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Complaint and redress - source of this right

1. You have the right to have any complaint you make about NHS services dealt with efficiently and to have it properly investigated

The source of this right:
The right is derived from the legislation governing the NHS complaints procedure, which sets out various obligations on NHS bodies in relation to the handling of complaints (National Health Service (Complaints) Regulations 2004).

In addition, regulations under the NHS Act 2006 governing the provision of GP and other primary care services require providers to have a complaints procedure.

2. You have the right to know the outcome of any investigation into your complaint

The source of this right:
The regulations governing the NHS complaints procedure impose a duty on NHS bodies to provide a written response (regulation 13 of the National Health Service (Complaints) Regulations 2004).

3. You have the right to take your complaint to the independent Health Service Ombudsman, if you are not satisfied with the way your complaint has been dealth with by the NHS

The source of this right:
This right is derived from the Health Service Commissioners Act 1993.
The Ombudsman will not investigate your complaint if you have not invoked and exhausted the NHS complaints procedures, unless under the circumstances it is not reasonable to expect you to have invoked or exhausted those procedures.

4. You have the right to make a claim for judicial review if you think you have been directly affected by an unlawful act or decision of an NHS body

The source of this right:
This right is derived from administrative law. It is not a right of appeal, but is concerned with the lawfulness of a decision or policy.

5. You have the right to compensation where you have been harmed by negligent treatment

The source of this right:
The law of negligence

 

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Page last updated on 01/07/2010

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