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

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Investigations, which have ceased, shall resume:a) In relation to any matter which have not been dealt with by the proceedings ina court of lawb) Should the complainant give sufficient assurance that he no longer intends topursue or is no longer pursuing a remedy by way of proceedings in a court oflaw.c) in relation to any matter which has not been dealt with by the disciplinaryproceedings.The Business Support Manager (Complaints) will notify the complainant, and anyperson subject to a complaint, of any decision not to investigate. The notificationwill be in writing and will state the reason(s) for the decision. A further letter will bewritten should the investigation resume.4.7.7 Investigation which could lead to Disciplinary ActionWhere it is likely that a complaint, if found to be justified, may lead to disciplinaryaction being taken against a member of staff, the Business Support Manager(Complaints) must ensure that the Medical Director, Associate Medical Director,appropriate Head of Service or Matron is notified of the complaint. The member ofstaff may be asked to take part in the investigation but, if not, he/she should bekept informed of the progress being made with the investigation. Any member ofstaff involved in a complaint will be informed of any allegation at the outset and willbe advised of their right to seek the help and advice of a professional associationor trade union before commenting on the complaint.In cases of this nature the Complaints Co-ordinator remains responsible forinvestigating the complaint, but the decision on whether disciplinary action is calledfor is a decision for the line manager or the professional head of service inaccordance with the normal disciplinary procedure. This must be kept separatefrom the Trust's complaints procedure so that the latter is only concerned withresolving complaints and not investigating disciplinary matters.4.7.8 Coroner’s CasesThe Trust’s policy (25B) ‘Coroner involvement after death/requests forstatements/attendances at Inquests should be followed.4.7.9 Support for staffStaff who may be the subject of a complaint can be anxious about the process andtheir position. It is important that they are kept informed about progress with theinvestigation by the Complaints Co-ordinator and that they are offered theopportunity to discuss the matter with a professional colleague. Wherever16
possible, they should have the opportunity to comment on the accuracy of the draftresponse to the complainant and they should be shown a copy of the finalresponse to make them aware of its content.To support healthcare staff involved in complaints, the Trust –• Actively promotes an open and fair culture that fosters peer support anddiscourages the attribution of blame.• Will provide for formal and informal debriefing of the clinical team involved in acomplaint, where appropriate.• Through Matrons/Heads of Service, provides immediate and longer term,follow-up opportunities for healthcare staff to discuss their involvement and/orthe circumstances leading up to the complaint and what they are going to sayto patients/relatives, if required• Provides advice and training on the management of complaints• Encourages staff to access the NPSA e-learning toolkit on ‘Being Open’, whichis accessible through the Trust’s intranet.• Provides support for staff experiencing difficulties through the OccupationalHealth or Chaplaincy Department• Provides legal support via the Business Support Manager (Complaints) ifallegations of negligence are made• Provides support when writing statements and appearing as witnesses.4.7.10 Holding LettersIn exceptional circumstances, where it has not been possible to provide aresponse within 25 working days, the Complaints Co-ordinators will contact allthose involved. Either an interim response will be sent by the Business SupportManager (Complaints) or a ‘hold letter’ will be sent to the complainant explainingthe reason for the delay and confirming a response will be sent as soon asreasonably practicable. Further holding letters should be sent every four weeks toa maximum of three months. Complainants may be contacted to request anextension to the 25-day response time and may agree to an extension.4.8 Final Responses4.8.1 ProcedureAll written complaints (and any verbal complaints which are felt to be sufficientlyserious) will receive a response in writing from the Chief Executive (or in his17
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