Parliamentary and Health Service Ombudsman

 
A service for everyone
Annual Report 2010-2011

Sharing learning

Our work brings benefit to the wider public by informing public policy and driving improvements in public services.

Sharing learning

Our work brings benefit to the wider public by informing public policy and driving improvements in public services. To achieve this, we share the learning from our casework with Parliament and government, the public and the NHS.

Sharing information about complaints

Listening and Learning, our first review of complaint handling by the NHS in England, was published in October. Using data from the first full year of the new complaint handling system, the review assessed the performance of the NHS against the commitment in its Constitution to acknowledge mistakes, apologise, explain what went wrong and put things right, quickly and effectively.

Listening and Learning concluded that the NHS needs to listen harder and learn more from complaints. Many of the lessons that can be learnt from complaints are straightforward and cost little or nothing to implement at local level: a commitment to apologising when things go wrong; clear and prompt explanations of what has happened; improved record keeping and better information for patients about how to complain.

With previously unpublished data about the number of complaints received during 2009-10 for every trust in England, Listening and Learning presented a unique national picture of what happens when mistakes occur and the NHS fails to put things right. Following publication of the review, the data was uploaded into the Care Quality Commission’s (CQC) Quality and Risk Profiles, providing more detail of the complaint handling performance of each healthcare provider. We also agreed a joint statement on the need for reliable, meaningful and comparable complaints information with the NHS, CQC and Monitor, the Department of Health, the NHS Information Centre, the charity National Voices, and the National Association of LINks Members.

Bernard Jenkin MP, Chair of the Public Administration Select Committee, and the Secretary of State for Health, the Rt Hon Andrew Lansley MP, spoke at the launch ofListening and Learning in Parliament. The launch was followed by a series of six regional conferences attended by nearly 500 NHS complaints managers across England.

We began a programme of liaison work with the most complained about NHS trusts, sharing summaries of the learning points from cases involving each individual trust. These included information on what was done well and where improvements might be made.

Our new policy on sharing and publishing information about NHS complaints came into effect on 1 January 2011. The policy states that we will share all reports of our health investigations with the relevant strategic health authority and the commissioning body, to help them to monitor performance.

Equitable Life

Equitable Life saga comes to an end

In December 2010, our work on complaints from Equitable Life policy holders about the regulation of the company came to an end.

Soon after the General Election, the new Coalition Government announced its intention to implement the Ombudsman’s recommendation to make fair and transparent payments to Equitable Life policyholders, through an independent payment scheme, for their relative losses as a consequence of the regulatory failure identified in the Ombudsman’s July 2008 report.

This commitment was repeated in October by Mark Hoban, the Financial Secretary to the Treasury, when he gave evidence to the Public Administration Select Committee. Later that month, as part of the Comprehensive Spending Review, the Government announced that it would make £1.5 billion available to compensate Equitable Life policyholders and set out its decisions about who would be eligible for compensation.

These decisions were supported by Parliament and, in December, the Equitable Life (Payments) Act 2010 became law. In reply to a letter from the All Party Parliamentary Group for Justice for Equitable Life Policy Holders, the Ombudsman wrote:

Whilst I recognise that some of the people who complained to me will be extremely disappointed by the Government’s decisions on affordability and eligibility, I cannot say that those decisions are incompatible with the recommendations in my report. As Parliament’s Ombudsman, it has been my task to report independently to Parliament on this matter, so that Parliament can be informed in the decisions it takes. Parliament has considered the issues raised in my report and the recommendations I made and has provided its response’.

On 30 June 2011 the compensation scheme made the first payments to those eligible to receive them.

Sharing internationally

Sharing best practice internationally

In August, the Ombudsman signed a Memorandum of Understanding between her Office and the Public Protector of South Africa. This new relationship provides a framework for the two Offices to co-operate and share best practice and experience. Later in the year, we welcomed five visitors from the Public Protector’s Office, who came to our Office to learn about how we respond to complaints, our communications, and our governance processes.

In 2010-11:

  • we published two investigation reports to share our learning: one on the Pensions Regulator, the other on an investigation into the handling of personal data by HM Revenue & Customs, the Child Support Agency and the Department for Work and Pensions
  • we visited 15 of the most complained about health trusts to talk directly with them about how to improve their complaint handling service
  • 90 per cent of our regional conference delegates rated the event they attended as ‘good’ or ‘excellent’
  • we welcomed visitors from around the world, including Ethiopia, Turkey and Japan, to share learning about our work.