MJP Solicitors

NHS Complaints Procedure Stage 2: The Independent Review by the Health Service Ombudsman

If you have attempted Local Resolution and are not happy with the result, or the organisation you have complained about has not completed its investigation within six months, you have the right to ask for an Independent Review of your complaint. In England, from March 31st 2009 the complaints system was streamlined from a three stage to a two stage process. The Parliamentary and Health Service Ombudsman took responsibility for the Independent review stage of the NHS Complaints Procedure. As well as complaints about healthcare, the Parliamentary and Health Service Ombudsman and the Local Government Ombudsman works together on complaints that cross the boundaries of both health care and social care. You should make a request for an Independent Review within 12 months of the incident in question occurring or when you first became aware that something had gone wrong. You should try to abide by this time limit but if it is not possible it is always a good idea to ask the Ombudsman to consider your request, particularly if you have a good reason for the delay such as trying to obtain other advice. The Ombudsman has also made it clear that one of the remedies that should be considered where appropriate is financial compensation. If the amount of financial compensation sought is very large or if responsibility for a failing is denied, however, it may be necessary to take legal action.

Your statement should include:

• A summary of the events in question.
• Details of the main issues of concern.
• Details of what action has been taken so far.
• Details of the aspects that you remain unhappy with.
• Why you feel that further action under the Local Resolution stage of the complaints procedure is not appropriate.
• Why you think an Independent Review would be helpful.

What can the Ombudsman do?

If your complaint is found to be justified the Ombudsman will seek an apology or other remedy for you. This may include calling for changes to prevent such an incident happening again or reviewing procedures.The Ombudsman has also made it clear that one of the remedies that should be considered where appropriate is financial compensation. If the amount of financial compensation sought is very large or if responsibility for a failing is denied, however, it may be necessary to take legal action.

What will happen after I have sent my complaint to the Ombudsman?

Once your case has been received by the Ombudsman they will let you know within 5 days who your contact person is who you can call upon for information about how your complaint is progressing..

How long will it take to resolve my complaint?

Many of the cases being considered by the Ombudsman will be dealt with in a matter of months and it has been advised that around 80% will be dealt with within 40 working days. However some cases may take longer depending upon the circumstances and complexity of the complaint.

How will my complaint be dealt with?

Each case will be looked at individually. The Ombudsman will examine the issues that have been raised and how the complaint has been handled at local level. Where appropriate the Ombudsman will take clinical advice and then make a decision.

What happens if I am unhappy with the Ombudsman’s response to my complaint?

If you are unhappy about the decision made by the Ombudsman you can ask for a review by a special team who consider complaints about the Ombudsman.

How can I get independent help and advice with the independent review stage?

Your local provider of Independent Complaints Advocacy Services (ICAS) should be able to advise you and may be able to help draft correspondence or accompany you to meetings. To find your local ICAS provider either see our website www.avma.org.uk or telephone NHS Direct on 0845 4647. AvMA’s own caseworkers can advise you on clinical or medico legal aspects of your case. Helpline Number: 0845 123 23 52 (Mon- Fri 10am-5pm). The telephone contact details for the Parliamentary and Health Service Ombudsman are: Helpline: 0345 015 4033 You can also write to them at: The Parliamentary and Health Service Ombudsman Millbank Tower Millbank London SW1P 4QP