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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.

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).

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).

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.

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 website icon the relevant site will open a new window.

Links to Information

website Optical Consumer Complaints Service
website The Citizens' Advice Bureau Adviceguide site for Health.
website Patients Association website
website Links to medical organisations in UK
website General Optical Council
website Health Professions Council, the regulator of 12 different health professionals in the UK from physiotherapists to paramedics.
website The Eyecare Information Service (includes a postcode search facility for local eyecare information centres)
website Your Guide to the NHS (replaces the Patient's Charter).
website BBC's Watchdog guide to medical matters
website A website where you can find over 2000 Patient Support Groups
website Health Service Ombudsman England
website Health Service Ombudsman Scotland
website Health Service Ombudsman Wales (English version)
website Ombudsman y Gwasanaeth Iechyd Cymru
website Northern Ireland Ombudsman
website 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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