This information applies to England
You have the right to make a complaint about any aspect of NHS treatment or the local authority social services. You can do this by using the NHS and local authority social services complaints procedure. To use this procedure, you must usually have received services from the organisation concerned. However, it is also possible to complain on behalf of someone else, for example, a child. If you want to complain on behalf of another person, the organisation must agree that you are a suitable representative.
You should make your complaint as soon as possible after the matter you are complaining about happened. The time limit for complaints is usually:
They can extend the time limit where it would be unreasonable to expect you to have complained in time, for example, because of grief or trauma. It must, however, still be possible to investigate the complaint.
You can't get any financial compensation through the NHS and local authority social services complaints procedure. If you want financial compensation, you will need to take separate legal action.
To complain about any aspect of NHS treatment you've received or have been refused, or services provided by the local authority social services, go to the organisation concerned. Ask for a copy of the complaints procedure. You can do this for any service provided by the NHS, for example, GPs, opticians, dentists, and hospitals, and local authority social services departments.
In all cases, the first stage of the procedure is to make a complaint to the practitioner concerned. A social services department must have a member of staff who deals with complaints. They are called the complaints manager. A large health centre may also have a complaints manager. A smaller practice will probably not have a complaints manager, but all NHS practices have a procedure, and someone who has responsibility for it. In most cases, the matter will be resolved at this stage.
The complaints manager can arrange for an independent conciliator or mediator to be brought in to help resolve the complaint.
If you are unhappy with the decision of the complaints manager at the organisation concerned, you do not have a right of appeal. However, you can refer the matter to the Parliamentary and Health Service Ombudsman if the complaint is about the NHS, or the Local Government Ombudsman if the complaint is about social services.
For more information about using the ombudsman, see How to use an ombudsman in England.
It may be possible to challenge the final decision on your complaint by taking court action called a judicial review. Judicial review is a procedure which allows a court of law to review decisions made by public bodies. You can find out more about judicial review on the Public Law Project's website at: www.publiclawproject.org.uk.
The Independent Complaints Advocacy Service (ICAS) is an independent service which can help you make a formal complaint about your NHS practitioner. You can contact your local ICAS office direct, or through:
Three organisations provide an advocacy service through ICAS. Each covers different regions of England. The providers are:
You may find it helpful to get advice from a local Patient Advice and Liaison Service (PALS). Although PALS staff will not be able to take up a formal complaint on your behalf, they can give general advice on complaints procedures. They may also be able to help you resolve a less serious complaint by informal negotiation. You can find out further information and details of your local office from PALS website at www.pals.nhs.uk. If you're still dissatisfied, you may then wish to make a formal complaint using the NHS and local authority social services complaints procedure.
You can also get help to make a complaint about your NHS practitioner from your local Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.
You may find it useful to have someone to help you put across your case, for example, if you are a mental health service user, have learning difficulties or English is not your first language. You can contact a local organisation that may be able to provide you with an advocacy service.
You can search online for advocacy groups on the Action for Advocacy website: www.actionforadvocacy.org.uk. You can also contact them on:
Action for Advocacy
PO Box 31856
Lorrimore Square
London
SE17 3XR
Tel: 020 7820 7868
Fax: 020 7820 9947
Email: info@actionforadvocacy.org.uk
Website: www.actionforadvocacy.org.uk.
If you are considering taking legal action about your complaint, you will need to consult a solicitor.
These actions are usually costly and complex. All NHS bodies and local authority social services are insured and legal action will usually be defended by an insurance company. Where the legal action is about the actions of an NHS employee of a trust or Primary Care Trust, the NHS institution will be responsible for deciding whether to defend the action. The same applies if the legal action is about the actions of an employee of the local authority, for example, a social worker. It will be for the local authority to decide whether to defend the action and who will ultimately be responsible.
If you've been injured because of negligence by the NHS and you want to consider taking legal action, see Personal injuries.
If you think that a NHS practitioner or social services employee has been guilty of professional misconduct, you may be able to write to their professional or regulatory body to make a complaint.
Examples of professional misconduct include when a practitioner:
If the practitioner is found guilty of professional misconduct, they can be prevented from practising in the future.
You may make a complaint to a professional body even if you have also made a complaint under the NHS and local authority social services complaints procedure. However, if an investigation has already started under the complaints procedure, the professional body may decide to wait for the outcome of this before deciding what action it should take.
You can make a complaint about the professional misconduct of a doctor to the General Medical Council (GMC). For more information, go to the GMC website at: www.gmc-uk.org.
To find out which professional body is responsible for regulating other NHS practitioners such as dentists, opticians and psychologists, see the leaflet Which regulator? on the GMC's website at www.gmc-uk.org.
The leaflet outlines which regulatory body is responsible for monitoring each profession and what regulation means. It also provides contact details for all of the organisations. The leaflet has been produced in twelve languages and a large print version of the English version is also available.
The NHS and local authority social services are not allowed to discriminate against you because of race, sex, disability, religion or belief, sexuality, gender reassignment or because you're married or in a civil partnership.
If you're disabled, a health service provider must make 'reasonable adjustments' to allow you to use their services. If they don't do this, they must be able to show that their failure to do so is justified, otherwise they will be discriminating against you. Examples of making reasonable adjustments include providing information on audiotape as well as in writing, or installing a ramp to allow wheelchair access.
I have hearing difficulties and it is embarrassing when I go to the dentist – I can never hear them when the receptionist calls out my name.
You could ask your dental surgery to keep a record of all their patients with hearing difficulties. Receptionists can then come over and let you know when the dentist is ready to see you, rather than calling out your name. The surgery should agree to this. If they don't agree and they don't have a very good reason, they are probably discriminating against you and you should make a complaint.
If you think that an NHS health-care professional or social services employee is discriminating against you, you can complain about this. Ask to see a copy of the equality policy of the organisation they work for and point out where they are failing to keep to it.
For more information about discrimination in the NHS and local authority social services, go to the website of the Equality and Human Rights Commission at: www.equalityhumanrights.com.
For more information about discrimination see our discrimination pages.
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