Hospital Treatment Complaints: Your Rights And The Process

how to complain about nhs hospital treatment

If you're unhappy with your NHS hospital treatment, you have the right to make a complaint. You can complain about any aspect of NHS care, treatment or service, and this is written into the NHS Constitution. You can complain to the NHS service provider directly (such as a hospital) or to the commissioner of the services, but not both. Most complaints should be resolved within five working days, and you should be informed of the outcome. If you're unsure about how to complain, your local Healthwatch can help, and you can also contact the Patient Advice and Liaison Service (PALS) for free, confidential and independent advice.

Characteristics Values
Who can complain? Anyone who has received treatment or service from the NHS
What can you complain about? Any aspect of NHS care, treatment or service, including delays or failures to provide treatment, NHS facilities, etc.
Where to complain? Directly to the NHS service provider (e.g. GP, dentist, hospital) or to the commissioner of the services (the body that pays for the services)
How to complain? Verbally, in writing, by email, in person, by phone, or using an online complaints form
When to complain? Within 12 months of the incident or of it coming to your attention
What to include in the complaint? Name, valid email or home address for reply, phone number, name and location of the service provider, clear description of the complaint and when it happened
Support services Patient Advice and Liaison Service (PALS), Patient Advice and Support Service (PASS), NHS Complaints Advocacy Service, Local Healthwatch, Local advocacy provider

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Who to complain to

You can complain about any aspect of NHS service, including hospitals, GP practices, dentists, ambulances, or other NHS services. You can either complain to the NHS service provider directly (such as a GP, dentist, or hospital) or to the commissioner of the services, the body that pays for the NHS services you use. You cannot complain to both.

If you wish to share your views and experiences, it is recommended to first speak to a member of staff. If you are unhappy with an NHS service, it is worthwhile discussing your concerns early on with the provider of the service, as they may be able to resolve the issue quickly. Most problems can be dealt with at this stage. However, if you feel more comfortable speaking to someone not directly involved in your care, you can contact your local Patient Advice and Liaison Service (PALS), a free, confidential, and independent service found in most hospitals. PALS can help resolve issues informally without the need for a formal complaint and can be particularly helpful if you need immediate action.

If you have already left the hospital or practice you want to complain about, you can call or write to ask to speak to a senior member of staff or GP practice manager. You can also contact the feedback and complaints team at your local NHS board, whose contact details can be found on the NHS Inform website. If your complaint is about NHS 24, the Golden Jubilee National Hospital, the Scottish Ambulance Service, or the State Hospital, you can find specific details on who to complain to on the NHS Inform complaints page.

If your complaint is about the use of the Mental Health Act on someone detained in hospital or placed on a guardianship or community treatment order, you should complain to the Care Quality Commission (CQC). Complaints should typically be made within 12 months of the incident or of it coming to your attention, with the possibility of extension if valid reasons are provided.

If your complaint cannot be resolved at the local level, you can contact NHS England. You can provide feedback or make a complaint by email to [email protected], stating 'For the attention of the complaints team' in the subject line. You can also contact NHS England by phone or post during their opening hours, which are 9 am to 5 pm, Monday to Friday, except for Wednesdays when they open at 9:30 am. They are closed on bank holidays.

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How to complain

You have the right to make a complaint about any aspect of NHS care, treatment, or service. This includes hospitals, GP practices, dentists, ambulances, and other NHS services.

If you are unhappy with an NHS service, it is recommended to first discuss your concerns with a member of staff, as they may be able to resolve the issue quickly. Many service providers have feedback forms available on their premises or websites. You can also give feedback without making a formal complaint through the Friends and Family Test (FFT), which is available for hospitals, GP practices, and mental health services.

If you wish to make a formal complaint, you can do so in writing, by phone, by email, in person, or using an online complaints form. You can complain to the person or organisation providing the service, such as the GP, dentist, hospital, or pharmacist, or to the commissioner of that service. Contact your local integrated care board (ICB) for complaints about primary care services (such as GPs, dentists, opticians, or pharmacists) and secondary care, such as hospital care, mental health services, and community services. Every ICB will have its own complaints procedure, which is often displayed on its website.

When making a formal complaint, provide as much information as possible, including your name, contact information, and a clear description of what you are complaining about and when it happened. You should receive a response within a few days of making your complaint, and the NHS body should explain the outcome and any actions taken. If you are not satisfied with the response, you can ask the Parliamentary and Health Service Ombudsman (PHSO) to investigate further, but this should be done within one year of the incident.

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What to include in your complaint

When making a complaint about NHS hospital treatment, it is important to include as much detail as possible. Here are some key things to include:

Your personal information

Provide your full name and a valid email or home address for replies. Include a phone number in case the NHS needs to contact you for additional information. Anonymous complaints are accepted, but they may not be fully investigated.

Details of the service

Share the name, location, and postal address of the service you want to complain about. If your complaint is about healthcare in prison, include the name of the prison.

Description of the complaint

Provide a clear and concise description of your complaint, including what happened, when it happened, and who was involved. Be prepared to explain what you would like the NHS organisation to do to address your concerns and put things right, such as an apology or specific actions to prevent the issue from recurring.

Timing

It is best to make your complaint as soon as possible while the events are still fresh in your mind. Most complaints should be resolved within five to ten working days of receiving them. Complaints about an incident should typically be made within 12 months, but this time limit can be extended if there are valid reasons for the delay.

Consent

If you are complaining on behalf of someone else, include their written consent with your letter or email. This will speed up the process and ensure that your complaint can be processed efficiently.

Remember, you have the right to make a complaint about any aspect of NHS care, treatment, or service, and your feedback is valuable for improving services. You can make your complaint in person, by phone, letter, or email, and it should be acknowledged within a few days.

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Time limits

When making a complaint about NHS hospital treatment, it's important to be mindful of certain time limits. While you have the right to make a complaint about any aspect of NHS care, treatment, or service, it's recommended that you do so as soon as possible while events are still fresh in your mind. Most complaints should ideally be made within 12 months of the incident or when it came to your attention. This time limit can, however, be extended if there are valid reasons for not making the complaint sooner, and if it's still possible to conduct a fair investigation. This decision will be made by the complaints manager in consultation with you.

If you're making a complaint about NHS services in England, NHS England will acknowledge your complaint within three working days of receiving it. They will then investigate the matter and provide you with a written response. If your complaint involves both healthcare and social care components, such as treatment in a care home, your complaint might be transferred to the social care complaints procedure, which is similar to the NHS complaints process. In most cases, you should receive a resolution within five working days, although this can extend to ten working days. The NHS body should explain the outcome and reasons for the resolution, which can be done in person or over the phone.

If your complaint is about a Scottish NHS service, you should write to the complaints team at the NHS board responsible for the service you're complaining about. They will typically respond to your complaint within three days. If you're not satisfied with the outcome at this initial stage, your complaint should be escalated to the next level.

Additionally, if you're making a complaint through the Parliamentary and Health Service Ombudsman (PHSO), you should approach them within one year of the incident. The PHSO will further investigate your complaint if they agree that it hasn't been adequately addressed by the NHS organisation.

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What happens after you complain

Once you have made a complaint about NHS hospital treatment, the NHS body should keep you updated throughout the process. You should receive an acknowledgement of your complaint within three working days, and most complaints should be resolved within five working days of the date the complaint is received. This can sometimes take up to ten working days.

If you are complaining about a service that has both a healthcare and a social care component, your complaint might be transferred to the social care complaints procedure. This is very similar to the NHS complaints procedure, and your rights are the same. In some cases, it might be appropriate to resolve your complaint through mediation, but both parties must agree to this.

If your complaint is not resolved or you are unhappy with the outcome at this stage, your complaint should be escalated. You should be informed of the outcome of your complaint and the reasons for the resolution. You should also be told what actions will be taken as a result of the investigation.

If you are still not satisfied with the outcome, you can ask the Parliamentary and Health Service Ombudsman (PHSO) to look into your complaint. The PHSO will investigate further if they agree that your complaint has not been dealt with properly. You should approach them within one year of the incident taking place.

Frequently asked questions

You can make a complaint about an NHS hospital in several ways:

- Speaking directly to a member of staff at the hospital

- Contacting the Patient Advice and Liaison Service (PALS), a free and confidential service found in most hospitals

- Contacting the feedback and complaints team at your local NHS board

- Contacting the commissioner of the service, or the body that pays for the NHS services you use

- Contacting your local integrated care board (ICB) for complaints about hospital care

Your complaint should include:

- Your name and a valid email or home address for reply

- A phone number in case they need to contact you for additional information

- The name, location, and postal address of the service you want to complain about

- A clear description of what you want to complain about and when it happened

- What you would like the organisation to do to put things right

Once your complaint has been made, it should be acknowledged within three working days. The NHS body should then explain the outcome of the complaint to you and the reasons for resolving it in that way. If you are unhappy with the outcome, your complaint should be moved on to stage 2. If you are still unhappy with the outcome, you can ask the Parliamentary and Health Service Ombudsman (PHSO) to look into it.

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