Purpose
The protocol sets out the approach of Edenbridge Medical Practice to the handling of complaints.
This protocol is relevant to all employers and anyone who works at Edenbridge Medical Practice, including non-clinical staff. Individuals training and visitors/observers on the premises must also adhere to this.
Importance of having a complaints procedure
In spite of the efforts of all staff it is likely that a complaint will be made by a patient at some point. To reduce the anxiety and apprehension for both patients and staff it is crucial to have a procedure for handling complaints.
How complaints can be made
Complaints may be received in writing or verbally. Where a patient is unable to communicate a complaint by either means on their own then arrangements will be made to facilitate the giving of the complaint.
Persons who can complain
Complaints can be made by patients, former patients, someone who is affected, or likely to be affected, by the action, omission or decision of individuals working at the practice, or by a representative of a patient who is incapable of making the complaint themselves.
When a complaint is made on behalf of a child, there must be reasonable grounds for the complaint being made by the representative rather than the child and the complaint must be being made in the best interests of the child. If this is not the case, then written notification of the decision not to investigate the complaint must be sent to the representative.
Time limit for making a complaint
Complaints can be made up to 12 months after the incident that gave rise to the complaint, or from when the complainant was made aware of it. Beyond this timescale it is at the discretion of the practice as to whether to investigate the matter.
Persons responsible for handling complaints
Responsible Person: The Responsible Person is a partner responsible for the supervision of the complaints procedure and for making sure that action is taken in light of the outcome of any investigation. Currently Dr Sophie Bagley, Partner.
The Practice Manager is responsible for the handling and investigation of complaints.
Initial handling of complaints
1) When a patient wishes to make a verbal complaint then the Practice Manager willendevour to arrange to meet the complainant in private to make an assessment of the complaint. The complainant is to be asked whether they would like to be accompanied at this meeting.
2) The complaint should be resolved at this meeting if possible. If the complaint is resolved then it should be recorded in the complaints register and the implicated staff member is to be told about the details of the complaint.
3) When the complaint cannot be resolved the patient is to be asked to make a written complaint. If necessary the Practice Manager is to write down the complaint on their behalf verbatim. The written complaint is to be recorded in the complaints file.
4) The Practice Manager is to acknowledge a written complaint in writing within 3 working days, stating the anticipated date by which the complainant can expect a full response.
Investigation of complaint
1) The Practice Manager is to discuss the complaint with the implicated member of staff to establish their recollection of events.
2) If the complaint is against the Practice Manager, then the complaint is to be referred to the Responsible Person for investigation.
3) A formal response should be made within an agreed time and a covering letter from the Practice manager should be included inviting the complainants to a meeting to discuss the complaint with the manager and/or persons about whom the complaint is made. If appropriate and with prior consent from the complainant the staff member complained about can be present at that meeting. Minutes should be taken.
4) The timescale to respond (maximum of 6 months) is to be agreed with the complainant at that meeting and documented in the complaints register.
5) The full response to the complainant is to be signed by the responsible person or alternatively, in the case of complaint against a clinician, the clinician concerned and includes:
• an explanation of how the complaint was considered;
• the conclusions reached in relation to the complaint and any remedial action that will be needed;
• Confirmation as to whether the practice is satisfied that any action has been taken or will be taken.
6) If it is not possible to send the complainant a response in the agreed period it is necessary to write to the complainant explaining why. Then a response is to be sent to the complainant as soon as is reasonably practicable.
7) If the complainant is dissatisfied with the handling of the complaint then they are to be advised to contact the Health Service Ombudsman and how to do so.
Recording complaints and investigations
A record must be kept of:
• Each complaint received;
• The subject matter of the complaint;
• The steps and decisions taken during an investigation;
• The outcome of each investigation;
• When the practice informed the complainant of the response period and any amendment to that period;
• Whether a report of the outcome of the investigation was sent to the complainant within the response period or any amended period.
• Final responses to patients should include the following paragraphs
If you would like to discuss this matter further I would be more than happy to arrange a meeting. I have enclosed a leaflet outlining the service of the Independent Complaints Advocacy Service who supports patients through complaints. If you are unhappy with the situation, then you are able to refer your complaint to NHS Kent and Medway Patient Experience Team.
Before you do that we would hope that you would come back to us to see if there is anything more that we can do to help resolve this.
If you do refer your complaint to the NHS Kent and Medway Patient Experience Team they will require a clear statement of what issues remain outstanding. Referral to the NHS Kent and Medway Patient Experience Team should be made direct to the address given below:
- Email: kmicb.patientexperience@nhs.net
- Phone: 01634 335095 Option 7
- Postal address: Patient Experience Team, 2nd Floor, Gail House, Lower Stone Street, Maidstone, Kent, ME15 6NB
The Patient Experience Team is available from 8am to 4pm, excluding weekends and Bank Holidays, and will aim to respond as soon as possible within three working days. Each complaint that is received will receive an acknowledgement within three working days.
Thank you for bringing this matter to our attention. We do take all complaints seriously and take the opportunity to review our processes, training and standards to be able to continuously improve our service to our patients.
We are sorry for any inconvenience and distress that you have experienced. If you would like to discuss this matter further please do not hesitate to contact me.
Review of complaints
Complaints received by the practice are shared with staff to ensure that learning points are shared.
A review of all complaints will be conducted annually by the Practice Manager to identify any patterns that are to be reported to the Responsible Person.
The Practice Manager will notify the Responsible Person of any concerns about a complaint leading to non-compliance. The Responsible Person will identify ways for the practice to return to compliance.
A report on complaints is to be submitted to the required governing body annually (year ending 31st March). This report is to:
• Specify the number of complaints received;
• Specify the number of complaints which it was decided were well-founded;
• Specify the number of complaints which the practice has been informed have been referred to the Health Service Ombudsman;
• Summarise the subject matter of complaints received;
• Summarise any matters of general importance arising out of those complaints, or the way in which the complaints were handled;
• Summarise any matters where action has been or is to be taken to improve services as a consequence of those complaints.
This report is to be available to any person on request.
Unreasonable complainants
When faced by an unreasonable complainant staff will take action in accordance with page 34 of the DH’s Listening, responding, improving: a guide to better customer care guidance