Frequently Asked Questions

 

You may find that the answers to these questions resolve your queries. If not, please contact your nearest ICAS office.

Who can complain?

Any NHS patient or person who has been affected by the subject of the complaint can complain about any NHS service they are unhappy about. NHS services include treatment and care given by your GP, dental surgery, hospital, pharmacy, optician and the ambulance service.

In some circumstances you can complain on behalf of someone else (see below). You can complain by yourself or you can contact ICAS for support and information.

My mother is elderly and I don´t feel she could manage a complaints process. Can I complain for her?

You can complain for a friend or relative or someone you care for as long as they agree. It's a good idea to get their permission in writing.

My partner has Alzheimer's Disease. Do I still need their permission to make a complaint?

If your friend or relative is very ill, or does not have the capacity to give permission because of an impairment or a disability, you may complain on their behalf without their permission.

My father died and I didn't have his consent to act for him. Can I complain about his treatment?

Yes. You can make a complaint or take over a complaint on behalf of a friend or relative who has died, even if they did not give written permission. In some cases the NHS can decide not to accept you as a suitable representative and may suggest another person. You can request an Independent Review by writing to the Health Service Ombudsman (click here for useful addresses).

My nephew is 15 and has Down's Syndrome. Can I complain on his behalf without his written permission?

A representative of the service user can make a complaint on their behalf in where the service user:
- has passed away
- is a child
- is unable to complain themselves (incapacitated physically)
- is unable to complain themselves lack of mental capacity
- has requested a representative

Where a representative makes a complaint on behalf of a child, the responsible body must not consider the complaint unless it is satisfied that there are reasonable grounds for the complaint being made by a representative rather than the child.

If the responsible body is not satisfied that this is the case they must write to the complainant and inform them that they will not consider the complaint and explain their reasons.

If a responsible body has good reason to suspect that a complaint being made on behalf of a service user who lacks capacity (mental health) or is a child is not being made with their best interests in mind, they must refuse to investigate the matter. Again, they must write out and explain this to the complainant.

Can I complain about something that happened some time ago?

It depends how long ago it happened. You should make your complaint:
• within 12 months of the incident happening, or
• wthin 12 months of realising you had something to complain about.

NHS organisations are allowed to waive this time limit if there are good reasons (for example, if you were too ill at the time) and/or it is possible to investigate the complaint effectively.

I had an operation in a private hospital. Can I complain to the NHS?

It depends. If the NHS paid for your operation, you can complain to the NHS. If you paid for your treatment yourself or through private medical insurance, you cannot complain to the NHS. The private hospital will have its own complaints procedure that you should follow.

I want to sue the surgeon who operated on me. How do I go about it?

You will need to take legal action if you want to make a claim for compensation. The NHS Complaints Procedure does not deal with these cases. You can get free advice on whether or not to take legal action from an independent charity, Action against Medical Accidents or speak to a solicitor (click here for useful addresses).