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Complaints procedures for Private Healthcare

General Comment -

There is no clear, independent complaints procedure for private health care treatment. Private hospitals and clinics have to register with the local authority and so the local authority can deal with some service related problems. However with there being no independent regulator, court is a more immediate possibility. 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 the hospital: There is no clear, independent complaints procedure for private health care treatment. As with NHS complaints, the first stage is to complain to your hospital direct. Wherever possible you should tell someone close to the cause of your complaint (e.g. a doctor, nurse or receptionist). However, in the private sector, hospitals often have a separate contract with individual consultants or surgeons, who are not directly employed by the hospital. If the complaint includes different aspects of your care such as cost of treatment, quality of food, treatment complaints (such as problems with medications you have been prescribed), it may be necessary to complain to more than one person.

Step 2 -

Complain to the Health Authority/Health Board: If you are not satisfied with the response from a private hospital, you may be able to take the complaint up with your local Health Authority (Health Board in Scotland and Health & Social Services Board in Northern Ireland) or convener, contact details are given on this site.  Private hospitals and clinics are regulated by the Registered Homes Act 1984 and must register with the Local Health Authority who are required to inspect them twice a year. However they will not deal with clinical complaints (complaints about the treatment provided by your private doctor) unless it is relevant to the registration requirements.

Find your local LHA or CHC here

Step 3 -

Other complaints procedures: If you have been unable to get a satisfactory response to your complaint, there is no independent inspectorate or ombudsman so you may need to turn to the courts to settle your dispute (See Step 4).

Complaints about the conduct of a Doctor: 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.

Complaints about the conduct of nurses, midwives or health visitors: Complaints relating to their attitude or behaviour are made to the United Kingdom Nursing Midwifery Council (NMC). The NMC will investigate allegations of professional misconduct or unfitness to practice for reasons of ill health. Complaints should be sent in writing to the Professional Conduct Department Manager giving details of the name of the nurse, midwife or health visitor, the dates of the alleged incident or pattern of behaviour and an outline of the misconduct. There is no time limit for making a complaint to the NMC. You can call the NMC's advice service (see link to their website below) to have an informal chat before you decide whether to make a complaint.

Complaints about the conduct of other health professionals: Complaints relating to the attitude or behaviour of other health related staff including physiotherapists, occupational therapists, speech & language therapists, dietitians, radiographers, chiropodists and other therapists, but NOT doctors, nurses, dentists, opticians or pharmacists or reidential homes, should be made to the Health Professions Council (HPC). The HPC's Investigating Committee will check a complaint or allegation to determine if there is a case and the nature of the case. If so, it then goes to either the Conduct and Competence Committee or the Health Committee.


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 The Citizens' Advice Bureau Adviceguide site for Health.
website Mental Health Media's Anti-Discrimination Toolkit website
website Patients Association website
website Links to medical organisations in UK
website Nursing & Midwifery Council
website Health Professions Council, the regulator of 12 different health professionals in the UK from physiotherapists to paramedics.
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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