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Complaints procedures for
Opticians and Eyecare
| General
Comment - |
Opticians
operate under the same clear complaints procedures as the NHS unless it
is private care (see step 3 below). Plenty of links
to Government and other third party sources have been included below so
consult those if you are at all unsure. For some general information regarding
who can complain, independent advice, timing and financial compensation
issues please click here. |
| Step
1 - |
Complain to your optician:
If you are
not satisfied with the care or services you have received from your optician,
you should complain first to the branch or department concerned (local
resolution). Wherever possible you should tell someone close to the complaint
(e.g. your optician or a receptionist). Your complaint may be made orally or
in writing and you should receive an acknowledgment within two working
days and a response within ten working days, or be kept informed about
progress of the investigation.
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| Step
2 - |
If your are unable
to resolve your complaint with your GP or practice, you should refer your
complaint to your Primary Care Trust (PCTs- England&
Scotland) Community Heatlh Council (CHCs - Wales) or Health and Social
Services Trust (HSS Trusts - Northern Ireland).
PCTs, CHCs
and HSSTs are local health organisations responsible for managing health
services in your local area. They work with local authorities and other
agencies that provide health and social care locally to make sure the
community's needs are being met.
Find
your local PCT/CHC/HSS Trust here
Conciliation:
Conciliation
is most often used, if both sides agree to this step, to help with complaints
about 'primary care' services. Primary care trusts (PCT/CHCs/HSSTrusts)
are required to provide conciliation services for these. However, your
NHS trust or PCT/CHC/HSSTrust may also offer you this service if you make
a complaint to them.
The Independent Review:
Together with an independent lay person, the convener considers whether
any other local resolution action might resolve your problem. If not,
then the convener will decide whether there should be an Independent Review
of your complaint by a special panel. The convener will only convene a
panel if he or she thinks that a panel investigation is likely to resolve
the problems you have identified. Either way, you will be told of the
convener's decision in writing, usually within four weeks of you requesting
a panel investigation. If a panel is to be set up, you will be told what
matters they will investigate.
Who will investigate?
The panel is made up of three members: the convener, an independent lay
person acting as chair and one other person. It examines fully the concerns
referred to it by the convener, talking to everyone involved and getting
any specialist advice (such as independent clinical assessments) it needs.
The panel writes a report giving the results of its investigations, together
with its conclusions and any appropriate comments or suggestions. You
will be given a copy of the report, and the chief executive will write
to tell you of any action being taken as a result of the panel's recommendations.
Compensation:
The panel has no power to discipline anyone, award compensation or even
to recommend such action. Disciplinary action may be taken after a complaint
has been made but this is considered separately under a different procedure
(see step 3 below).
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| Step
3 - |
The Health Service Ombudsman:
If you are not satisfied
with the convener's decision or are not satisfied with the Review Panels
investigation you can ask the Ombudsman to investigate. The Health Service
Ombudsman (also known as the Commissioner) is completely independent of
both the NHS and the Government. He/she has been given wide powers by
Parliament to investigate complaints about services provided within the
NHS. There is no appeal against the Ombudsman's decision.
What sort of complaints
will the Ombudsman investigate? Complaints relating to, for example,
failure to explain decisions or provide information could be dealt with
by the above procedure. The
Health Service Ombudsman cannot investigate complaints which you could
take to court or independent tribunal; personal issues; commercial or
contractual matters; properly made decisions that you may not agree with;
services in non-NHS hospital or nursing home; complaints about central
or local government
What about other complaints?
Private optical services:
Complaints about non-NHS optical services should be
made to The Optical Consumer Complaints Service (OCCS) This is
an independent body that aims to settle complaints from members of the
public who are not satisfied with the optical services they receive from
opticians not provided under a NHS contract. A leaflet called 'OCCS: an
introduction to the Optical Consumer Complaints Service' is available
from the (OCCS). You need to contact them directly by post or by phone.
Their contact details are: OCCS,
PO Box 4685, London, SE1 6ZB Tel: 020 7261 1017.
Complaints
about an optician's conduct: If the complaint is about the optician's conduct, rather than
the service or goods that you received, you should contact the General
Optical Council (GOC). The GOC is an independent body set up by Act of
Parliament to regulate the optical profession. It has disciplinary procedures
for the investigation of alleged misconduct or malpractice by an optician.
If the optician is found guilty, then the GOC has disciplinary powers
including suspending the practitioner from the register, striking them
off from the register, or having them fined. Contact the GOC for their
leaflet 'Complaint?' (see links below).
Complaints about
the conduct or behaviour of Ophthalmic Medical Practitioners (Ophthalmologists):
Ophthalmic
Medical Practitioners are doctors, not opticians. Complaints relating
to the conduct or behaviour of Ophthalmic Medical Practitioners are referred
to the General Medical Council (GMC) The GMC has powers to discipline
all registered medical practitioners, whether in the NHS or private sector.
It considers complaints about serious failures of care, violent or indecent
behaviour, dishonesty, etc. (see links below).
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| Step
4 - |
Court: Failing
all else you can still go to court to resolve your dispute. Details of
small claims court and other procedures are given in the Legal Section
of this site. You can also contact the Community Legal Service (justask.org.uk)
that gives access to free advice. Otherwise your local Citizens' Advice
Bureau will give you advice and will sometimes organise free legal representation
for you.
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If you are at all unsure
about any of these steps or would like further information please use the list
of Information links given below. If you click on the icon the relevant site will open a new window.
Links to Information
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Optical Consumer
Complaints Service |
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The Citizens' Advice
Bureau Adviceguide site for Health. |
 |
Patients Association
website |
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Links to medical organisations
in UK |
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General Optical
Council |
 |
Health Professions
Council, the regulator of 12 different health professionals in the UK from
physiotherapists to paramedics. |
 |
The Eyecare Information
Service (includes a postcode search facility for local eyecare information
centres) |
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Your Guide to the NHS
(replaces the Patient's Charter). |
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BBC's Watchdog
guide to medical matters |
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A website where you
can find over 2000 Patient Support Groups |
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Health Service
Ombudsman England |
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Health Service
Ombudsman Scotland |
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Health Service
Ombudsman Wales (English version) |
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Ombudsman y Gwasanaeth
Iechyd Cymru |
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Northern Ireland
Ombudsman |
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NHS Scottish Health
on the Web |
General
advice
Independent advice: Independent help with
making your complaint about NHS services can be obtained from your local Community
Health Council (CHC). In Scotland help can be obtained from your Local Health
Council (LHC) and in Northern Ireland your Health & Social Services Council
(HSSC). A list of contact details can be found on this site, or alternatively
telephone numbers and addresses can be found in your phone book.
Who can make a complaint? To use the NHS
complaints procedure a person must be a patient or a former patient of the practitioner
or institution concerned. It is possible to complain on behalf of existing or
former patients, but the hospital or practice must agree that the person making
the complaint is a suitable representative.
Time limits: A complaint should be made as soon as
possible after the incident. The time limit for NHS complaints is usually six
months from the date of the incident. However, if a hospital or practice is
unaware of there being any cause for complaint, the six months limit starts
from the time the hospital or practice first became aware. This start date must
be within twelve months of the date of the incident. There is discretion to
waive the time limit where it would be unreasonable to expect the complaint
to have been made in time, for example, because of grief or trauma. It must,
however, still be possible to investigate the complaint.
Financial compensation: If a person is seeking financial
compensation they must take legal action (see step 4). It is not possible to
get financial compensation through the complaints system.
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