The Health Service Ombudsman’s jurisdiction and role
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- The Health Service Commissioners Act 1993 empowers me to investigate complaints about the NHS in England. I may investigate complaints about NHS bodies such as trusts, family health service providers such as GPs (like Dr Hampson) and dentists, and independent persons (individuals or bodies) providing a service on behalf of the NHS.
- In doing so I consider whether a complainant has suffered injustice or hardship in consequence of action taken by the body, a failure by the body to provide a service it was empowered to provide, or maladministration in respect of any other action by or on behalf of the body.
- When considering complaints about GPs, I may look at whether a complainant has suffered injustice or hardship in consequence of action taken by the GP in connection with the services the GP has undertaken with the NHS to provide. Service failure or maladministration may arise from action taken by the GP themselves, by someone employed by or acting on behalf of the GP, or by a person to whom the GP has delegated any functions.
- If I find that service failure or maladministration has resulted in an injustice, I will uphold the complaint. If the resulting injustice is unremedied, in line with my Principles for Remedy, I may recommend redress to remedy any injustice I have found.
