Not them Again: Dealing with Complaints

Question 1

what does the NHS state in regards to a complaint?

Answer 1

is an expression of dissatisfaction that requires a response

Question 2

who complains?

Answer 2

patients
colleagues
employers
health boards/trusts
GMC 
police 
courts

Question 3

what do people complain about?

Answer 3

1. Everything
2. Alleged poor treatment
3. Alleged poor performance
4. Rudeness
5. Not listening
6. Failure to comply with job plans
7. Health problems
8. Fraud
9. Criminal offences

Question 4

what can you do to protect yourself from complaints?

Answer 4

1. Join a defence organisation
2. Be aware of and follow the GMC’s adive in GMP
3. Be aware of the local complaints procedure/deal with complaints expeditiously
4. Put patients first and always try to act in their best interests
5. Do not be judgmental
6. Do not be afraid to refer or get a second opinion
7. Clinical audit
8. Peer review
9. Act responsibly
10. Do not break the law

Question 5

describe the Scottish complaints procedure

Answer 5

• Must have a written compliant complaints procedure with clear notice of the complaints
officer and the procedure. Must be available for patients – they should not need to ask
for it if they make a complaint
• The main April 1st change in Scotland is that there is now a period of 5 days when the
complaints officer can decide whether the complaint can be dealt with informally and
during that period deals with it successfully as far as the complainer is concerned – need
to tell the complainer immediately that you wish to deal with the complaint informally
and gain the complainer’s agreement – DOCUMENTATION IS VERY IMPORTANT
• If following a formal procedure MUST acknowledge within 3 working days. (Prudent to do
this even if using the Informal Procedure)
• Decide whether it requires written or verbal response, or a meeting, gather full
information
• Give a full response within 20 days unless impossible in which case must let the patient
know when they will get a response and why the delay – respond as quickly as possible is
always best. Note in the response that if they are dissatisfied they can contact the
complaints officer again or go to the Public Services Ombudsman; (giving full contact
details of the PSO)
• Ask the patient to respond if dissatisfied but try to have responded to every point they
make
• If the patient remains dissatisfied might wish to consider mediation
• Respond again and if an NHS patient advise that they can contact the NHS Ombudsman
within 28 days if still dissatisfied
• The Health Board will require details of complaints quarterly
• Must comply with the Patient Rights Act

Question 6

what rights do patients have in regards to the Scottish complaints procedure?

Answer 6

• Any complaint made about the NHS services dealt with efficiently and to have it properly
investigated
• Know the outcome of any investigation into their complaint
• Take their complaint to the independent Health Service Ombudsman if they are not satisfied
with the way their complaint has been dealt with in the NHS
• Make a claim for judicial reciew if they think they have been directly affected by an unlawful
act or deciions of an NHS body or individual
• Compensation where they hsve been harmed by negligent treatment

Question 7

what does the NHS commit to?

Answer 7

The NHS commits to ensure that patients are treated with courtesy and they receive appropriate
support throughout the handling of a complaint, and the fact that a patient complained will not
adversely affect their future treatment. When mistakes happens the NHS aims to acknowledge them,
apologise, explain and put things right quickly and effectively. The aim to ensure that the
organisation/practicioner learns lessons from complaints and claims and uses these to improve NHS
services.

Question 8

what does the public ombudsman do?

Answer 8

The key aim is to
further enhance the impact of its recommendations by more directly linking the failing identified with
the improvement the SPO wants, as well as being more explicit about the evidence the PSO will require
and by when. The PSO would also like to take the opportunity to remind authorities that once they
have accepted a recommendation, they must comply with it - and supply relevant evidence to the PSO
by the deadline it has indicated. Any concerns about the practical implication of a recommendation
should be brought to the PSO’s attention straight away.