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

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Occasionally, a complaint will be received where the complainant has no apparentconnections with the patient concerned. In such cases, before any investigationcommences, the following points will be clarified:• Does the patient know a complaint has been made on their behalf?• Has the patient authorised the complainant to make enquiries or can anacceptable connection be established?Letters received from solicitors raising a complaint on behalf of an individualshould be dealt with in the same way as all other complaints unless it is explicitthat legal action is intended, in which case the matter will be referred to theBusiness Support Manager (Complaints).If consent is not given, the Business Support Manager (Complaints) will determinewhether the patient would like to receive a response to the complaint themselves.In either case a letter will be sent to the complainant detailing the patient’sdecision.4.4.5 Equality and DiversityEvery opportunity must be given to patients with physical or emotional needs tomake a complaint. Although it is helpful to receive complaints in writing this wouldnot preclude complaints made in Braille, video or audio cassette. Assistance willbe offered to patient’s whose first language is not English. The Business SupportManager (Complaints) will explore all avenues to enable all patients/carers haveaccess to the complaints procedure.4.4.6 Assistance with ComplaintsComplainants will be advised of ways to access assistance, i.e. ICAS-POhWER(Independent Complaints Advocacy Service). They can be contacted on 084512037484.4.7 Complaints about a continuing care decision / Stepdown decisionThe fact that a patient has had their case considered by a continuing care reviewpanel does not affect their rights under the NHS complaints procedure. They cancomplain about the original decision on discharge, or the continuing care reviewprocess, through the NHS complaints procedure.4.4.8 Mixed sector complaintsWhere a complaint involves more than one NHS provider, or one or more otherbodies (eg Social Services), there will be full co-operation in seeking to resolve thecomplaint through each body’s local complaints procedure. The individualorganizations may decide to respond separately or the receiving organisation maycollate responses and respond in one letter. The Business Support Manager8
(Complaints) will act as the liaison and conduit of any multi-organisationalcomplaints.4.4.9 Complaint involving a specific member of staffA complaint involving a specific member of staff will be referred to the appropriateMedical Service Head/Matron/Head of Department, who may decide to contact amember of the Human Resources Directorate to request support.4.4.10 Complaints concerning a possible Criminal Offence, AllegedPhysical Abuse of Patients or an Adverse Incident Involving Harm toa PatientWhere a complaint concerns either a) a possible criminal offence; b) the allegedphysical abuse of patients, c) a serious untoward incident involving harm to apatient or d) a matter which should be referred to one of the professionalregulatory bodies, the Complaints Co-ordinator must inform the appropriateMedical Service Head/Matron/Head of Department immediately. This notificationmay be made at any point during any stage of the complaints procedure. Whereappropriate, the Trust’s policies on Adverse Incidents or the management of adultabuse/child protection will be followed.For possible criminal offences only, the Business Support Manager (Complaints)will refer the matter to the Chief Executive who will decide if a possible criminaloffence has been committed and if the police should be called. This will bereported to the next Confidential Board meeting and the Trust will follow the DoHMemorandum of Understanding (2006).The Business Support Manager (Complaints) will inform the Finance Director ofany possible financial offence.4.4.11 Complaints Involving Litigation or Requiring Legal AdviceLegal advice on particular aspects of a complaint will be sought if there is thepossibility of litigation ensuing. Where a complaint is already a case of possiblelitigation and particularly where the approach is made by solicitors acting on behalfof the patient, the matter will be referred immediately to the Business SupportManager (Complaints).A letter acknowledging receipt of the complaint will be sent. Investigation of acomplaint will not be delayed as a result of legal advice being sought. TheComplaints Co-ordinator will initiate enquiries immediately but any correspondencewith the complainant will be agreed with the Business Support Manager(Complaints) who will seek legal advice if necessary.Following consultation, the Complaints Co-ordinator may wish to explore with thecomplainant the options available, which could prevent the possibility of litigationensuing (eg an apology).9
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