance‐managing‐conflicts‐of‐interest‐nhs.pdf. Accessed August 2020.
4 NHS England. (2017b) NHS England complaints policy. [online] Available: https://www.england.nhs.uk/wp‐content/uploads/2016/07/nhse‐complaints‐policy‐june‐2017.pdf. Accessed August 2020.
5 NHS England. (2018) Ask, listen, do. [online] Available: https://www.england.nhs.uk/learning‐disabilities/about/ask‐listen‐do/. Accessed August 2020.
6 NHS Digital. (2018) Data on written complaints in the NHS ‐ 2017‐18 [PAS]. [online] Available: https://digital.nhs.uk/data‐and‐information/publications/statistical/data‐on‐written‐complaints‐in‐the‐nhs/2017‐18. Accessed