This information should not be relied upon as legal or professional advice. Read the disclaimer.

Under the NHS Constitution for England, individuals have a right to make a complaint about any aspect of their NHS care and treatment in England.

Most complaints can be made using the standard NHS complaints procedure. Other pathways are available for complaints about the use of the Mental Health Act, which can be made to the Care Quality Commission (CQC), and complaints about individual healthcare professionals, which should be made to professional regulators. Claims for damages might be available in some cases where someone believes they have been harmed due to medical negligence.

Rights and pledges covering NHS complaints and redress

Under the NHS Constitution, patients have a right to complain about any aspect of their care. The constitution sets out the rights of patients and the pledges made by the NHS:

Your rights.

You have the right to have any complaint you make about NHS services acknowledged within three working days and to have it properly investigated.

You have the right to discuss the manner in which the complaint is to be handled, and to know the period within which the investigation is likely to be completed and the response sent.

You have the right to be kept informed of progress and to know the outcome of any investigation into your complaint, including an explanation of the conclusions and confirmation that any action needed in consequence of the complaint has been taken or is proposed to be taken.

You have the right to take your complaint to the independent Parliamentary and Health Service Ombudsman or Local Government Ombudsman, if you are not satisfied with the way your complaint has been dealt with by the NHS.

You have the right to make a claim for judicial review if you think you have been directly affected by an unlawful act or decision of an NHS body or local authority.

You have the right to compensation where you have been harmed by negligent treatment.

NHS pledges

The NHS also pledges to:

  • ensure that you are treated with courtesy and you receive appropriate support throughout the handling of a complaint; and that the fact that you have complained will not adversely affect your future treatment
  • ensure that when mistakes happen or if you are harmed while receiving health care you receive an appropriate explanation and apology, delivered with sensitivity and recognition of the trauma you have experienced, and know that lessons will be learned to help avoid a similar incident occurring again
  • ensure that the organisation learns lessons from complaints and claims and uses these to improve NHS services

The standard NHS complaints procedure

The standard NHS complaints procedure can be used to complain about primary care, community health or hospital services.

The NHS England webpage on Feedback and complaints about NHS services provides information about the complaints procedure. It notes that anyone can make a complaint, although family members, carers, friends, or local MPs, should seek an individual’s consent to make a complaint on their behalf.

NHS England advises that, in the first instance, individuals should discuss their complaint directly with their service provider. Many providers have feedback forms available on their website. Individuals can also give feedback through the Family and Friends Test, which is an anonymous feedback form provided after treatment or discharge.

There are two-stages to the complaints procedure:

  1. Local resolution: an individual should first complain to the service or commissioner of the service they wish to complain about (either the local integrated care board or NHS England).
  2. If they are not happy with the outcome of the complaint, an individual can then complain to the Parliamentary and Health Service Ombudsman.

Local resolution (first stage)

The first stage of complaints is local resolution, in which an individual can make a complaint to either the organisation providing the NHS service or to the commissioner of the service. It is not possible to complain to both the service provider and the commissioner.

Complaining to the service provider

NHS service providers, such as a GP, dental practice or hospital, must have a complaints procedure in place. If an individual complains to several providers about a single issue, these providers must provide a coordinated response.

Information on how to make a complaint should be available on the service provider’s site, on the provider’s website, or by discussing with a member of staff.

Complaining to the commissioner of the service

Alternatively, complaints can be raised with the commissioner of the service, which is the body responsible for the service. In most cases this is the relevant ICB, but in some cases can be NHS England or the local council.

1. ICB

ICB should be contacted for complaints regarding:

  •  Primary care services-
    • GPs
    • dentists
    • opticians
    • pharmacists
  • Secondary care, such as –
    • hospital care
    • mental health services
    • out of hours services
    • NHS 111
    • community services

ICBS all have their own complaints procedures and this can usually be found on their website. Contact details for the 42 ICBs in England are available on the NHS England website.

2. NHS England

NHS England should be contacted for complaints regarding:

  • healthcare in prison
  • military healthcare
  • specialised services that support people with a range of rare and complex conditions
3. Local Council

An individual should contact their local council to make a complaint about public health organisations. These organisations provide services to prevent disease, promote health and prolong life. Local government contact details can be found on gov.uk.

Parliamentary and Health Service Ombudsman (second stage)

If an individual is not satisfied with the outcome of the local resolution process, they may be able to raise their complaint with the Parliamentary and Health Service Ombudsman (PHSO).

In 2023, the PHSO amended their complaints procedure so that they will now only look into more serious complaints. They will look at all complaints brought to them and will resolve any complaints that can be dealt with quickly. However, the PHSO will not take forward investigations into complaints that they consider to have caused “relatively minor” impact. A “relatively minor” impact is described as:

  • annoyance, frustration, worry or inconvenience – usually from a one-off incident
  • a small amount of distress or minor pain – which usually lasts a short time.

Further information is available on the PHSO website, including contact information for MPs.

The Ombudsman is the final stage for unresolved complaints about the NHS in England. If an individual is unhappy with the Ombudsman’s outcome, they may be able to raise their concern with the person who handled their case within a month of the Ombudsman’s decision. Following this, the Ombudsman website explains that if they remain unhappy, they have the option of seeking independent legal advice about their options to challenge the decision through the court system. Information on sources of legal advice can be found in the Library briefing Legal help: where to go and how to pay.

Other types of complaint

Complaints about the use of the Mental Health Act

Complaints about a mental health service should be raised with the service provider or commissioner of the service as described above.

Complaints about the use of the Mental Health Act 1983 with regard to a person detained in hospital, put on a guardianship or under a community treatment order should be taken to the Care Quality Commission (CQC). More information can be found on the CQC website.

Complaints about individual healthcare professionals

If an individual has a concern about the behaviour, health or performance of a regulated healthcare professional that might call into question their fitness to practice, they can complain to the relevant professional regulator. For example, concerns about doctors, physician associates and anaesthesia associates should be raised with the General Medical Council (GMC).

A list of the statutory bodies that regulate health and care professionals in the UK is available from the Professional Standards Authority for Health and Social Care (PSA).

Medical negligence

In cases where someone believes they have been harmed due to medical negligence they could consider making a claim for damages. Where legal action is being considered, professional legal advice should be sought – this is not something the House of Commons Library can provide. Information on sources of legal advice can be found in the Library briefing Legal help: where to go and how to pay.

Negligence claims made against NHS bodies in England are handled by NHS Resolution. The NHS Resolution website provides advice for claimants and notes that it might be worth utilising the standard NHS complaints procedure to gain more information before making a claim.

Action against Medical Accidents (AvMA) is an independent charity. It can help patients to consider the options that may be open to them after suffering a medical accident, including providing contacts for specialist solicitors. As well as providing online self-help guides,  AvMA have a helpline: 0845 123 2352 (open Monday to Friday, 10am to 3.30pm).

Organisations that can help

There are several organisations that can help individual patients resolve issues with the NHS. Local patient advice and liaison services (PALS) offer confidential advice, support and information on health-related matters. Charities like the Patients Association or Action Against Medical Accidents (AvMA) have helplines for patients.

Other organisations that can provide help and advice to individuals who want to complain about NHS services include:

  • Local NHS complaints advocacy services can provide free, confidential and independent advice to help patients make a formal complaint about NHS services.
    • Individuals can find their local NHS complaints advocacy services by searching online for “NHS complaints advocacy” and the name of their area. Individuals could also contact their local council or local Healthwatch to find out about complaints advocacy services in their area.
  • Independent Mental Health Advocates (IMHAs): who can help and support patients detained under the Mental Health Act to understand and exercise their legal rights.

Constituents can also seek help from Citizens Advice in making complaints about healthcare.

Patient Advice and Liaison Service

The Patient Advice and Liaison Service (PALS) is a free, independent service that offers confidential advice and support on health-related matters. PALS can be found in most hospitals.

The service can offer information about the NHS complaints procedure. It can also help to resolve concerns with the NHS informally. NHS England advises that this can be a useful option for people who have an urgent issue that requires immediate action.

Complaints about non-NHS services

While the NHS complaints procedure can be used to complain about all NHS-funded services, whether provided by an NHS or non-NHS organisation, it cannot be used for complaints about privately funded healthcare.

Complaints about privately funded healthcare services need to be made to the healthcare provider directly in the first instance. Complainants may then have the option of referring the complaint for independent external adjudication by the Independent Sector Complaints Adjudication Service (ISCAS), which represents some independent healthcare providers. There is further information about ISCAS on their website, including information about which organisations are members.

Complaints about social care should also be raised with the service providers in the first instance. Where care is funded or arranged by a local council, complaints can also be raised with the local authority social services department. Further information is available from the Local Government and Social Care Ombudsman website.

Further information

Information on whistleblowing procedures for NHS staff to raise concerns can be found on the NHS England website.

Information for complaint procedures in the rest of the UK is published by the NHS and health services in:


About the author: Devyani Gajjar is a researcher specialising in health policy at the House of Commons Library.                                                                                           

Disclaimer

The Commons Library does not intend the information in this article to address the specific circumstances of any particular individual. We have published it to support the work of MPs. You should not rely upon it as legal or professional advice, or as a substitute for it. We do not accept any liability whatsoever for any errors, omissions or misstatements contained herein. You should consult a suitably qualified professional if you require specific advice or information. Read our briefing for information about sources of legal advice and help.

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