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This fact sheet will give you some basic information about how you can make a complaint about the NHS.

Please be aware that this is not legal advice and if you are concerned about any of the issues mentioned you should speak to a lawyer.

You can contact Russell Jones & Walker's solicitors at enquiries@rjw.co.uk or call our freephone number 0800 916 9065.

How do I make a complaint about the NHS?

You can make a complaint if you are unhappy with the service or treatment you receive under the NHS. You can do this if you are a patient or former patient. If you want to complain on behalf of someone else the hospital or practice you are complaining about must agree you are a suitable representative.

Every NHS trust and primary care trust (PCT) has a patient advice and liaison service (PALS) that can tell you more about the complaints procedure and may be able to help you resolve it informally.

This fact sheet sets out how you can make a complaint about any NHS organisation in England, except for NHS foundation trusts (see below).

When can I make a complaint?

You should make your complaint as soon as possible after the incident happened. The time limit is usually six months from this date, or from the date you first became aware of it. Sometimes you may be able to complain later if the delay was due to special circumstances, such as grief or trauma.

Can I get any financial compensation?

You cannot get financial compensation through the NHS complaints procedure. If you are seeking financial compensation you will have to take legal action (see below).

Who should I complain to?

In the first instance you should complain to the people involved, such as a GP, dentist, pharmacist or practice manager, and see if they can resolve the issue straight away. If not and you want to continue with your complaint, you should contact the PCT, hospital trust or other NHS organisation concerned for a copy of their complaints procedure.

You can complain verbally or in writing. All NHS organisations will have someone who is responsible for dealing with complaints. You should get a response from a primary care organisation within ten working days, or from a chief executive of an NHS organisation within 20 working days. You should be told if there is likely to be any delay. Sometimes an independent conciliator or mediator may be brought in to help resolve your complaint.

This first stage is called 'local resolution' and the aim is to deal with complaints quickly and as close to the source of the complaint as possible. This procedure also covers care abroad or in the private sector if it has been paid for by the NHS.

How do I complain about an NHS foundation trusts?

NHS foundation trusts will have their own system for handling complaints internally, so you should contact them directly for information. However, the 'independent review' and ombudsman stages described below do cover NHS foundation trusts.

What can I do if I am not happy with the outcome of my complaint?

If you are not happy with the outcome of local resolution, you can contact the Healthcare Commission to request an independent review. You can call them on 0845 601 3012, or visit their website healthcarecommission.co.uk.

You will need to fill in an independent review request form and send them all the information you have about your complaint, including any letters or emails to and from the NHS organisation you are complaining about. The Commission provides information in English and ten other languages.

What happens at an independent review?

At an independent review your complaint may be referred back to the practice, hospital or trust for further action or an independent review panel may be set up to investigate your complaint. If the person carrying out the review decides there is nothing more that can be done, they will advise you of your right to refer the matter to the independent Health Service Ombudsman.

What is the role of the health service ombudsman?

You have no right of appeal in the independent review process. However you can refer the matter to the Health Service Ombudsman if you are not happy with the outcome. The ombudsman is completely independent of the NHS and government. You can contact the ombudsman at ombudsman.org.uk or by calling 0845 015 4033.

Can I make a legal complaint if I�??m still not happy?

If you are still not happy with the final outcome of your complaint, you may be able to seek a judicial review. This is when a court of law reviews decisions made by public bodies. If you want to pursue this, you should speak to a solicitor. However, you should be aware that legal action of this sort is expensive and complicated.

If you have been injured because of negligence by the NHS and you want to take legal action, please see the fact sheet on clinical negligence.

Is there anyone who can help me with my complaint?

PALS can give help and advice about making a complaint, although they can�??t take up a formal complaint on your behalf. You can get contact details for your local PALS from your NHS hospital or GP surgery or from their website pals.nhs.uk.

The Independent Complaints Advocacy Service (ICAS) is a free, confidential and independent service which can help you make a formal complaint about your NHS experience. You can get the contact details of your local ICAS office through your NHS hospital or GP practice, NHS Direct or PALS.

Can I complaint about professional misconduct?

If you want to make a complaint about professional misconduct, you should write to the professional or regulatory body to make a complaint, for example, the General Medical Council (GMC) or Royal College of Surgeons. You can do this even if you have also made a complaint under the NHS complaints procedure, although the professional body may wait for the outcome of this before taking any action.

If the practitioner is found guilty of professional misconduct, they can be prevented from practising in the future.

If you are not sure which professional body you should complain to, download the "Which regulator?" leaflet from GMC website.

How do I make a complaint in Northern Ireland?

The complaints procedure in Northern Ireland is the same, although the organisations have different names.

The NHS is called Health and Personal Social Services (HPSS) and health and social services boards and the Central Services Agency do the work of PCTs and NHS trusts.

The Department of Health is the Department of Health, Social Services and Public Safety.

The work of ICAS is carried out by health and social services councils. Independent reviews are carried out by health boards. Finally, you can refer your complaint to the Northern Ireland Ombudsman (ni-ombudsman.org.uk or 0800 34 34 24).

How do I make a complaint in Scotland?

The process is similar in Scotland. In the first case you should complain to the practice, hospital or trust concerned. If your complaint is not resolved at this stage, you can refer it to the Scottish Public Services Ombudsman or seek a judicial review. You can get more information about the ombudsman from spso.org.uk or on 0800 377 7330.

If you want to challenge the decision on your complaint through a judicial review, you will need to speak to a solicitor.

You can get help with your complaint from the Independent Advice and Support Service (IASS). This is part of the Scottish Citizens Advice Bureau Service and is funded by local NHS boards. The IASS can help you resolve your complaint informally and guide you through the formal NHS complaints procedure. You can contact the service through your local CAB or visit cas.org.uk.

You can make a complaint about professional misconduct in the same way as in England.