MP's TO INVESTIGATE NHS COMPLAINTS SYSTEM

[Guest guest]

MPs to

investigate NHS complaints system

Ingrid

Torjesen

Monday,

8 November 2010

The Commons

Health Committee has announced that it will investigate rising complaints

against the NHS and how much it is costing the service in litigation.

The

inquiry follows publication last month of the Health Service Ombudsman report

on the first year of operation of the new complaints system, which found that

the NHS needed to listen harder and learn more from complaints.

The

chair of the public inquiry into Mid Staffordshire NHS Foundation Trust, which

began today, has also pointed out that “the Trust failed to listen to

patients' concerns, the Board did not review the substance of complaints and

incident reports were not given the necessary attention”.

Litigation

as a means of seeking redress for failures in treatment imposes a significant

cost on the NHS. NHS institutions spend hundreds of millions of pounds in

premium to insure against litigation, and that does not cover the independent

sector, including GPs, who make their own arrangements.

The

deadline for submitting written evidence is noon

on Tuesday 21 December 2010.

The

Committee is keen to receive written evidence on the following issues in

particular:

Complaints

The reasons for the recent sharp

rise in NHS complaints.

The effectiveness of the new

complaints system introduced on 1 April 2009.

The effectiveness of the

constituent parts of the complaints system: local resolution (supported by

the Independent Complaints Advocacy Services) and referral to the

Ombudsman.

The role of Patient Advice and

Liaison Services as a “gateway” to the complaints system.

The failure of some Foundation

Trusts to report numbers of complaints.

The Government’s plans for

future complaints-handling arrangements (the White Paper says, on p. 19,

“Local authorities will be able to commission local HealthWatch or

HealthWatch England to provide advocacy and support ... supporting

individuals who want to make a complaint”).

How data from complaints will

feed into the planned new commissioning arrangements (the White Paper

says, at Para. 2.26, “Building on existing complaints handling

structures, we will strengthen arrangements for information

sharing”).

Litigation

The cost of litigation against

the NHS.

Reasons for the inflation of

litigation costs in recent years.

The impact of conditional fee

(“no win, no fee”) arrangements on litigation against the NHS.

The effect of litigation on the

development of an open reporting and learning culture in the NHS.

The Government’s intentions

regarding the implementation of the NHS Redress Act 2006.

The possible benefits of a

statutory right to compensation for “treatment injury” from an

independent fund, without the need to prove negligence, as required under

tort law.

Encouraging the use of mediation

before litigation is initiated