NHS Complaints Procedure Stage 2

Stage 2: The Health Service Ombudsman

The Ombudsman is independent of the NHS and Government. The Ombudsman's services are confidential and free.
You should submit a complaint no later than 12 months from the date of the events you are complaining about (or from when you first became aware of the matter), although the Ombudsman can extend this time limit if, for example, the local resolution process took longer than a year.
The Ombudsman will look at every complaint but is not required to investigate them all. They will not normally investigate your case unless you have already tried local resolution.

The Ombudsman can refer you back to local resolution if they think you have come to them too soon, or if they feel that the NHS organisation involved has not done all it could to resolve your issues locally.

The Ombudsman will not usually investigate a complaint if:
• you do not agree with a decision made by your NHS provider but cannot offer any evidence as to why their decision is wrong or unsatisfactory
• they decide that there is no evidence to suggest that the NHS provider acted wrongly
• they decide that the NHS provider or practitioner has done all that they reasonably could to put things right
• they decide that there would not be a worthwhile outcome from an investigation (for example, if the solution sought by the complainant is not obtainable).

Initially, a member of the Ombudsman's staff will consider whether your case meets the Ombudsman's criteria for investigation. To carry out this assessment they may need to see clinical records and other documentation. A member of the Ombudsman's staff will contact you to ask for any papers they need and will write to you to let you know the outcome.

If you take your complaint to the Ombudsman, there are three main outcomes:
• The Ombudsman may decide not to investigate the case and take no further action (for example, if they think that the NHS has done all it can to resolve your complaint locally)
• The Ombudsman may decide not to investigate the case but ask the NHS provider or practitioner to take action which they think would resolve your complaint more quickly. This is called an 'intervention.'
• The Ombudsman may decide to carry out an in-depth investigation resulting in a detailed report. The investigation will be very thorough and can take some time. The Ombudsman aims to complete 90% of investigations within 12 months of accepting the case for investigation.

If your complaint is investigated
If the Ombudsman carries out an investigation they will write a detailed report. If your complaint is upheld, the Ombudsman can make recommendations to the NHS provider or practitioner to put things right.

All the Ombudsman's decisions are final. This includes the decision about whether or not to investigate your complaint and the decision about whether or not your complaint should be upheld.

Click here to return to Stage 1: Local Resolution