Freedom of Information request 417-2024

Thank you for your FOI request.
THIS POLICY IS UNDER REVIEW
Please see below for further information and continue to use
this Policy until the new Policy is released
CGP010 Complaints and Concerns V1.2 Page 2 of 28 26/03/2024
now reads as Appendix A
V1.2 16/12/2022 Extension to review date and addition of ‘under review’ banner
including further information regarding the review – Policy
confirmed as fit for purpose
SUMMARY
The Trust is committed to providing an accessible, fair and effective means for service
users, carers and/or their representatives to express their views about Trust services.
Concerns and complaints matter to us because they tell us about the quality of care that
we deliver. We aim to manage concerns and complaints through a procedure of local
resolution, which is in line with the Trust’s values and consistent with the NHS
Constitution 20151
The commitment of the Trust is that people who raise a concern or complaint will not
face prejudice or discrimination as a consequence. Service users should always be
reassured that in making a complaint it will in no way affect their eligibility for, or the
nature of, current or future treatment.
The main aim of this policy is to ensure a robust process for investigating and enabling
resolution of concerns or complaints, as quickly, sensitively and supportively as possible.
The Trust’s approach is to investigate and feedback matters locally, wherever possible,
with the aim of providing reassurance to people that their issues have been heard and
resolved.
We aim to involve complainants in our approach to resolving their concerns and
complaints, wherever possible.
TABLE OF CONTENTS
Section Page
1 Introduction 3
2 Purpose 3-4
3 Scope 4
4 Duties 5
5 Policy Detail / Context 5-6
6 Sources of Concern or Complaints 6-7
7 Support for those Involved in a Concern or
Complaint
7
8 When to Raise a Formal Complaint 8
9 How to Raise a Concern or a Complaint 8-9
10 Process for Responding to Concerns 9-10
11 Process for Responding to Formal Complaints 10-15
12 Being Open 15-16
13 Specific Types of Concerns and Complaint 16-18
1 https://www.gov.uk/government/publications/the-nhs-constitution-for-england/the-nhs-constitution-for-england
CGP010 Complaints and Concerns V1.2 Page 3 of 28 26/03/2024
14 Consent and Confidentiality 18-19
15 Capacity Issues 19
16 Reporting and Learning Arrangements 19-20
17 Managing Unreasonable Complaints 20
18 Definitions 20-22
19 Process for Monitoring Compliance 22
20 Training 22-23
21 References 23-24
Appendix 1 Procedure for Managing Unreasonable or
Persistent Complainants
25-28
1. INTRODUCTION
1.1 We strive to deliver the best possible service for those in our care. Every person in
contact with our services should receive flexible, compassionate, empathetic,
respectful, inclusive and timely care and communication from Trust staff and
volunteers. The Trust is committed to make every reasonable effort to resolve concerns
that are raised as soon as possible and to give service users / carers an outcome that
is fair.
1.2 Listening and responding to feedback and being proactive about the development of
inclusive, quality services is of great importance to our Trust. When things do not
always go as planned or hoped the Trust response will not be one of blame or
retribution, but of learning and a constant drive to improve services.
1.3 In accordance with Trust values and national complaint guidance and legislation, we
will actively seek feedback about our services. Where feedback includes a complaint
about services, the Trust is required to respond to a satisfactory standard and to comply
with requirements as outlined within the NHS Constitution for England 2015 and
contained within the National Health Service England. Regulations 2009.
1.4 We aim to actively seek, listen to, respond to, and improve through a continuous cycle
of learning from experience in order to provide the best quality care that we can.
1.5 The Trust is committed to having effective procedures in place to manage all issues
brought to its attention. The organisation will learn from feedback and ensure that
people’s experiences are used to continually improve services. The Parliamentary and
Health Service Ombudsman, Review of Complaint Handling for 2011/12 notes:
“…each complaint that is not fully addressed or investigated is a missed opportunity
for the NHS to continue to improve, to pick up on possible systematic problems, and to
reinforce the trust that we all place in the NHS to get our care and treatment right.”
2. PURPOSE
2.1 The purpose of this policy is to ensure that any person who uses Trust services or
their relatives, carers, representatives. has the opportunity to raise any concerns or to
CGP010 Complaints and Concerns V1.2 Page 4 of 28 26/03/2024
make a formal complaint should they wish to. The policy outlines the expected practice
we will follow in relation to seeking to resolve matters of concern or formal complaint in
a timely way.
To achieve this, the policy and procedure is designed to:
Promote a culture within the Trust which welcomes expression of concern and
complaint as an opportunity to engage with service users and to put matters right
as quickly as possible.
Provide a complaints handling system which is fair for complainants and staff alike.
Facilitate coordinated handling of cross-boundary complaints.
Ensure that the lessons learned from complaints and feedback are used to improve
Trust services.
Ensure that the complaints procedure is open and transparent, easily accessible
and responsive to those who utilise it.
3. SCOPE
3.1 This policy and procedure is relevant to all staff employed by the Trust and will be
applied to all concerns and formal complaints received by the Trust. There are no
limitations to its circulation within the Trust and the wider NHS community, and it is
available to service users, their families and/or carers, and members of the public either
via the Trust website or upon request.
3.2 The following are excluded from the scope of this policy:
Complaints made regarding the management of Freedom of Information requests
and data protection issues. These concerns should be managed via the Trust
Information Governance Team.
Complaints made by organisations about a Trust service where the issue is
contractual or relates to a service level agreement. Disputes or queries of this
nature should be addressed as part of contract monitoring.
A complaint made by a Trust employee about any matter relating to his/her contract
of employment, including complaints about others employed by the Trust. Please
refer to the Trust Grievance Policy..
A complaint which is already under investigation or has been previously
investigated. by an external organisation such as the Parliamentary Health Service
Ombudsman PHSO., Local Government Ombudsman LGO. or Care Quality
Commission CQC..
A complaint where the complainant is solely wanting to take legal action for a claim
or compensation and does not wish to raise a complaint please refer to the Claims
Policy..
A complaint made more than 12 months after the event took place please see
section 8 for more detail..
A complaint where events have previously been investigated within the Trust’s
complaints procedure. If a complainant remains dissatisfied with the response to
their concerns an additional process can be offered please see section 11.4 for
more detail..
Complaints not relating to any Trust service. Where possible these will be forwarded
to the responsible organisation by the Service Experience Department, with the
agreement of the complainant please see section 13.2 for more detail..
CGP010 Complaints and Concerns V1.2 Page 5 of 28 26/03/2024
Please find attached the policy that you requested. CGPO10 Complaints and Concerns Policy attached