How Do I Complain About NHS Care in England?

Who this guide is for

You want to complain about NHS care or treatment in England: for example a hospital, GP surgery, dentist, optician, pharmacy, ambulance service, NHS 111 or community services such as district nursing. Anyone can complain, including young people, and someone else can complain for you with your consent.

This guide is about NHS complaints. It does not work out a compensation claim. The rules in Wales, Scotland and Northern Ireland are different.

What this guide does not cover

• Compensation claims for clinical negligence and their time limits: get legal advice. This guide does not cover them.
• Private treatment you paid for yourself, and social care: this guide does not cover them.
• Reporting a doctor, nurse or other professional to their professional regulator: this guide does not cover it.
• Getting a copy of your medical records: see our subject access request guide.

At a glance

• Complain to the service itself (the provider) or to the body that pays for it (the commissioner), but not both.
• Complain within 12 months of what happened, or within 12 months of finding out about it. The time limit can sometimes be extended if your complaint can still be investigated.
• You can complain in writing, by email or by speaking to someone.
• They must acknowledge your complaint within 3 working days.
• If you are not happy with the final response, you can go to the Public Service Ombudsman. It is free.
• Free NHS complaints advocacy can help you at any stage.

What the rules depend on

• Which NHS service is it, and was the care in England?
• When did it happen, and when did you find out about it?
• Have you complained yet, and to the provider or the commissioner?
• Have you had a final response that deals with all your concerns?
• Do you also want compensation? That is a separate claim.

Who to complain to

• The provider: the place where you had the NHS service, such as the hospital, GP surgery or dental surgery. Every NHS service must have its own complaints procedure. Ask staff, look in the waiting room or at reception, or check its website.
• Or the commissioner, the body that pays for the service: your local integrated care board (ICB) for GPs, dentists, opticians, pharmacies, hospital care, mental health services, out-of-hours services, NHS 111 and community services; NHS England for healthcare in prison, military health services and specialised services for rare and complex conditions; your council for public health services.
• You can only use one of them. If you have already complained to the provider, the commissioner will not investigate the same concerns again.
• Complaining to the commissioner can help if you do not feel comfortable complaining to the provider.
• If your complaint is about more than one organisation, for example your GP, a hospital and the ambulance service, they must work together to give you a co-ordinated response.
• PALS (the Patient Advice and Liaison Service) can give advice, help sort out concerns and explain the complaints process.

How to complain

• You can complain in writing, by email or by speaking to someone at the organisation.
• Say what happened, when and where, and what you would like to happen.
• The organisation must acknowledge your complaint within 3 working days. The acknowledgement can be spoken or in writing.
• It should explain the next steps and how your complaint will be handled. If it has not sent its response within 6 months, it must write to you to explain why.
• The final response should explain how your complaint was handled and tell you about your right to go to the Ombudsman.

The time limit

• Complain within 12 months of what happened, or within 12 months of it coming to your attention.
• The time limit can sometimes be extended, as long as it is still possible to investigate your complaint.

The Ombudsman

• If you are not happy with the final response, you can ask the Public Service Ombudsman to look at your complaint. It is free and independent of the NHS and the government.
• Before it can help, you normally need to have complained to the organisation and had a final response that deals with all your concerns.
• It may not be able to help if your complaint is over 12 months old, or if you are taking legal action. This guide does not cover exactly when the Ombudsman's 12 months start: ask the Ombudsman, and do not wait once you have the final response.

Getting help

• NHS complaints advocacy is free and can help at any stage. Search online for NHS complaints advocacy in your area.
• Healthwatch is an independent statutory body that helps make sure your feedback is listened to.

Compensation

• A complaint is not a compensation claim. A claim for clinical negligence is a separate court claim with its own time limits, and making a complaint does not stop that time running. Get legal advice quickly if you are thinking about one. This guide does not cover it.

Deadlines

• Your complaint: within 12 months of what happened or of finding out. It can sometimes be extended.
• Acknowledgement: within 3 working days.
• No response after 6 months: they must write to explain why.
• The Ombudsman: it may not help with a complaint that is over 12 months old.

Money figures

• This guide gives no money amounts.

Where to go for help

Traps

• Complain to the provider or the commissioner, not both: the commissioner will not look again at concerns the provider has already answered.
• The Ombudsman normally needs a final response from the organisation first.
• A complaint is not a compensation claim, and it does not stop the time limit for one.
• The Public Service Ombudsman covers the NHS in England. Wales, Scotland and Northern Ireland have their own ombudsmen.