PHSO

Listening and Learning:

The Ombudsman’s review of complaint handling by the NHS in England 2011-12

Foreword

This report comes in the middle of the biggest overhaul to the NHS in over 60 years. The changes to the NHS structure brought about by the Health and Social Care Act 2012, and the ongoing repercussions of the Mid Staffordshire NHS Foundation Trust Inquiry, combine to make this one of the most challenging and demanding times in the history of the health service.

Dame Julie Mellor, DBE

We are the last resort for complaints about the  NHS.  We listen to individual complaints  and, where things have gone wrong, help to get them put right.  We see the NHS through the eyes of individual  patients who have received poor care or treatment and who have been unable to  get things put right through any other means.   As the changes in the NHS take shape, our caseload suggests that  embedding good complaint handling will be essential to avoid the risk of  patient complaints going unheard.

People who complain to us often say that they  want to make sure that no-one else experiences the same poor care or treatment  that they have.  Sometimes the substance  of their complaint highlights patient safety concerns.  For others, poor service from the NHS can be  at best inconvenient or, at worst, devastating, especially if people are unwell  or struggling to take care of others. Our work gives them a voice and this  report tells some of their stories.

Time and again, poor communication with patients  and their families is at the core of what goes wrong.  Last year, we received 50% more complaints  from people who felt that the NHS had not acknowledged mistakes in care.  We received more complaints from people who  felt they had not received a clear or adequate explanation in response to their  complaints, and more complaints about inadequate remedies, including  apologies.  This report tells the story  of the surgeon who told a patient he was behaving like a baby and quotes a  letter sent from the NHS to a bereaved daughter, which said, ‘Death is rarely an ideal situation for anyone.’   When patients go unheard the result is careless communication, insincere  apologies and unclear explanations.

Changing this requires leadership and embedding  good complaint handling at the heart of the new NHS.  In future, GP-led Clinical Commissioning  Groups will be the main commissioners of NHS services. Together with the NHS  Commissioning Board, they will need to ensure that the services they  commission, whether from NHS or independent providers, follow our Principles of  Good Complaint Handling. This report highlights the standards providers must  work towards. 

Of concern too is the increase in complaints to  us about unfair removal of patients from GP lists, despite our focus on this  last year.  There needs to be a clear  shift in the attitude and practice of some GPs towards complaints.

Good complaint handling means listening to  patients.  Doing so will help deliver the  high-quality, patient-centred care that the NHS is committed to.  In this report we highlight some of the ways  we will be working with the new NHS to help achieve this.  We look forward to working with NHS leaders,  commissioners, regulators and providers to share information and help them  learn from mistakes.

Dame Julie Mellor, DBE
Health Service Ombudsman
October 2012