South Oxford Health Centre Practice Policy: Complaints Procedure Signed off: Dr Nick Wooding (Registered Manager) Table of Contents Double-Click here to update the Table of Contents prior to printing Table of Contents ............................................................................................................................. 1 Introduction ...................................................................................................................................... 1 Policy Objectives ............................................................................................................................. 2 Main Provisions of the Regulations ................................................................................................. 2 Procedure ......................................................................................................................................... 3 Unreasonable Complaints ............................................................................................................ 3 Reporting .......................................................................................................................................... 4 Confidentiality ................................................................................................................................. 4 If you are Dissatisfied with the Outcome of a complaint ................................................................ 4 Resources ......................................................................................................................................... 4 External Resources ....................................................................................................................... 4 NHS England ............................................................................................................................... 5 Complaints Information leaflet/form ............................................................................................... 5 HOW TO COMPLAIN ............................................................................................................ 5 COMPLAINING ON BEHALF OF SOMEONE ELSE ......................................................... 5 WHAT WE WILL DO ............................................................................................................. 5 TAKING IT FURTHER .......................................................................................................... 6 COMPLAINT FORM .............................................................................................................. 7 PATIENT THIRD-PARTY CONSENT .................................................................................. 8 The Complaints Manager at South Oxford Health Centre is Liga Rugena. It is the duty of the Complaints Manager to manage the complaints handling procedure in compliance with the regulations. The Responsible Person at South Oxford Health Centre is Dr Nick Wooding. It is the duty of the Responsible Person to ensure that all aspects of regulations and constitutional rights have been complied with in respect of all complaints received by the Practice. Introduction The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 oblige NHS organizations to have arrangements in place to deal with complaints. The Health Act 2009 places a duty on NHS Organizations (including contractors) to ‘have regard to the NHS Constitution’. The NHS Constitution sets out the following rights for patients: • To have the right to have any complaint about NHS services dealt with efficiently and to have it properly investigated • To have the right to know the outcome of any investigation of a complaint Last Edited: 5/2/2016 8:31 PM (Review due within 3 years) Page 1 of 8 South Oxford Health Centre Practice Policy: Complaints Procedure • To have the right to take the complaint to the Independent Health Service Ombudsman if not satisfied with the way the complaint has been handled by the NHS organization There are two stages of complaints handling: • Local resolution at Practice or NHS England/CCG level • Referral to the Ombudsman Policy Objectives South Oxford Health Centre will: • • • • Ensure patients are aware of the right to complain Ensure patients know how to complain and who to complain to Ensure patients understand how their complaint will be handled and the time frame Ensure there is a robust system to respond, record and review complaints Main Provisions of the Regulations • • • • Patients wishing to complain may do so orally, in writing or electronically to either the practice or the CCG as commissioner. Complaints can be made within 12 months of an incident occurring or them becoming aware of the problem. The time limit can sometimes be extended (so long as it's still possible to investigate the complaint). An extension might be possible, for instance in situations where it would have been difficult for the patient to complain earlier, for example, if grieving or undergoing trauma. Oral complaints that are satisfactorily resolved no later than the next working day are not subject to the regulations. Complaints can be made by patients or anyone affected by the actions, omissions or decisions of the Practice, whether on their own behalf or by a representative. In the case of a representative, the Practice must be satisfied that he/she is acting in the best interests of the person on whose behalf the complaint is being raised. If the practice decides this is not the case, the complainant will be notified in writing and an explanation given. (a) where the patient is a child: • • • by either parent, or in the absence of both parents, the guardian or other adult who has care of the child; by a person duly authorized by a local authority to whose care the child has been committed under the provisions of the Children Act 1989; by a person duly authorized by a voluntary organization by which the child is being accommodated (b) where the patient is incapable of making a complaint, by a relative or other adult who has an interest in his/her welfare. • Complainants can complain directly to the CCG or NHS England rather than to the Practice. The CCG or NHS England is obliged to notify the Practice. Last Edited: 5/2/2016 8:31 PM (Review due within 3 years) Page 2 of 8 South Oxford Health Centre Practice Policy: Complaints Procedure • All NHS organizations (including voluntary and independent sector organizations under contract) are all governed by the same legislation therefore coordinated complaint handling should be easier. If a complaint is received that involves other organizations, the Practice should, with the patient’s consent, copy the complaint and the acknowledgement letter to the organizations concerned. Procedure • • • • • • Patients will be encouraged to give feedback to the practice. The process for doing so will be advertised in the Practice Leaflet and also on signage in the waiting room. An information leaflet is also available for patients to take away which gives details of how and to whom the complaint can be made. The complaint shall be acknowledged within 3 working days of receipt and may be made orally or in writing. When acknowledging the complaint, we will offer to discuss the complaint, with the complainant, at a time to suit them. We will advise the manner in which the complaint will be investigated and the likely timescale for this investigation and when the complainant is likely to receive a response. If the complainant does not accept the offer of a discussion then we will determine the response time and notify the complainant in writing. The investigation of the complaint will be made in the most appropriate manner and shall be conducted efficiently, at all times keeping the patient up to date with progress. As soon as possible after completion of the investigation, the complainant will be sent a written response. The response will include an explanation of how the complaint has been considered, conclusions reached and how they may affect the complainant. It will confirm any actions that need to be taken as a consequence of the complaint. If local resolution has not been reached, it will identify the right to take the complaint to the Health Service Ombudsman. Unreasonable Complaints Where a complainant becomes aggressive or, despite effective complaint handling, unreasonable in their promotion of the complaint, some or all of the following formal provisions will apply and will be communicated to the patient: • • • • • • • • • The complaint will be managed by one named individual at senior level who will be the only contact for the patient Contact will be limited to one method only (e.g. in writing) Place a time limit on each contact The number of contacts in a time period will be restricted A witness will be present for all contacts Repeated complaints about the same issue will be refused Set behavior standards Return irrelevant documentation Keep detailed records Last Edited: 5/2/2016 8:31 PM (Review due within 3 years) Page 3 of 8 South Oxford Health Centre Practice Policy: Complaints Procedure Reporting South Oxford Health Centre will undertake an annual review of complaints. Confidentiality All complaints must be treated in the strictest confidence. 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. If you are Dissatisfied with the Outcome of a complaint You may also approach PALS for help or advice. The Patient Advice and Liaison Service (PALS) is based at Oxfordshire PCT and provides confidential advice and support, helping you to sort out any concerns you may have about the care we provide, guiding you through the different services available from the NHS. Their address is: Jubilee House 5510 John Smith Drive Oxford Business Park South Cowley Oxford OX4 2LH Telephone 01865 336800 You also have the right to approach the Ombudsman The Ombudsman is completely independent of the NHS and Government. The contact details are: The Parliamentary and Health Service Ombudsman Millbank Tower Millbank London SW1P 4QP Tel: 0345 0154033 Email: phso.enquiries@ombudsman.org.uk Website: www.ombudsman.org.uk Resources External Resources How to make a complaint about an NHS service; http://www.nhs.uk/chq/pages/1084.aspx?categoryid=68 Last Edited: 5/2/2016 8:31 PM (Review due within 3 years) Page 4 of 8 South Oxford Health Centre Practice Policy: Complaints Procedure NHS England How to Complain; https://www.england.nhs.uk/contact-us/complaint/ NHS England Complaints policy; http://www.england.nhs.uk/wp-content/uploads/2015/01/nhse-complaints-policy.pdf NHS England Complaints Procedures; http://www.england.nhs.uk/wp-content/uploads/2015/01/nhs-complaints-procedures.pdf Complaints Information leaflet/form If something seems to be going wrong for you, please speak with us first. We make every effort to give the best service possible to everyone who attends our Practice. However, we are aware that things can go wrong resulting in a patient feeling that they have cause for complaint. If this is so, we would wish for the matter to be settled as quickly, and as amicably, as possible. If you have a complaint or concern about the service you have received from the doctors or any of the personnel working in this practice, please let us know. We operate a practice complaint procedure as part of an NHS complaints system, which meets national criteria. HOW TO COMPLAIN We hope that we can sort most problems out easily and quickly, often at the time they arise and with the person concerned. If you wish to make a formal complaint, please do so AS SOON AS POSSIBLE - ideally within a matter of a few days. This will enable us to establish what happened more easily. If doing that is not possible your complaint should be submitted within 12 months of the incident that caused the problem; or within 12 months of discovering that you have a problem. Patients wishing to complain may do so orally, in writing or electronically to either the practice (addressing your complaint to the Practice Manager) or commissioner of the service NHS England. A complaint or concern can be received by mail, electronically or by telephone via these details: By telephone: 03003 11 22 33 By email: england.contactus@nhs.net By post: NHS England, PO Box 16738, Redditch, B97 9PT COMPLAINING ON BEHALF OF SOMEONE ELSE We keep strictly to the rules of medical confidentiality. If you are not the patient, but are complaining on their behalf, you must have their permission to do so. An authority signed by the person concerned will be needed, unless they are incapable (because of illness or infirmity) of providing this. A Third Party Consent Form is provided below. WHAT WE WILL DO Last Edited: 5/2/2016 8:31 PM (Review due within 3 years) Page 5 of 8 South Oxford Health Centre Practice Policy: Complaints Procedure • • • • • The complaint shall be acknowledged within 3 working days of receipt and may be made orally or in writing. When acknowledging the complaint, we will offer to discuss the complaint, with the complainant, at a time to suit them. We will advise the manner in which the complaint will be investigated and the likely timescale for this investigation and when the complainant is likely to receive a response. If the complainant does not accept the offer of a discussion then we will determine the response time and notify the complainant in writing. The investigation of the complaint will be made in the most appropriate manner and shall be conducted efficiently, at all times keeping the patient up to date with progress. As soon as possible after completion of the investigation, the complainant will be sent a written response. The response will include an explanation of how the complaint has been considered, conclusions reached and how they may affect the complainant. It will confirm any actions that need to be taken as a consequence of the complaint. If local resolution has not been reached, it will identify the right to take the complaint to the Health Service Ombudsman. TAKING IT FURTHER You may also approach PALS for help or advice. The Patient Advice and Liaison Service (PALS) is based at Oxfordshire PCT and provides confidential advice and support, helping you to sort out any concerns you may have about the care we provide, guiding you through the different services available from the NHS. Their address is: Jubilee House 5510 John Smith Drive Oxford Business Park South Cowley Oxford OX4 2LH Telephone 01865 336800 You also have the right to approach the Ombudsman The Ombudsman is completely independent of the NHS and Government. The contact details are: The Parliamentary and Health Service Ombudsman Millbank Tower Millbank London SW1P 4QP Tel: 0345 0154033 Email: phso.enquiries@ombudsman.org.uk Website: www.ombudsman.org.uk How to make a complaint about an NHS service; http://www.nhs.uk/chq/pages/1084.aspx?categoryid=68 NHS England Last Edited: 5/2/2016 8:31 PM (Review due within 3 years) Page 6 of 8 South Oxford Health Centre Practice Policy: Complaints Procedure How to Complain; https://www.england.nhs.uk/contact-us/complaint/ NHS England Complaints policy; http://www.england.nhs.uk/wp-content/uploads/2015/01/nhse-complaints-policy.pdf NHS England Complaints Procedures; http://www.england.nhs.uk/wp-content/uploads/2015/01/nhs-complaints-procedures.pdf COMPLAINT FORM Patient Full Name: Date of Birth: Address: Complaint details: (Include dates, times, and names of practice personnel, if known) Last Edited: 5/2/2016 8:31 PM (Review due within 3 years) Page 7 of 8 South Oxford Health Centre Practice Policy: Complaints Procedure SIGNED………………………………….Print name…………………………(Continue overleaf if necessary) PATIENT THIRD-PARTY CONSENT PATIENT'S NAME: TELEPHONE NUMBER: ADDRESS: ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ENQUIRER / COMPLAINANT NAME: _______________________________________ TELEPHONE NUMBER: ______________________________________________ ADDRESS: ______________________________________________ ______________________________________________ IF YOU ARE COMPLAINING ON BEHALF OF A PATIENT OR YOUR COMPLAINT OR ENQUIRY INVOLVES THE MEDICAL CARE OF A PATIENT THEN THE CONSENT OF THE PATIENT WILL BE REQUIRED. PLEASE OBTAIN THE PATIENT’S SIGNED CONSENT BELOW. I fully consent to my Doctor releasing information to, and discussing my care and medical records with the person named above in relation to this complaint only, and I wish this person to complain on my behalf. This authority is for an indefinite period / for a limited period only (delete as appropriate) Where a limited period applies, this authority is valid until…………………….. (insert date) Signed: ………………………………………. (Patient only) Date: ………………………………………….. Last Edited: 5/2/2016 8:31 PM (Review due within 3 years) Page 8 of 8