NHS complaints procedure - Independent review and the Health Service Ombudsman

The Healthcare Commission (HCC)

Most complaints are resolved at practice level. However, in some cases the complainant may not be satisfied and may ask the HCC to investigate their complaint.  You must tell them that they need to do this within six months of the practice’s final response.

The HCC may decide one of the following:

• The complaint has been properly investigated by the practice and that there is nothing further to be done.
• There are still some issues that could be addressed by the practice and the practice may be asked to look at the complaint again, possibly with the help of a conciliator.
• To refer to other bodies, such as the GMC or the Ombudsman.
• To investigate the complaint further.

If the complainant or practitioner does not agree with the decision of the Healthcare Commission, he or she may approach the Health Service Ombudsman.

Investigations by the HCC

If the HCC decides to investigate the complaint, the investigator will contact all parties and any witnesses. The Healthcare Commission will also contact the PCT. Following this, a report of the investigation will then be produced. Further information can be found on www.healthcarecommission.org.uk.

If the HCC decides to investigate, practices should take advice from MPS.  You are under no obligation to share with the HCC any correspondence between yourself and MPS, as this is privileged information.

The Health Service Ombudsman

If complainants are still dissatisfied, they can write to the Ombudsman and ask for a further investigation. Unhappiness about the outcome of the complaints process is not sufficient cause for the Ombudsman to investigate; complainants will need to provide reasons why they are still dissatisfied and consider whether or not they have suffered hardship or injustice. Practitioners may also complain to the Ombudsman about the HCC, if they feel that they have been treated unfairly.

Where the Ombudsman investigates a complaint, this will be reported in regular reports to Parliament. The complaints are anonymised in the report to Parliament. The Parliamentary Select Committee can ask doctors or their practise staff to attend a public hearing and question him or her about their conduct, although this is rare.