the dudley group of hospitals nhs trust complaints policy and ...

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Copies of the letters will be passed to the consultant and other professional staffinvolved, informing them that the case has been referred for legal advice andadvising them to contact their defence or professional organisation and, ifappropriate, the solicitor acting on behalf of the Trust.Where a complainant explicitly indicates an intention to take legal action andconfirms a solicitor has been instructed, the Business Support Manager(Complaints) will confirm that the investigation under the NHS ComplaintsProcedure will cease immediately. The Business Support Manager (Complaints)will then await confirmation from the relevant solicitors and will then register theclaim and forward details to the NHS Litigation Authority.4.4.12 Correspondence from the PressIf correspondence is received from the press, the Communications Manager will beinformed immediately.4.4.13 Freedom of Information ActThe complaints procedure cannot deal with complaints about non-disclosure underthe Freedom of information Act. These are subject to appeal to the InformationCommissioner.4.4.14 Staff GrievancesStaff grievances will not be reported through the complaints procedure but will bedealt with through the Trust’s Grievance Procedure. Further advice can beobtained from the Human Resources Directorate.4.4.15 Unreasonable Complaints (vexatious complaints)The Trust is committed to treating all complainants equitably and recognises that itis the right of every individual to pursue a complaint. The Trust thereforeendeavours to resolve all complaints to the complainant’s satisfaction. However,on occasions, staff may consider that a complaint is unreasonable in nature, eg.the complainant raises the same or similar issues repeatedly, despite havingreceived full responses to all the issues they have raised.A vexatious complaint is one that is made abusively, very unreasonably or thatinvolves the harassment of Trust staff. At the Business Support Manager’sdiscretion, a complaint may be declared vexatious, and the Trust will notinvestigate it. This will be communicated in writing to the complainant, who will beinformed that the Trust can no longer process the complaint, nor communicate withthe complainant unless the vexatious status is subsequently withdrawn.Complaints (or complainants) may be considered vexatious if they meet one ormore of the following criteria. The list is not necessarily exhaustive.10
Unreasonable, for example pursuing a complaint with the Trust that is theresponsibility of another organisation, where the NHS Complaints Procedure hasbeen fully and properly implemented, or has been exhausted.Change the substance of a complaint or continually raise new issues or seekto prolong contact by continually raising further concerns or questions uponreceipt of a response whilst the complaint is being addressed. (Care must betaken not to discard new issues that are significantly different from the originalcomplaint. These might have to be addressed separately).Are unwilling to accept documented evidence of treatment given as beingfactual, or deny receipt of an adequate response in spite of correspondencespecifically answering their questions.Do not clearly identify the precise issues they wish to be investigated, despitereasonable efforts by Trust staff to help them specify their concerns.Unreasonable complaints are often symptomatic of an illness and the complaintsprocedure may not be the most appropriate means of dealing with the issuesinvolved. There may also be occasions when staff may receive telephone callsfrom complainants where the complainant is abusive and/or uses threatening orbad language. In such cases, the recipient of the call should remain calm andinform the caller that he is not prepared to continue the call and will put the phonedown unless the caller modifies his language. The staff member should documentthe phone call.4.5 Receiving Complaints4.5.1 ProcedureAny member of staff receiving a complaint must notify the Business SupportManager (Complaints) at the earliest possible opportunity and a copy of allcorrespondence will be forwarded by fax or email. All written complaints will bestamped with the date of receipt. There will be no delays in the absence ofComplaints Department staff, who will provide cover during periods of sicknessand absence. This will be achieved through a temporary increase in hours of parttimestaff.The Business Support Manager (Complaints) will maintain a register in which eachcomplaint is recorded and given a unique number. This number will serve as afuture identifier for all future contact and correspondence. The central register willbe maintained to provide statistical returns to the Department of Health and datafor quality monitoring.11
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