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

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The Complaints Co-ordinator will determine how the complaint is to be investigatedand by whom, usually the Medical Service Head/Clinician, Matron or seniormanager for the area concerned. It is desirable that the complaint is dealt with asclose to the point of delivery as possible to ensure a prompt reply and thatappropriate remedial action is taken.Where a complaint in any way concerns the professional care or treatment of apatient or a matter of clinical judgement, the appropriate consultant or professionalhead of service will be provided with a copy of the complaint and given theopportunity to comment. When the matter has been investigated and a replyprepared, it will normally be checked by that person for factual accuracy prior tothe draft reply being submitted to the Chief Executive.If a complaint involves a locum member of staff who is no longer working for theTrust, a report will be gained from the staff member, via the agency from whichthey have been employed. If this is not possible, an investigation will beundertaken obtaining as many details as possible and an explanation provided tothe complainant.Where a complaint involves the professional conduct or competence of medical,nursing or other professional staff, the appropriate director, Medical Service Head,professional head of service, senior manager or matron will be immediately notifiedby the Business Support Manager (Complaints) or Complaints Co-ordinator. Theiradvice will be sought before the reply is sent and they will agree the content of theresponse. The Business Support Manager (Complaints) or Complaints Coordinatormust also immediately notify the Trust’s Medical Director of anycomplaint involving professional medical conduct or competence.Complaints Co-ordinators should ensure staff are aware of their specialresponsibilities towards patients who would have difficulty in making a complainton their own behalf. They will also instruct staff to take any necessary action toprotect the patient's interests.4.7.4 MeetingsThe Complaints Co-ordinator will, in consultation with other senior staff involved,decide whether it is appropriate to offer the complainant a mediation meeting.Where a meeting with the complainant is arranged by the Complaints Co-ordinator,the professionals involved will be consulted to determine how the meeting will bestructured. The Complaints Co-ordinator will conduct the meeting and will ensurethat notes are taken or will record the meeting (with the permission of thecomplainant). Two members of Trust staff should normally attend any meeting andthe complainant will be offered the opportunity to have someone else present atthe meeting to assist them. The meeting will be formally recorded and confirmed tothe complainant.14
4.7.5 Draft responsesWherever practical, replies to all complaints (eg. written and oral) will be agreedwith those involved before the reply is sent. If the response cannot be agreed withthose involved, the Business Support Manager (Complaints) will be informed inorder to agree the wording of the response. Where it is clear that there has been amistake or failure in procedures, this will be clearly stated and an appropriateapology given, except where this could constitute an admission of legal liability. Inthis case, the matter will be referred for legal advice. The Business SupportManager (Complaints) will contact the Trust’s solicitors and then respond to theComplaints Co-ordinator with the recommended course of action. The ComplaintsCo-ordinator will forward the draft response to the Business Support Manager(Complaints) who will organise signature by the Chief Executive.4.7.6 Issues excluded from the Trust’s Complaints Procedurea) a complaint made by an NHS body, which relates to the exercise of itsfunctions by another NHS body.b) a complaint made by a primary care provider which relates either to theexercise of its functions by an NHS body or to the contract arrangementsunder which it provides primary care servicesc) a complaint made by an employee of an NHS body about any matter relatingto his/her contract of employmentd) a complaint made by an independent provider or an NHS foundation Trustabout any matter relating to arrangements made by an NHS body with thatindependent provider or NHS foundation Truste) a complaint, which relates to the provision of primary medical services inaccordance with arrangements made by a Primary Care Trust with a StrategicHealth Authority under section 28C of the 1977 Act or under a transitionalagreement.f) a complaint, which is being or has been investigated by the Health ServiceCommissioner.g) a complaint arising out of an NHS body’s alleged failure to comply with a datasubject request under the Data Protection Act 1998 or a request forinformation under the Freedom of Information Act 2000h) a complaint about which the complainant has stated either verbally, in writingor by email that he intends to take legal proceedingsi) a complaint about which an NHS body is taking or is proposing to takedisciplinary proceedings in relation to the substance of the complaint against aperson who is the subject of the complaint15
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