How to make a complaint against the NHS
Our head of clinical negligence, Anna Sari, explains when you might need to make a complaint against the NHS and how you go about doing it.
What is the NHS complaints procedure?
If you are unhappy with any aspect of NHS care, treatment, or service you have received, you have a right to make a formal complaint.
Everyone who provides an NHS service in England must have their own complaints procedure which allows patients and their families to raise concerns about the treatment received.
It gives the treatment provider an opportunity to address those concerns by providing an explanation of what happened and why and if something went wrong, provide an apology. The NHS complaints procedure is also an opportunity for treatment providers to learn lessons and implement change in order to prevent the same thing happening again.
The NHS complaints procedure does not provide for compensation to be paid and is not designed for patients seeking financial compensation.
Considerations before making a complaint
Before you make a complaint, it is worth thinking about the exact nature of your concern, what you hope to achieve and what you would like the NHS organisation to do to put things right.
Clarity is important and you should include the following points within your complaint:
- What happened
- Who was involved
- When it happened
- Where it happened
- How it has affected you or someone else
- What you want to achieve from your complaint e.g., an apology or to take action to prevent the same mistake happening again
Time limit for making a complaint
Complaints should normally be made within 12 months of an incident occurring, or of it coming to your attention. The time limit may be extended provided you have good reasons for not making the complaint sooner and it is still possible to investigate the complaint effectively and fairly.
Making a complaint
You can make a complaint verbally, in writing or by email.
If you are complaining on behalf of someone else, you will need to include their written consent.
After submitting your complaint, you should expect an acknowledgement within 3 working days of your complaint being received. The acknowledgment should include an explanation on how your complaint will be investigated, timescales of how long the investigation will take and when you are likely to receive a response.
If the response is delayed for any reason, you should be kept informed.
Your complaint will be treated confidentially and will not affect your current or future care and treatment in any way.
Meetings
Sometimes, as part of the investigation, you may be invited to attend a meeting. You do not have to attend the meeting, but it may be beneficial especially if the matter relates to a complex medical issue.
Ahead of the meeting, it may be helpful to write a short list of questions you would like addressed so you do not forget to raise these during the meeting. You could also take a relative or friend for support.
After the meeting it is a good idea to request the minutes of the meeting for your records.
Response
There is no formal time limit for you to receive a response, however once your complaint has been investigated, you will receive a written response which should set out the findings and, where appropriate provide an apology and an explanation of any actions being taken as a result of your complaint.
If you are not happy with the outcome of the complaints process, you have the right to bring your complaint to the Parliamentary and Health Service Ombudsman (PHSO).
Legal action
The response to a complaint will help a solicitor assess the prospects of pursuing a legal claim for compensation. It is therefore a useful tool if you are considering making a claim.
If you require any advice or guidance in relation to making an NHS complaint with a view to pursuing a legal claim for damages, please contact our clinical negligence team on 0333 344 9613 or at [email protected].
