This guide explains who we are, what we do and how to refer people to us. It explains how the Parliamentary and Health Service Ombudsman's processes fit in with the complaints procedures of your organisation.
If the person making a complaint, or someone representing them, is not satisfied when they reach the end of your organisation’s complaints procedure, they can bring their complaint to the Ombudsman.
You need to tell them about this option and provide contact details in your final response letter. This guide explains how to do that.
It is one of the Good complaint handling series, designed to help you meet the NHS Complaint Standards. Read it alongside the Model complaint handling procedure and other Good complaint handling guides.
What standards and regulations are relevant to this guide?
- The Complaint Standards set out expectations to help you deliver good complaint handling in your organisation.
- The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 set out what the law says you must do.
Promoting a learning culture
- Senior staff make sure staff are supported and trained in all aspects of dealing with complaints, from identifying a complaint to issuing a response, so that they meet the expectations set out in the Complaint Standards. This should include how to manage challenging conversations and behaviour.
Giving fair and accountable responses
- Staff make sure they tell people about their right to complain to the Ombudsman if they are not satisfied with the written final response at the end of the organisation’s complaint process.
‘As soon as reasonably practical after completing the investigation, the responsible body must send the complainant in writing a response, signed by the responsible person, which includes… details of the complainant’s right to take their complaint to the Health Service [Ombudsman].’
Tip: Every year, lots of people complain to the Ombudsman too early before they have received the final written response from the organisation they are complaining about. You can help people understand when to approach the Ombudsman by directing them to the Ombudsman’s website or helpline.
What you need to do
The Parliamentary and Health Service Ombudsman independently investigates complaints about UK Government departments, other public organisations and the NHS in England. Our service is completely free, fair and open to everyone.
Before someone comes to us, they need to complain to your organisation and give you a chance to respond to their concerns.
If someone is unhappy with how your organisation has answered their complaint, they have a right to ask the Ombudsman to look into it for them. You need to make sure they are aware of this.
- Explain the Ombudsman’s role in any information you provide about your complaints process. This includes on your website and in any leaflets or letters that explain how your organisation deals with complaints.
- Make sure your final written response to every complaint explains that if the person wants to take the matter further, they can approach the Ombudsman.
- Explain that the Ombudsman’s service is free to everyone.
- Provide details of the Ombudsman’s website (www.ombudsman.org.uk) and helpline (0345 015 4033).
- Remind people where else they can find advice and support to make their complaint, if they need it.
Sample paragraph explaining the Ombudsman’s role
If you’re unhappy with the way we have dealt with your complaint and would like to take the matter further, you can contact the Parliamentary and Health Service Ombudsman.
The Ombudsman independently investigates complaints about the NHS in England, UK Government departments, other public organisations. Its service is completely free, fair and open to everyone.
There is a time limit for making your complaint to the Ombudsman, so make sure you do this as soon as possible so you do not miss your chance for a final, independent decision on your complaint.
To take a complaint to the Ombudsman, or to find out more about the service, go to www.ombudsman.org.uk or call 0345 015 4033.
Find out more
To find out about other sources of help, support and advice, see Independent advice and support services.
- If someone wants to complain to the Ombudsman, advise them to do this as soon as possible or within 12 months of becoming aware they have something to complain about.
The Ombudsman can sometimes make exceptions where there is a good reason for a delay, but this is not guaranteed.
You can use, or adapt, the sample paragraph above in your communications.
Tip
As well as including information about the Ombudsman in the letter, include a link to the Ombudsman’s leaflet How we can help you or include a printout in your final letter.
There are several ways to log a complaint:
- Online by completing the online complaint form on the Ombudsman’s website
- On paper by downloading and printing a complaint form from our website at or by writing a letter to: Parliamentary and Health Service Ombudsman, Citygate, Mosley Street, Manchester M2 3HQ
- By email at phso.enquiries@ombudsman.org.uk
- By phone on 0345 015 4033.
Once the Ombudsman receives a complaint, if our casework staff think your organisation can do more to resolve the complaint, we may contact you to discuss this.
If the complaint is not about NHS-funded care in England, then you may need to signpost the person to another Ombudsman or a regulator.
Find out more
If you are not sure which ombudsman or regulator to signpost the person to:
- see the listing on the Ombudsman Association’s website
- use our complaint checker
- ring our helpline on 0345 015 4033 for advice.
The Care Quality Commission (CQC) has powers under the Mental Health Act that allows it to consider and investigate complaints in relation to care provided to those detained under the Act. They can look into complaints from, or about, people who have been detained in hospital, or subject to a community treatment order or guardianship.
However, the CQC’s powers are discretionary and limited. They do not extend to reviewing any clinical decisions. This includes:
- decisions taken around clinical judgment/opinion such as the decision to detain, diagnosis, prescribing of medication (when considered lawful to do so)
- decisions to discharge from hospital/detention.
Visit the CQC website to find out more about how to complain about the use of the Mental Health Act.
Find out more
Factsheet for NHS organisations about the LGSCO/PHSO joint working team