What's current
The complaints manager will retain the discretion to investigate complaints brought later if there are good reasons for the delay
The biggest change ushered in by the current system is the shift from a process-driven to an outcomes-driven procedure. The aim is to provide accessible, flexible and responsive patient-centred complaints handling, integrally linked to continuous service improvements and patient safety.
Apart from a few minor alterations to the legal framework in which the complaints procedure will sit (see page 7), the main statutory changes are:
- The introduction of new, unified, Regulations that apply to primary and secondary care in the NHS as well as voluntary and independent sector organisations contracted to the NHS and to adult social care.
This should make it much easier to provide a “one-stop-shop” for cross-boundary complaints by co-ordinating complaint handling. Provisions regarding joint working across boundaries have been strengthened, and providers now have a duty to co-operate in the handling of complaints.
- The time constraint on bringing a complaint has been lengthened. Complainants will now have 12 months from the occurrence giving rise to the complaint or from the time that they become aware of the matter. The complaints manager will retain the discretion to investigate complaints brought later than this if there are good reasons for the delay and it is still possible to carry out an investigation.
- The possible involvement of the PCT in a practice complaint.
- The need to negotiate a complaints plan with the complainant including agreement on timescales for investigation.