The complaints procedure for adults in England changed to a simpler system on 1 April 2009. It was introduced through the Local Authority Social Services and NHS Complaints (England) regulations 2009. These regulations cover health services and social services.

The new complaints system applies to any complaints made about:

  • a local authority
  • an NHS body (eg a hospital)
  • a primary care provider (eg a GP)
  • an independent provider (eg a care home).

If people are not able to make the complaint themselves, or have asked another person to act on their behalf, a supporter or advocate (such as a parent or carer) can make the complaint. 

When can I make a complaint?

Complaints have to be made within 12 months of an incident occurring that you were unhappy about, or notice being given. Complaints about incidents that occurred more than 12 months ago will only be accepted if there is good reason for the delay.
 
You can make a complaint verbally, in writing or in an email. If you make a verbal complaint, a copy of what you have said should be written out and sent to you, to make sure that your complaint has been understood.

What will happen to my complaint?

Once your complaint has been received, you will be sent an acknowledgement. You should be offered the chance to discuss your complaint and how it will be handled, including how long it will take to be resolved.

You do not have to discuss your complaint at this stage. If you choose not to the information that would have been discussed with you will be sent to you instead. But if you do decide to discuss your complaint, the things you say should be written down and a copy sent to you.

Your complaint will then be investigated in as quick and effective a way as possible. This might mean that an internal investigation is carried out, or an investigation by someone outside of the organisation. You must be kept informed of progress.

How long will it take for my complaint to be resolved?

You should get a full response to your complaint within six months of the date you originally complained. If this isn't possible, you should get a written explanation and a response should be provided as soon as possible afterwards. (There is no set timeframe within which a complaint must be fully responded to, but if there are significant delays, you could bring this to the attention of an ombudsman. See the section called 'Ombudsmen', linked to below, for more information.)
 
Organisations who deal with complaints now have to keep records for monitoring purposes and produce annual reports that can be viewed by the public, on request. 

What happens when a decision is made about my complaint?

Once the complaint investigation has been completed, a report will be written up about the way the complaint has been dealt with and the conclusions the investigation has reached. If any action is to be taken to resolve the issue, this will be confirmed now. You will also be told about your right to contact the local government or health service ombudsmen if you are not happy with the response you receive.

Is there anything else I should know?

If you write a letter of complaint, send a copy to the complaints manager at the organisation. The complaints manager logs all complaints on a database. The manager also guides patients and staff through the complaints procedure and promotes changes in the service where they are thought to be needed.

You should keep a copy of all the letters that you send and only ever send copies of important supporting documents. Try not to send the original documents.

If you have tried to resolve an issue through the complaints process but have not had a satisfactory resolution, you have two options am ombudsman or judicial review. See our page about Ombudsmen.