Practice Policies & Patient Information
Complaints Procedure
CATSHILL VILLAGE SURGERY
COMPLAINTS PROCEDURE
Introduction
The purpose of the policy is to ensure that all patients (or their representatives) who have the cause to complain about their care or treatment can have freely available access to the process and can expect a truthful, full and complete response and an apology where appropriate. Complainants have the right not to be discriminated against as the result of making a complaint and to have the outcome fully explained to them. The process adopted in the practice is fully compliant with the relevant NHS Regulations (2009) and guidance available from defence organisations, doctors` representative bodies and the Care Quality Commission. Everyone in the practice is expected to be aware of the process and to remember that everything they do and say may present a poor impression of the practice and may prompt a complaint or even legal action.
The general principle of the practice in respect of all complaints will be to regard it first and foremost as a learning process, however in appropriate cases and after full and proper investigation the issue may form the basis of a separate disciplinary action. In the case of any complaint with implications for professional negligence or legal action, the appropriate defence organisation must be informed immediately.
Procedure
Availability of information
The practice will ensure that there are notices advising on the complaints process conspicuously displayed in all reception/waiting areas and that leaflets containing sufficient details for anyone to make a complaint are available without the need to ask. The practice website and any other public material (Practice Leaflet etc.) will similarly provide this information and also signpost the complainant to the help available through the NHS Complaints Advisory Service.
Who can a complaint be made to?
To either the practice or NHS England
In the event of anyone not wishing to complain to the practice they should be directed to make their complaint to NHSE at:
By telephone: 03003 11 22 33
By email: england.contactus@nhs.net
By post: NHS England, PO Box 16738, Redditch, B97 9PT
In those cases where the complaint is made to NHS England, the practice will comply with all appropriate requests for information and co-operate fully in assisting them to investigate and respond to the complaint.
If dissatisfied with outcome of investigation into a complaint patient can escalate to the Ombudsman
Parliamentary and Health Service Ombudsman,
Millbank Tower,
Millbank,
London,
SW1P 4QP
or visit the ‘Making a complaint page’ at http://www.ombudsman.org.uk/make-a-complaint
PHSO Customer Helpline on 0345 015 4033
Who can make a complaint?
A complaint can be made by or, with consent, on behalf of a patient (i.e. as a representative); a former patient, who is receiving or has received treatment at the Practice; or someone who may be affected by any decision, act or omission of the practice.
A Representative may also be
- by either parent or, in the absence of both parents, the guardian or other adult who has care of the child; by a person duly authorised by a local authority to whose care the child has been committed under the provisions of the Children Act 1989; or by a person duly authorised by a voluntary organisation by which the child is being accommodated
- someone acting on behalf of a patient/ former patient who lacks capacity under the Mental Capacity Act 2005 (i.e. who has Power of Attorney etc.) or physical capacity to make a complaint and they are acting in the interests of their welfare
- someone acting for the relatives of a deceased patient/former patient
In all cases where a representative makes a complaint in the absence of patient consent, the practice will consider whether they are acting in the best interests of the patient and, in the case of a child, whether there are reasonable grounds for the child not making the complaint on their own behalf. In the event a complaint from a representative is not accepted, the grounds upon which this decision was based must be advised to them in writing.
Who is responsible at the practice for dealing with complaints?
The complaints manager for Catshill Village Surgery is the Practice Manager. She is charged with ensuring complaints are handled in accordance with the regulations, that lessons learned are fully implemented, and that no Complainant is discriminated against for making a complaint.
In the first instance a concern is raised with the above named respective staff, who will liaise with the Complainant and try to resolve the issue. If this is not possible, a Complaints pack will be given to the patient and, if applicable, a letter of acknowledgement will be sent. The Practice Manager will be informed at this point. She will investigate and discuss the matter with Andrea and any other individual/s involved. A letter will then be sent to the patient with the outcome of the above.
Time limits for making complaints
The period for making a complaint is normally:
(a) 12 months from the date on which the event which is the subject of the complaint occurred; or
(b) 12 months from the date on which the event which is the subject of the complaint comes to the complainant’s notice.
The practice has discretion to extend these limits if there is good reason to do so and it is still possible to carry out a proper investigation. The collection or recollection of evidence, clinical guidelines or other resources relating to the time when the complaint event arose may also be difficult to establish or obtain. These factors may be considered as suitable reasons for declining a time limit extension, however that decision should be able to stand up to scrutiny.
Action upon receipt of a complaint
- A) Verbal Complaints: It is always better to try and deal with the complaint at the earliest opportunity and often it can be concluded at that point. A simple explanation and apology by staff at the time may be all that is required
A verbal complaint need not be responded to in writing for the purposes of the Regulations if it is dealt with to the satisfaction of the complainant by the end of the next working day, neither does it need to be included in the annual Complaints Return. The practice will however record them for the purposes of monitoring trends or for Clinical Governance and that record will be kept and monitored by The Practice Manager. Verbal complaints not formally recorded will be discussed when trends or issues need to be addressed and at least annually, with minutes of those discussions kept.
If resolution is not possible, the Complaints Manager will set down the details of the verbal complaint in writing and provide a copy to the complainant within three working days. This ensures that each side is well aware of the issues for resolution. The process followed will be the same as for written complaints.
- B) Written Complaints: On receipt, an acknowledgement will be sent within three working days which offers the opportunity for a discussion (face-to-face or by telephone) on the matter. This is the opportunity to gain an indication of the outcome the complainant expects and also for the details of the complaint to be clarified. In the event that this is not practical or appropriate, the initial response should give some indication of the anticipated timescale for investigations to be concluded and an indication of when the outcome can be expected.
It may be that other bodies (e.g. secondary care/ Community Services) will need to be contacted to provide evidence. If that is the case, then a patient consent form will need to be obtained at the start of the process and a pro-forma consent form included with the initial acknowledgement for return.
If it is not possible to conclude any investigations within the advised timescale, then the complainant must be updated with progress and revised time scales on a regular basis. In most cases these should be completed within six months unless all parties agree to an extension.
The Investigation
The practice will ensure that the complaint is investigated in a manner that is appropriate to resolve it speedily and effectively and proportionate to the degree of seriousness that is involved.
The investigations will be recorded in a complaints file created specifically for each incident and where appropriate should include evidence collected as individual explanations or accounts taken in writing.
Final Response
This will be provided to the complainant in writing (or email by mutual consent) and the letter will be signed by the Responsible Person or Complaints manager under delegated authority. The letter will be on headed notepaper and include:
- An apology if appropriate (The Compensation Act 2006, Section 2 expressly allows an apology to be made without any admission of negligence or breach of a statutory duty)
- A clear statement of the issues, details of the investigations and the findings, and clear evidence-based reasons for decisions if appropriate
- Where errors have occurred, explain these fully and state what has been or will be done to put this right or prevent repetition. Clinical matters must be explained in accessible language
- A clear statement that the response is the final one and the practice is satisfied it has done all it can to resolve the matter at local level
- A statement of the right, if they are not satisfied with the response, to refer the complaint to the Parliamentary and Health Service Ombudsman, Millbank Tower, Millbank, London, SW1P 4QP or visit the ‘Making a complaint page’ at http://www.ombudsman.org.uk/make-a-complaint (to complain online or download a paper form). Alternatively the complainant may call the PHSO Customer Helpline on 0345 015 4033 from 8:30am to 5:30pm, Monday to Friday or send a text to their ‘call back’ service: 07624 813 005
The final letter should not include:
- Any discussion or offer of compensation without the express involvement and agreement of the relevant defence organisation(s)
- Detailed or complex discussions of medical issues with the patient’s representative unless the patient has given informed consent for this to be done where appropriate.
Annual Review of Complaints
The practice will produce an annual complaints report to be sent to the local Commissioning Body (NHSE) and will form part of the Freedom of Information Act Publication Scheme.
The report will include:
- Statistics on the number of complaints received
- The number considered to have been upheld
- Known referrals to the Ombudsman
- A summary of the issues giving rise to the complaints
- Learning points that came out of the complaints and the changes to procedure, policies or care which have resulted
Care must be taken to ensure that the report does not inadvertently disclose confidential data or lead to the identity of any person becoming known.
Confidentiality All complaints must be treated in the strictest confidence and the practice must ensure that the patient etc. is made aware of any confidential information to be disclosed to a third party (e.g. NHSE).
The practice must keep a record of all complaints and copies of all correspondence relating to complaints, but such records must be kept separate from patients’ medical records and no reference which might disclose the fact a complaint has been made should be included on the computerised clinical record system.
Unreasonable or Vexatious Complaints
Where a complainant becomes unreasonable or excessively rude or aggressive in their promotion of the complaint, some or all of the following formal provisions will apply and must be communicated to the patient by the Responsible Person in writing:
- The complaint will be managed by one named individual at senior level who will be the only contact for the patient
- Contact will be limited to one method only (e.g. in writing)
- Place a time limit on each contact
- The number of contacts in a time period will be restricted
- A witness will be present for all contacts
- Repeated complaints about the same issue will be refused unless additional material is being brought forward
- Only acknowledge correspondence regarding a closed matter, not respond to it
- Set behaviour standards
- Return irrelevant documentation
- Detailed records will be kept of each encounter
Complaints involving Locums
It is important that all complaints made to the practice regarding or involving a locum (Doctor, Nurse or any other temporary staff) are dealt with by the practice and not passed off to a Locum Agency or the individual locum to investigate and respond. The responsibility for handling and investigating all complaints rests with the Practice.
Locum staff should however be involved at an early stage and be advised of the complaint in order that they can provide any explanations, preferably in writing. It would not be usually appropriate for any opinions to be expressed by the Practice on Locum staff. Providing their factual account along with any factual account from the practice is the best way to proceed.
The practice will ensure that on engaging any Locum, the Locum Agreement will include an assurance that they will participate in any complaint investigation where they are involved or can provide any material evidence. The practice will ensure that there is no discrepancy in the way it investigates or handles complaints between any Locum staff and either practice Partners, salaried staff, students or trainees or any other employees.
“Informal complaints”
The collection of data about informal complaints – often referred to as “grumbles” – is a good tool for identifying trends for low-level dissatisfaction with services or the way they are offered to patients.
Staff are encouraged to raise these issues at practice meetings and in addition a book will be kept in Reception for everyone to note when a negative comment or feedback is made to them by a patient.
The book will be checked periodically (at least monthly) by the Complaints Manager to identify trends for discussion and possible amendment of procedures or targeted training needs.
References
Local Authority Social Services & National Health Service Complaints (England) Regulations 2009 – S.I. 209, No.309
NHS Complaints Procedure (England only): Guidance for Primary Care, BMA August 2015
Medico-legal guide to the NHS Complaints Procedure, M.D.U. 2012
NHS Complaints in England – Regulations & Principals, M.P.S 2013
NHS England Complaints policy;
http://www.england.nhs.uk/wp-content/uploads/2015/01/nhse-complaints-policy.pdf
Complaints Handling Flowchart
Confidentiality
We ask you for personal information so that you can receive appropriate care and treatment. This information is recorded on computer and we are registered under the Data Protection Act. The practice will ensure that patient confidentiality is maintained at all times by all members of the practice team. However, for the effective functioning of a multi-disciplinary team it is sometimes necessary that medical information about you is shared between members of the team.
Freedom Of Information
The Freedom of Information Act 2000 obliges the practice to produce a Publication Scheme. A Publication Scheme is a guide to the ‘classes’ of information the practice intends to routinely make available. This scheme is available from reception.
Herefordshire and Worcestershire (H&W) ICS
Name of Provider Organisations/Local Authorities/ Integrated Care Boards | |||
NHS Herefordshire and Worcestershire Integrated Care Board | Herefordshire Council | ||
Worcestershire Acute Hospitals NHS Trust | St Richard’s Hospice Foundation, Worcester | ||
Wye Valley Acute Hospitals NHS Trust | Primrose Hospice, Bromsgrove | ||
West Midlands Ambulance Service NHS Trust | St Michael’s Hospice Hereford | ||
Herefordshire and Worcestershire Health and Care NHS Trust | Wyre Forest, KEMP Hospice | ||
Worcestershire County Council | |||
Herefordshire and Worcestershire GP Surgeries | |||
ALTON STREET SURGERY | ALBANY HOUSE SURGERY | KIDDERMINSTER MEDICAL CENTRE | |
BELMONT MEDICAL CENTRE | AYLMER LODGE COOKLEY PARTNERSHIP | KNIGHTWICK SURGERY | |
CANTILUPE SURGERY | BARBOURNE HEALTH CENTRE | MALVERN HEALTH CENTRE | |
HAMPTON DENE (BRANCH) | BARN CLOSE SURGERY | MAPLE VIEW MEDICAL PRACTICE – PLANNING MERGER 1.4.21 | |
COLWALL SURGERY | BARNT GREEN SURGERY | MERSTOW GREEN MEDICAL PRACTICE | |
CRADLEY SURGERY | BEWDLEY MEDICAL PRACTICE | NEW COURT SURGERY | |
FOWNHOPE MEDICAL CENTRE | BREDON HILL SURGERY | NEW ROAD SURGERY, BROMSGROVE | |
EWYAS HAROLD | CATSHILL SURGERY | NEW ROAD SURGERY, RUBERY | |
PETERCHURCH (BRANCH) | CHADDESLEY CORBETT SURGERY | NORTHUMBERLAND HOUSE SURGERY | |
STATION MEDICAL CENTRE | CHURCH STREET SURGERY | OMBERSLEY MEDICAL CENTRE | |
QUAY HOUSE MEDICAL CENTRE | CHURCHFIELDS SURGERY | PERSHORE MEDICAL PRACTICE | |
CREDENHILL | CORBETT MEDICAL PRACTICE, THE | RIDGEWAY SURGERY | |
SOUTH WYE MEDICAL CENTRE | CORNHILL SURGERY | RIVERSIDE SURGERY | |
BOBBLESTOCK SURGERY | CRABBS CROSS MEDICAL CENTRE | SALTERS MEDICAL PRACTICE | |
THE KINGSTONE SURGERY | CRABBS CROSS SURGERY | SEVERN VALLEY MEDICAL PRACTICE | |
KINGTON MEDICAL PRACTICE | DAVENAL HOUSE SURGERY | SPA MEDICAL PRACTICE | |
ST KATHERINE’S SURGERY NOW LEDBURY HEALTH PARTNERSHIP MERGED 1.8.20 | DEMONTFORT MEDICAL CENTRE | SPRING GARDENS MEDICAL PRACTICE | |
LEDBURY HEALTH PARTNERSHIP -PUGH’S BUILDING | ELBURY MOOR MEDICAL CENTRE | ST JOHNS HOUSE MEDICAL CENTRE | |
MUCH BIRCH SURGERY | ELGAR HOUSE SURGERY | ST JOHN’S SURGERY | |
NUNWELL SURGERY | FARRIER HOUSE SURGERY | ST MARTINS GATE SURGERY | |
PENDEEN SURGERY | GLEBELANDS SURGERY | ST SAVIOURS SURGERY | |
THE MARCHES SUGERY | GREAT WITLEY SURGERY | ST STEPHEN’S SURGERY – PLANNING MERGER 1.4.21 | |
THE BODENHAM SURGERY | GREY GABLE SURGERY | STANMORE HOUSE SURGERY | |
KINGSLAND SURGERY | HAGLEY SURGERY | TENBURY SURGERY | |
MORTIMER MEDICAL CENTRE – LEINTWARDINE SURGERY | HARESFIELD SURGERY | THE BRIDGE SURGERY | |
ORLETON SURGERY (BRANCH) | HILLVIEW MEDICAL CENTRE | THE DOW SURGERY | |
WARGRAVE HOUSE SURGERY | HOLLYOAKS MEDICAL CENTRE | THORNELOE LODGE SURGERY | |
WEOBLEY SURGERY | HOLLYWOOD MEDICAL PRACTICE | UPTON SURGERY | |
STAUNTON-ON-WYE SURGERY (BRANCH) | WINYATES SURGERY | WESTFIELD SURGERY | |
WESTFIELD WALK SURGERY | WOLVERLEY SURGERY | WHITEACRES MEDICAL CENTRE | |
ABBEY MEDICAL PRACTICE | STOUPORT HEALTH CENTRE – NOW MERGED WITH YORK HOUSE. 1.11.20 NEW NAME STOUPORT MEDICAL CENTRE |
TAURUS HEALTHCARE LTD – HEREFORDSHIRE | |
ABBOTTSWOOD MEDICAL CENTRE | YORK HOUSE MEDICAL CENTRE – NOW MERGED WITH STOUPORT HC. NEW NAME STOUPORT MEDICAL CENTRE |
PRACTICE PLUS GROUP | |
GDPR Privacy Notice
Please find attached our most recent, GDPR compliant, privacy notice. Should you wish for more information please ask at Reception.
You can download a copy here: Catshill Village Surgery Privacy Notice.
Or download the Catshill Village Surgery Privacy Notice for children.
Practice Charter
Our Responsibilities
- To greet you courteously and maintain absolute confidentiality
- To see you at the appointment times as far as possible
- To give the treatment and advice we believe is best, giving priority to urgent medical conditions
- To arrange via reception staff for you to be able to speak to a doctor for telephone advice
- To arrange a home visit for those to ill to attend surgery
- To give you access to your medical records subject to any limitations in the law
- To have repeat prescriptions available at the surgery within 48 hours if you give the required notice
- To welcome and consider any suggestions you make to improve the service
- To offer you a health check with the nurse/doctor when you join the practice
Your Responsibilities
- Please give us the same courtesy you would expect from us
- Please give adequate notice if you cannot keep an appointment
- Please remember an appointment is for one person only
- Most delays are due to medical emergencies – please be patient
- Only request a home visit if it is medically justifiable and not for social convenience
- Requests for a repeat prescription should be made at least 48 hours before it is required in writing, either online or by using the computer printout request slip
- Please think carefully before using the out-of-hours service which is for medical emergencies only
Shared Care Record
The new shared care record system combines all your health information from the different organisations involved in your health and care, such as GP practices, hospitals, ambulance and social care services.
This enables health professionals to easily view your records and see details of the care and treatment you’ve received, so you receive better safer care.
If you don’t want your records to be available to view through the Shared Care Record, you can let us know through our website at the address below.
For more information visit: herefordshireandworcestershireccg.nhs.uk/health-services/shared-care-record
If you need help, please get in touch via: collaborative.care.record@nhs.net
Phone: 0345 6461 163
Zero Tolerance
The practice supports the NHS policy of zero tolerance with regard to violence or abuse to the doctors, staff or others on the practice premises or other locations where treatment may take place. Persons abusing this policy may be reported to the police and removed from the practice list.