Complaints Policy

Raising a Complaint - Our Policy at Whitley Road Medical Centre:

Complaints manager:-

At Whitley Road Medical Centre, the complaints manager is the Practice Manager. They are responsible for managing all complaints procedures and must be readily identifiable to service users.  The responsible person and complaints manager can be the same person

Complainant options:-

The complainant, or their representative, can complain about any aspect of care or treatment they received at this practice to:

  1. This practice via the complaints manager
  2. NHS England: Telephone 03003 112233, email england.contactus@nhs.net or in writing: NHS England, PO Box 16738, Redditch, B97 9PT. In British Sign Language (BSL) patients can talk to NHS England via a video call to a BSL interpreter
    1. Timescale

The time constraint on bringing a complaint is 12 months from the occurrence giving rise to the complaint, or 12 months from the time that they become aware of the matter about which they wish to complain.

If, however, there are good reasons for complaints not being made within the timescale detailed above, consideration may be afforded to investigating the complaint if it is still feasible to investigate the complaint effectively and fairly. Should any doubt arise, further guidance should be sought from NHS England by the complaints manager.

Response times:-

The complainant has a right to be regularly updated regarding the progress of their complaint. The complaints manager at Whitley Road Medical Centre will provide an initial response to acknowledge any complaint within two working days after the complaint is received.

There is a 28 day turnaround, which the complainant must receive their response to allow a full investigation including that of third parties to occur. However, regular updates from the practice to the complainant must occur throughout the investigation. In addition to regular updates, a response or decision should be made within six months, if it extends beyond this time then you must advise the complainant .

The complaints manager will advise of the complaints procedure to the complainant or their representative. In many cases a prompt response and, if upheld, an explanation and an apology will suffice and will prevent the complaint from escalating (an apology does not constitute an admission of organisational weakness).

 

Route of a complaint:-

Patients will opt to complain either verbally or in writing. No matter what the cause of the complaint, all staff are to offer empathy when entering into discussions with the complainant. In accordance with Regulation 16[2], all staff at Whitley Road Medical Centre will fully understand the complaints process.

The complainant should be provided with a copy of the Practice Leaflet detailing the complaints process at Annex F and they should be advised that the process is a TWO STAGE process as detailed below:

Stage 1

The complainant may make a complaint to either the practice or to NHS England.

Stage 2

If not content with either response following a full investigation the complainant may then escalate this to the Parliamentary Health Service Ombudsman (PHSO).

Important:  Complaints do not get escalated to NHS E following the practice response. A complaint made to either/or the practice or NHS E will escalate to PHSO.

    1. Verbal and written complaints

Patients will opt to complain either verbally or in writing. No matter what the cause of the complaint, all staff are to offer empathy when entering into discussions with the complainant. In accordance with Regulation 16[3], all staff at Whitley Road Medical Centre will fully understand the complaints process.

If a patient wishes to complain verbally, an appointment is to be made for them to meet the complaints manager who is Mrs L. Ebere, Practice Manager.  An acknowledgement of the verbal complaint by the complaints manager, or nominated deputy in their absence, will suffice as an acknowledgement. The complaints manager does not need to respond in writing, but must record the verbal complaint in the complaints log; this will enable any trends to be identified and improvements to services made if applicable. The complaints manager should record notes of the discussion (for reference only) which may be used when discussing complaints at practice meetings.

Discussing the nature of the complaint with the complainant in person or via telephone may enable a local resolution, which is the quickest method of resolving a complaint and will negate the requirement for the complaint to proceed through the formal complaint process.  

 

 

If a patient opts to complain in writing (letter or email), the complaints manager is to acknowledge receipt of the complaint within three working days. This acknowledgement will offer the complainant the opportunity to have a discussion about their complaint, while explaining the process and enabling the complaints manager to determine if local resolution is achievable. Where possible, patients and/or their representatives should be encouraged to use the complaint form at Annex A of this policy.

If local resolution is not an option, the complaints manager will then discuss with the complainant a complaints plan and an agreed time frame for an investigation. Complainants should be advised that this timescale is merely indicative and there may be, on occasion, the need to liaise with other service providers, i.e. secondary care, which could delay the process. However, reassurance will be provided that the complainant will be provided with regular updates by the complaints manager regarding their complaint. 

    1.   Investigating complaints

Whitley Road Medical Centre will ensure that complaints are investigated effectively and in accordance with extant legislation and guidance. This practice will follow eight standards[4] when addressing complaints:

  1. The complainant has a single point of contact in the organisation and is placed at the centre of the process. The nature of their complaint and the outcome they are seeking is established at the outset.
  2. The complaint undergoes initial assessment and any necessary immediate action is taken. A lead investigator is identified.
  3. Investigations are thorough, where appropriate obtain independent evidence and opinion, and are carried out in accordance with local procedures, national guidance and within legal frameworks.
  4. The investigator reviews, organises and evaluates the investigative findings.
  5. The judgement reached by the decision maker is transparent, reasonable and based on the evidence available.
  6. The complaint documentation is accurate and complete. The investigation is formally recorded, the level of detail appropriate to the nature and seriousness of the complaint.
  7. Both the complainant and those complained about are responded to adequately.
  8. The investigation of the complaint is complete, impartial and fair.
    1.   Final formal response to a complaint


Upon completion of the investigation, a formal written response will be sent to the complainant and will include the following information:

  • An explanation of how the complaint was considered
  • An apology if appropriate
  • An explanation based on facts
  • Whether the complaint in full or in part is upheld
  • The conclusions reached in relation to the complaint, including any remedial action that the organisation considers to be appropriate
  • Confirmation that the organisation is satisfied that any action has been or will be actioned
  • Where possible, we will respond to people about any lessons learnt
  • Information and contact details of the Parliamentary and Health Service Ombudsman as the next stage of the NHS complaints process

The complaints manageror the responsible officer will clearly stipulate that this response is the final response to be issued by Whitley Road Medical Centre, and if the complainant is not satisfied then they should contact the ombudsman.

    1.   Confidentiality in relation to complaints

 

Any complaint is investigated with the utmost confidence and all associated documentation will be held separately from the complainant’s medical records. Complaint confidentiality will be maintained, ensuring only managers and staff who are involved in the investigation know the particulars of the complaint.

    1.   Persistent and unreasonable complaints

 

The management of persistent and unreasonable complaints at Whitley Road Medical Centre is achieved by following the guidance detailed at Appendix 2 of the NHS England Complaints Policy.

    1.   Complaints involving locum staff

 

Whitley Road Medical Centre will ensure that all locum staff, be it GPs, nurses or administrative staff, are aware of the complaints process and that they will be expected to partake in any subsequent investigation, even if they have left the practice (keeping in mind the 12-month time frame to complain). Locum staff must receive assurance that they will be treated equally and that there is no discrepancy between locum staff, salaried staff or partners. 

    1.   Summary

 

The care and treatment delivered by Whitley Road Medical Centre is done so with due diligence and in accordance with current guidelines.  However, it is acknowledged that sometimes things can go wrong.  By having an effective complaints process in place, this practice is able to investigate and resolve complaints in a timely manner, achieving the desired outcome for service users, whilst also identifying lessons learnt and ultimately improving service delivery.

 

[1] A Guide to Effective Complaints Resolution England

[2] Heath & Social Care Act 2008 Regulation 16

[3] Heath & Social Care Act 2008 Regulation 16

[4] The Patients Association Good Practice Standards