How Do I Complain About NHS Care in Scotland?

Who this guide is for

You want to complain about NHS care or treatment in Scotland: for example a hospital, GP practice, dentist, pharmacy or optician. You can complain yourself, or a friend, relative or advocate can complain for you with your consent.

This guide is about NHS complaints. The rules in England, Wales 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 NHS board or the practice that gave the care. There are two stages.
• Complain within 6 months of what happened, or within 6 months of finding out, but no later than 12 months after it happened. In exceptional circumstances a later complaint may be accepted.
• Stage 1, early resolution: a decision in 5 working days or less, unless there are exceptional circumstances.
• Stage 2, investigation: acknowledged within 3 working days, and a full response within 20 working days unless there is a good reason for needing more time.
• If you are still unhappy after Stage 2, you can go to the Scottish Public Services Ombudsman (SPSO).
• The Patient Advice and Support Service (PASS) gives free, confidential advice and support.

What the rules depend on

• Which NHS service is it, and was the care in Scotland?
• When did it happen, and when did you find out about it?
• Have you complained yet, and are you at Stage 1 or Stage 2?
• Have you had the Stage 2 final response?

How to complain

• Complain in person, by phone, by email or in writing to the practice or the NHS board that gave the care.
• Say what happened, when and where, and what you would like to happen.
• You will be told who is dealing with your complaint.

The time limit

• Normally, complain within 6 months of the event, or within 6 months of finding out that you have a reason to complain, but no longer than 12 months after the event itself.
• In exceptional circumstances a complaint may be accepted after the time limit. Tell them why the time limit should not apply to you.
• If they refuse to look at your complaint because of the time that has passed, you can ask the SPSO to review that decision.

The two stages

• Stage 1, early resolution: they aim to sort it out quickly, close to where you had the care, for example with an apology and explanation. You get their decision in 5 working days or less, unless there are exceptional circumstances.
• If you are not happy with the Stage 1 decision, you can take your complaint to Stage 2, straight away or some time after the decision.
• Stage 2, investigation: for complaints not resolved at Stage 1 and complex complaints. They acknowledge it within 3 working days, may discuss it with you, and give a full response within 20 working days unless there is a good reason for needing more time.

The Ombudsman

• If you are still unhappy after the Stage 2 response, you can ask the Scottish Public Services Ombudsman (SPSO) to look at it.
• The SPSO normally cannot look at a complaint that has not been through the complaints procedure, events you became aware of more than 12 months ago, or a matter that has been or is being considered in court.

Getting help

• The Patient Advice and Support Service (PASS) gives free, confidential advice and support to NHS patients in Scotland.

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 6 months of the event or of finding out, but no later than 12 months after the event.
• Stage 1 decision: 5 working days or less.
• Stage 2: acknowledged within 3 working days; full response within 20 working days unless there is a good reason.
• The SPSO: normally within 12 months of when you became aware of the matter.

Money figures

• This guide gives no money amounts.

Where to go for help

Traps

• Scotland's time limit is 6 months, not 12 months as in England and Wales, and it cannot normally run beyond 12 months after the event.
• The SPSO normally needs the Stage 2 response first.
• A complaint is not a compensation claim, and it does not stop the time limit for one.
• The Public Service Ombudsman (formerly the Parliamentary and Health Service Ombudsman) is for England, not Scotland.