16 March 2010
This information applies to Northern Ireland
You have the right to make a complaint about any aspect of HPSS treatment using the complaints procedure. To use the procedure, you must usually be a patient or a former patient of the practitioner or institution concerned. However, it is possible to complain on behalf of someone else. If you want to complain on behalf of another person, the hospital or practice 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 complaints procedure. If you want financial compensation, you will need to take separate legal action.
If you want to make a complaint about any aspect of HPSS treatment you have received or been refused, go to the practice, hospital or trust concerned. Ask for a copy of the complaints procedure. This is the same for GPs, opticians, dentists, hospitals, and any other care given by the HPSS.
In all cases, the first stage of the procedure is to make a complaint to the practitioner concerned. This first stage is called Local Resolution. A large health centre may have a person who deals with complaints – called a complaints manager. A smaller practice will probably not have complaints manager, but all HPSS practices have a procedure, and someone who has responsibility for it. In most cases, the matter will be resolved at this stage.
If your complaint is about primary care services, the complaints manager can arrange for an independent conciliator or mediator to be brought in to help resolve the complaint. A conciliator or mediator might also be available to help resolve complaints about other types of HPSS services.
If your complaint is not resolved through Local Resolution, you should refer it on for an independent review. Independent reviews are carried out by health boards.
At an independent review, the person carrying out the review may:
If the person carrying out the review decides to take no further action, you will be advised of your right to refer the matter to the Ombudsman.
If you are unhappy with the decision of the person carrying out the independent review or the outcome of a review panel, you do not have a right of appeal. However you can refer the matter to the Ombudsman or seek a judicial review.
For more information about using the Ombudsman, see 7.5.1.0. How to use an ombudsman in Northern Ireland.
It may be possible to challenge the final decision on your complaint by taking court action called 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.
Health and social services councils in Northern Ireland are independent organisations which can help you make a complaint about your HPSS practitioner.
You can also get help to make a complaint about your HPSS 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.
If you are considering taking legal action about your HPSS complaint, you will need to consult a solicitor.
These actions are usually costly and complex. All family practitioners are insured and legal action will usually be defended by an insurance company. Where the legal action is about the actions of an HPSS employee of a trust or Primary Care Trust, the HPSS institution will be responsible for deciding whether to defend the action.
If you have been injured because of negligence by the HPSS and you want to consider taking legal action, see 4.5.4.0. Personal injuries.
If you think that a HPSS practitioner 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 HPSS 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/patientshelp.
To find out which professional body is responsible for regulating other HPSS 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 12 languages and a large print version of the English version is also available.
Organisations and people providing HPSS treatment are not allowed to discriminate against you because of your race, sex, disability, religion or belief, or sexuality. Also, your local NHS Trust might have an equality policy which says it will not discriminate against you for other reasons, for example, if you have HIV or if you are a transsexual.
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 a doctor, dentist, nurse or other HPSS health care professional 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 HPSS, go to the website of the Equality and Human Rights Commission at: www.equalityhumanrights.com.
For more information about discrimination see:
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