Complaints

Getting it right: All complaints are handled as quickly and efficiently as possible; and in accordance with national frameworks.
Being customer focused: The complaints process is accessible, well publicised, open and transparent and is supportive of those who find it difficult to complain.
Being open and accountable: Staff feel empowered to deal with all feedback as it arises; doing so in an open and non-defensive way.
Acting fairly and proportionately: Treating the complainant impartially, and without unlawful discrimination or prejudice. Acting fairly towards staff complained about as well as towards complainants, ensuring decisions are balanced, appropriate and fair.
Putting things right: Providing prompt, appropriate and proportionate remedies and considering all the relevant factors when offering these remedies.
Seeking continuous improvement: Having robust systems in place to record, analyse and review lessons learnt from complaints so this can be used to improve service design.

The Trust is committed to promoting equality and diversity. No patient, or anyone involved in the investigation and resolution of a complaint or concern will receive unfair treatment as a result of doing so, or on the grounds of age, race, ethnic or national origin, religious or equivalent belief system, gender, marital or partnership status, sexual orientation, disability or any other condition or requirement which cannot be justified, and which causes disadvantage. Appropriate assistance including making reasonable adjustments will be offered to anyone who needs it.

Complainants may be existing or former patients using the Trust's services and facilities, as well as their relatives/carers. Members of hospital staff and other health professionals including the GP may also complain about aspects of a patient's care or may raise it through the Freedom to Speak Up (Whistleblowing) Policy.

A complaint may be made by the person who is affected by the action, or it may be made by a person acting on behalf of a patient in any case where that person:

is a child (an individual who has not attained the age of 18);

In the case of a child, we must be satisfied that there are reasonable grounds for the complaint being made by a representative of the child, and additionally that the representative is making the complaint in the best interests of the child.

has died;

In the case of a person who has died, the complainant must be the personal representative of the deceased. The Trust needs to be satisfied that the complainant is the personal representative. Where appropriate it may be necessary to request evidence to substantiate the complainant's claim to have a right to confidential information about the deceased patient's medical care.

has physical or mental incapacity;

In the case of a person who is unable by reason of physical capacity, or lacks mental capacity within the meaning of the Mental Capacity Act 2005, to make the complaint themselves, the Trust needs to be satisfied that the complaint is being made either at the express request of a physically disabled patient or in the best interests of the person lacking mental capacity on whose behalf the complaint is made. See related Policy - Mental Capacity Act (2005) Practice and Procedures.

has given consent to a third party acting on their behalf;

In the case of a third party pursuing a complaint on behalf of the person affected we will request the following information:

Name and address of the person making the complaint;
Name and either date of birth or address of the affected person; and
Contact details of the affected person so that we can contact them for confirmation that they consent to the third party acting on their behalf.

This will be documented in the complaint file and confirmation will be issued to both the person making the complaint and the person affected.

Has delegated authority to act on their behalf, for example in the form of a registered Power of Attorney which must cover health and welfare (as distinct from property and financial affairs).
Is an MP, acting on behalf of and by instruction from a constituent.

If the Trust is of the opinion that a representative does or did not have sufficient interest in the person's welfare, or is not acting in their best interests, we will notify that person in writing.

The complainant must be told that, in order not to be in breach of patient confidentiality, any matters relating to the patient's care and treatment can only be answered with the patient's consent. This does not mean that the matters raised cannot be investigated, but it does mean that the Trust is obliged not to divulge any confidential information about the patient's care and treatment in its response.

The PHSO investigates complaints about the National Health Service and is completely independent of the NHS and the government. The PHSO will consider cases where the complainant is not satisfied with the Trust's efforts to resolve their concerns at a local level. The complainant has to send their complaint to the PHSO no later than 12months from the date when they became aware of the events, of which are the subject of complaint. The PHSO can sometimes extend the time limit, but only if there are extenuating reasons.

The PHSO can investigate complaints about hospitals or community health services which are about:

a poor service;
failure to purchase or provide a service a complainant is entitled to receive;
mal-administration - that is administrative failures such as unavoidable delay, not following proper procedures, rudeness or discourtesy, not explaining decisions or not answering the complaint fully and promptly;
complaints about the care and treatment provided by a doctor, nurse or other health care professional;
other complaints about family doctors (GPs) or about dentists, pharmacists or opticians providing a NHS service locally.

The PHSO cannot look into:

complaints which one could take to court or an independent tribunal - unless the PHSO does not think it reasonable for the complainant to do so;
personnel issues such as appointments of staff, pay or discipline;
commercial or contractual matters, unless they relate to services for patients provided under a NHS contract;
properly made decisions an NHS authority or other body or individual providing NHS services has a right to make, even if the Complainant does not agree with the decision;
services in a non-NHS hospital or nursing home, unless they are paid for by the NHS;
complaints about government departments, such as the Department of Health;
complaints about local authority departments, such as social services.

The PHSO will decide whether or not an investigation will be carried out. If the PHSO cannot look into a complaint or decides not to, the complainant will be informed why.

If the PHSO decides to investigate, the complainant and the Trust will be sent a statement of complaint, which sets out what matters the PHSO, will look into. The complainant and relevant hospital staff may be interviewed by a PHSO investigator. At the end of the investigation, a report will be sent to the complainant and the Trust. If the complaint is found to be justified, the PHSO will seek for the complainant an apology or other remedy. Sometimes that may include getting a decision changed, or a repayment of unnecessary costs to patients or their relatives/carers. The PHSO does not recommend damages (compensation). The PHSO may also call for changes to be made so that what has gone wrong does not happen again. Where the Trust tells the PHSO that it will make such changes, the PHSO checks that it has done so.

Following receipt of the PHSO's draft report, this will be circulated to the relevant staff involved in the case for their comments. The Trust must confirm to the PHSO that the content is accurate and state whether it accepts the PHSO's decision.

Further to receipt of the final report, if recommendations are made the Trust must convene a meeting of the relevant senior staff to review the recommendations and carry out the necessary actions. Clear action planning must be carried out. It is likely that the Ombudsman will wish to review actions taken as a result of their recommendations three months later. The PALS Lead will oversee this process.

A complaint to the PHSO represents the final stage in the procedure for pursuing a complaint.

The PHSO's decision on a complaint is final.

Complaints

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Your Guide to Complaints, Concerns, Comments and Compliments

PALS- Easy Read

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Complaints

Learning and themes from complaints

Your Guide to Complaints, Concerns, Comments and Compliments

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Complaints Form

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