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Internal Complaints and Disciplinary Procedures
If there are concerns about the care that an individual received prior to his or her death, a complaint may be made to the relevant body.
If a complaint is made about a police officer, this will be recorded and investigated. At the conclusion of the investigation a report will be made to the IPCC to consider any proposals for disciplinary action. If a disciplinary hearing takes place, the complainant has a right to attend. Although the complainant may be supported by a friend or relative, there is no provision to allow legal representation. The hearing will also be held in private.
Where a person dies under NHS care, the National Health Service Complaints procedure applies. This is independent of any disciplinary action that may or may not follow from a successful complaint. The relatives of an individual who has died while under the care of the NHS do not have the right to be involved in the disciplinary process or to be informed of the outcome of such procedures. The complaints procedure requires a complainant to make a complaint within six months of the event or within six months of that there is something to complain about as long as that is not more than twelve months after the event itself. The time limits may be waived if there is a good reason why the complainant was not able to complain sooner. A complaint should first be made to the local organisation (for example hospital, GP or dentist). If still dissatisfied, the complainant has the right to an independent review, which should be requested within 28 days of the outcome of the local resolution. A convener will consider the complaint and decide whether an independent review panel should be convened. If this takes place, the complainant will receive a copy of the panel’s report. If the complainant is still dissatisfied he or she can ask the Health Service Commissioner to investigate the complaint.
There are no corresponding provisions for patients who die whilst under the care of private healthcare providers, who may be subject to their own internal complaints procedures.
A further complaint may be made to the Mental Health Act Commission if there is concern that a healthcare provider has failed to comply with the MHA and Code of Practice 1993.
If a complaint is made about a police officer, this will be recorded and investigated. At the conclusion of the investigation a report will be made to the IPCC to consider any proposals for disciplinary action. If a disciplinary hearing takes place, the complainant has a right to attend. Although the complainant may be supported by a friend or relative, there is no provision to allow legal representation. The hearing will also be held in private.
Where a person dies under NHS care, the National Health Service Complaints procedure applies. This is independent of any disciplinary action that may or may not follow from a successful complaint. The relatives of an individual who has died while under the care of the NHS do not have the right to be involved in the disciplinary process or to be informed of the outcome of such procedures. The complaints procedure requires a complainant to make a complaint within six months of the event or within six months of that there is something to complain about as long as that is not more than twelve months after the event itself. The time limits may be waived if there is a good reason why the complainant was not able to complain sooner. A complaint should first be made to the local organisation (for example hospital, GP or dentist). If still dissatisfied, the complainant has the right to an independent review, which should be requested within 28 days of the outcome of the local resolution. A convener will consider the complaint and decide whether an independent review panel should be convened. If this takes place, the complainant will receive a copy of the panel’s report. If the complainant is still dissatisfied he or she can ask the Health Service Commissioner to investigate the complaint.
There are no corresponding provisions for patients who die whilst under the care of private healthcare providers, who may be subject to their own internal complaints procedures.
A further complaint may be made to the Mental Health Act Commission if there is concern that a healthcare provider has failed to comply with the MHA and Code of Practice 1993.
