Complainants may be existing or former patients using the Trust's services and facilities, as well as their relatives/carers.Ìý Members of hospital staff and other health professionals including the GP may also complain about aspects of a patient's care or may raise it through the Ìý
A complaint may be made by the person who is affected by the action, or it may be made by a person acting on behalf of a patient in any case where that person:
- is a child (an individual who has not attained the age of 18);
In the case of a child, we must be satisfied that there are reasonable grounds for the complaint being made by a representative of the child, and additionally that the representative is making the complaint in the best interests of the child.
In the case of a person who has died, the complainant must be the personal representative of the deceased. The Trust needs to be satisfied that the complainant is the personal representative. Where appropriate it may be necessary to request evidence to substantiate the complainant's claim to have a right to confidential information about the deceased patient's medical care.
- has physical or mental incapacity;
In the case of a person who is unable by reason of physical capacity, or lacks mental capacity within the meaning of the Mental Capacity Act 2005, to make the complaint themselves, the Trust needs to be satisfied that the complaint is being made either at the express request of a physically disabled patient or in the best interests of the person lacking mental capacity on whose behalf the complaint is made. See related Policy -
- has given consent to a third party acting on their behalf;
In the case of a third party pursuing a complaint on behalf of the person affected we will request the following information:
- Name and address of the person making the complaint;
- Name and either date of birth or address of the affected person; and
- Contact details of the affected person so that we can contact them for confirmation that they consent to the third party acting on their behalf.
This will be documented in the complaint file and confirmation will be issued to both the person making the complaint and the person affected.
- Has delegated authority to act on their behalf, for example in the form of a registered Power of Attorney which must cover health and welfare (as distinct from property and financial affairs).
- Is an MP, acting on behalf of and by instruction from a constituent.
If the Trust is of the opinion that a representative does or did not have sufficient interest in the person's welfare, or is not acting in their best interests, we will notify that person in writing.
The complainant must be told that, in order not to be in breach of patient confidentiality, any matters relating to the patient's care and treatment can only be answered with the patient's consent. This does not mean that the matters raised cannot be investigated, but it does mean that the Trust is obliged not to divulge any confidential information about the patient's care and treatment in its response.