The purpose of the policy is to ensure that all patients (or their representatives) who have the cause to complain about their care or treatment can have freely available access to the process and can expect a truthful, full and complete response and an apology where appropriate. Complainants have the right not to be discriminated against as the result of making a complaint and to have the outcome fully explained to them. The process adopted in the practice is fully compliant with the relevant NHS Regulations (2009) and guidance available from defence organisations, doctors` representative bodies and the Care Quality Commission. Everyone in the practice is expected to be aware of the process and to remember that everything they do and say may present a poor impression of the practice and may prompt a complaint or even legal action.

 

The general principle of the practice in respect of all complaints will be to regard it first and foremost as a learning process, however in appropriate cases and after full and proper investigation the issue may form the basis of a separate disciplinary action.  In the case of any complaint with implications for professional negligence or legal action, the appropriate defence organisation must be informed immediately.

 

 

Who can a formal complaint be made to?

A formal complaint can be made to the practice, the Commissioner of the practice (the ICB) or to NHS England

 

In the event of anyone not wishing to complain to the practice they should be directed to make their complaint to NHSE:   

By telephone: 03003 11 22 33

By email: england.contactus@nhs.net

By post: NHS England, PO Box 16738, Redditch, B97 9PT

 

Or Herts and West Essex Integrated Care Board’s Patient Experience Team:

            By telephone: 01992 566122

            By email hweicbwe.pateintfeedback@nhs.net

 

In those cases where the complaint is made to NHS England, the practice will comply with all appropriate requests for information and co-operate fully in assisting them to investigate and respond to the complaint.

 

 

Who can make a complaint?

 

A complaint can be made by or, with consent, on behalf of a patient (i.e. as a representative); a former patient, who is receiving or has received treatment at the Practice; or someone who may be affected by any decision, act or omission of the practice.

A Representative may also be

• either parent or, in the absence of both parents, the guardian or other adult who has care of the child; by a person duly authorised by a local authority to whose care the child has been committed under the provisions of the Children Act 1989; or by a person duly authorised by a voluntary organisation by which the child is being accommodated
• someone acting on behalf of a patient/ former patient who lacks capacity under the Mental Capacity Act 2005 (i.e. who has Power of Attorney etc.) or physical capacity to make a complaint and they are acting in the interests of their welfare
• someone acting for the relatives of a deceased patient/former patient

In all cases where a representative makes a complaint in the absence of patient consent, the practice will consider whether they are acting in the best interests of the patient and, in the case of a child, whether there are reasonable grounds for the child not making the complaint on their own behalf.  In the event a complaint from a representative is not accepted, the grounds upon which this decision was based must be advised to them in writing.

 

 

Who is responsible at the practice for dealing with complaints?

The practice "Responsible Person" is Dr Tara Belcher. They are charged with ensuring complaints are handled in accordance with the regulations, that lessons learned are fully implemented, and that no Complainant is discriminated against for making a complaint.  This person should be a practice Partner (BMA Guidance and Primary Care contracts)

 

The practice "Complaints Manager" is the Practice Manager, Lindsey Wright and they have been delegated responsibility for managing complaints and ensuring adequate investigations are carried out.

 

 

Time limits for making complaints

The period for making a complaint is normally:
(a) 12 months from the date on which the event which is the subject of the complaint occurred; or

(b) 12 months from the date on which the event which is the subject of the complaint comes to the complainant's notice.

 

The practice has discretion to extend these limits if there is good reason to do so and it is still possible to carry out a proper investigation.  The collection or recollection of evidence, clinical guidelines or other resources relating to the time when the complaint event arose may also be difficult to establish or obtain. These factors may be considered as suitable reasons for declining a time limit extension, however that decision should be able to stand up to scrutiny.

 

 

Action upon receipt of a complaint

1. A) Verbal Complaints: A verbal complaint need not be responded to in writing for the purposes of the Regulations if it is dealt with to the satisfaction of the complainant by the end of the next working day.

 

If resolution is not possible, the Complaints Manager will set down the details of the verbal complaint in writing and provide a copy to the complainant within three working days. This ensures that each side is well aware of the issues for resolution. The process followed will be the same as for written complaints.

 

1. B) Written Complaints: On receipt, an acknowledgement will be sent within three working days. In the event of a third party complaint, consent much be sought from the patient and a form for this should be sent with the acknowledgement letter.

 

It may be that other bodies (e.g. secondary care/ Community Services) will need to be contacted to provide evidence. If that is the case, then a patient consent form will need to be obtained at the start of the process and a pro-forma consent form included with the initial acknowledgement for return.

 

If it is not possible to conclude any investigations within the advised timescale, then the complainant must be updated with progress and revised time scales on a regular basis. In most cases these should be completed within six months unless all parties agree to an extension.

 

 

The Investigation

The practice will ensure that the complaint is investigated in a manner that is appropriate to resolve it speedily and effectively and proportionate to the degree of seriousness that is involved. It is our policy, that any clinician involved in a complaint should take an active role in responding to that complaint. We believe all complaints should be viewed first and foremost as a learning event and asking our clinicians to reflect on these events is part of that. GP Partners will usually respond to any complaints that they are involved in themselves.

 

 

Final Response

This will be provided to the complainant in writing (or email by mutual consent) and the letter will be signed by either the Practice Manager, the Responsible Person or the clinician named in the complaint.

 

 

Confidentiality
All complaints must be treated in the strictest confidence and the practice must ensure that the patient etc. is made aware of any confidential information to be disclosed to a third party (e.g. NHSE).

The practice must keep a record of all complaints and copies of all correspondence relating to complaints, but such records must be kept separate from patients' medical records and no reference which might disclose the fact a complaint has been made should be included on the computerised clinical record system.

 

 

Unreasonable or Vexatious Complaints

Where a complainant becomes unreasonable or excessively rude or aggressive in their promotion of the complaint, the practice will put additional measure in place which will be communicated in writing to the complainant.