Skip to main contentSkip to navigationSkip to navigation
NHS sign
Only 3% of complaints received by the NHS ombudsman are accepted for formal investigation. Photograph: David Sillitoe for the Guardian
Only 3% of complaints received by the NHS ombudsman are accepted for formal investigation. Photograph: David Sillitoe for the Guardian

NHS patients' complaints procedure must be reviewed 'immediately'

This article is more than 12 years old
With over 1m complaints a year about the NHS, a cross-party report has recommended stronger safeguards for patients

The government should immediately review the way NHS trusts handle patients' complaints, according to a report by MPs.

The current structure is not working and more needs to be done to encourage a "more open culture" when it comes to dealing with complaints and admitting mistakes, it says.

The report, from the cross-party Commons health committee, says the government has sufficient data to conduct a review and "should do so without delay".

Ministers should seriously consider whether two systems should be created, one dealing with complaints about "customer care" and a second examining more serious complaints about clinical issues.

The role of the health service ombudsman should also be expanded to allow more claims to be examined as part of an appeals process when patients are unhappy.

At present, patients complain first to the NHS trust in charge of their treatment. If they are unsatisfied with the trust's response, they can ask the ombudsman to review their case. But MPs said the ombudsman's remit is much narrower than patients think it is.

A complaint is only accepted for formal investigation or intervention if the person has suffered injustice or hardship as a result of poor service or maladministration, and only if there is the prospect of "a worthwhile outcome".

Only about 3% of the complaints received by the ombudsman are accepted for formal investigation or intervention, although many more are examined unofficially.

Today's report said: "The committee is of the view that a complainant whose complaint is rejected by the service provider should be able to seek independent review.

"The legal and operational framework of the ombudsman's office should be reviewed to make it effective for this wider purpose."

The number of complaints about the NHS is rising and now tops one million a year.

The number of patients seeking independent review from the ombudsman has also risen.

Experts believe the rise could be down to a mixture of factors including worsening NHS care, increased demand for healthcare and better awareness of the complaints process.

MPs also used today's report to calls for stronger safeguards for patients in the government's reform of the NHS.

Foundation trusts, which all hospitals will become under the plans, do not currently have a duty to supply data on the complaints they receive, but this must change.

The committee also condemned the activities of claims management companies (CMCs), which collect claims, assess their likely value and then sell them on the personal injury lawyers or legal firms.

MPs said claims are sometimes sold to the highest bidder without regard as to whether that lawyer is best placed to help the patient.

These "claims farmers" are worrying because they "encourage people to go straight to litigation rather than use the complaints resolution mechanisms" and can "unduly contribute to the rising costs of litigation to the NHS".

The report adds: "The committee therefore proposes that the government review the regulatory structure within which these businesses operate in order to ensure that patient and taxpayer interests are properly safeguarded."

MPs also scrutinised the government's plan to end legal aid for clinical negligence cases, saying the public will judge these proposals by how they alter access to justice.

Tory MP Stephen Dorrell, chair of the committee, said: "The legal and operational framework of the health service ombudsman should be widened so that she can independently review any complaint which is referred to her following rejection by a service provider.

"The ombudsman's current terms of reference prevent her from launching a formal investigation unless she is satisfied in advance that there will be a 'worthwhile outcome'.

"We have concluded that this requirement represents a significant obstacle to the successful operation of the complaints system.

"Patients should be able to seek an independent review of the findings of internal reviews by care providers; the terms of reference under which the ombudsman works prevent her from properly fulfilling this role. This needs to be changed."

Peter Walsh, chief executive of Action against Medical Accidents, said: "This report could not be more timely and underlines the need to rethink current proposed health and legal reforms.

"Like us, the committee welcomes the introduction of a 'contractual' duty of candour, as announced by the government recently, but sees that this must be augmented by making such a duty a condition for licensing by the Care Quality Commission.

"We urge the government to take this step without delay."

The report covers the complaints system in England.

Comments (…)

Sign in or create your Guardian account to join the discussion

Most viewed

Most viewed