Complaints can arise for many different reasons within the health and social care sector, and understanding how to deal with and respond to complaints appropriately is essential. Regardless of whether an issue arises in a hospital, a dentist, a care home or within a person’s own home, under law, all those providing health or care services should have procedures in place to allow for complaints to be made and dealt with effectively. An effective complaint handling process should involve two stages, with the utmost emphasis placed on resolving the complaint in Stage 1, as this will give the health or social care provider the best opportunity to retain the custom of the complainant.
All health care providers (HCPs) require an adequate complaints procedure to be in place. The principle of providing the best service for their clients/ patients, healthcare providers should ensure that:
Stage 1 Complaint Process
1) Patient sends details of their complaint to the competent authority within the Health Care Provider.
2) Patient now enters the HCP’s complaints pathway.
3) The HCP provides the complainant with a template to indicate:
(a) The nature of the complaint
(b) The nature of the procedure/ treatment/ process/ situation that led to their involvement with the HCP
(c) How this relates to their complaint
(d) When this occurred
(e) What the adverse effect– financial, emotional, physical or other
(f) Any other information the complainant feels is relevant
4) The HCP provides an initial response within 3 days, but ideally within 24 hours apologising with empathy and explaining the review process of their complaint and when they will come back with a formal response.
5) HCP does a formal investigation of the formal complaint and responds to the complainant with resolution option(s).
6) If the Complainant is not satisfied with the resolution options, which normally should include a goodwill gesture, proposed by the HCP the Complainant can avail themselves of either adjudication in Stage 2 or the Courts.
If no resolution has been achieved, then the case will be submitted to HSCAMP for independent evaluation and adjudication on the decision of the complaint.
Stage 2 Adjudication Process
1) HSCAMP will respond to both the provider and the complainant. The initial response to both will include:
2) Once this information is complete, then the case will be reviewed and passed on to the relevant specialist adjudicator(s)
3) The fee paid for this service will be paid by the HCP and sent to HSCAMP
4) The complainant will receive a letter outlining the Terms and Conditions of adjudication.
5) On the basis that the Complainant wishes to proceed the Adjudicator will render his/her decision within 30 days from the commencement of Stage 2, unless impossible to do by actions of either party.
6) The decision of the adjudicator will be deemed final (i.e. no right of appeal) and binding on the HCP. If the Complainant is still not satisfied it has the right to escalate this matter to the Courts.
7) The response of the adjudicator will include:
8) Providers will pay any goodwill payments to the complainants within 30 days of receipt of the response.
9) HSCAMP will provide final copies of the decisions for the Claimant and HCP’s records.
The mission of HSCAMP is to provide Health and Social Care providers with the tools and insights to turn dissatisfied patients into satisfied patients and to provide an independent adjudication service for patients who are not satisfied with the resolution proposed by the Health and Social Care providers’ internal complaint process.
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Health and Social Care Complaint Adjudication Management Partners