Hospital Complaints Procedure Bill (Hansard, 20 June 1985)

§ Lord Colwyn
My Lords, I beg to move that the Bill be now read a third time.
At this stage it is, I believe, in order for me to thank all noble Lords who have contributed towards the passage of this Bill through your Lordships' House. The Bill was introduced by Mr. Michael McNair-Wilson in the other place. I must again pay tribute to his commitment and concern for patients within the National Health Service. Some of your Lordships will be aware that he is not completely fit at the moment. I am sure that you will join with me in wishing him a quick return to normal health. I am grateful, too, for the help that I have received from my noble friend on the Front Bench Lord Caithness and his department, and also the noble Lords, Lord Ennals, Lord Dean of Beswick, Lord Winstanley and the noble Baroness, Lady Masham, for their helpful contributions.
I mentioned at Second Reading the large number of procedures already available for complaints within the National Health Service. At present, they are clearly not adequate for the increased awareness of the public to their rights as consumers within the National Health Service. This Bill will allow for consultation and discussion within the National Health Service in the hope that an effective complaints procedure can be set up. The noble Lords, Lord Ennals and Lord Winstanley, have mentioned the view of the BMA who apparently regard the legislation as superfluous and unnecessary. I have had no contact with the BMA or its advisers which I hope means that it has been able to take a different view following the explanations that have been given in your Lordships' House and in another place. Although the number of complaints is comparatively small—about one in every 3,000 cases of treatment—the number is steadily growing, not, I am sure, with the intention of obtaining financial compensation but for the need of an adequate explanation as to why an action took place in a particular way.
The Bill will provide the Secretary of State with an opportunity to consider all the points that have been mentioned leading, I hope, to the introduction of a statutory complaints procedure which will be acceptable and beneficial to both patients and staff. Effective communication between patients and staff will inevitably reduce the number of complaints. Establishment of this more effective communication is what this Bill sets out to do. I beg to move.

§ Lord Ennals
My Lords, at this Third Reading stage, I should like very much to congratulate the noble Lord, Lord Colwyn, not only for the trouble that he has taken in introducing the Bill but also for the manner in which he has done so, for his willingness to accept amendments suggested by others and for enabling this House to act in its best possible tradition when it is non-party, as, over dinner, we are. It was not for the noble Lord, in a sense, a difficult task. It was, however, a very important task that he embarked upon. It was a task very well worthwhile undertaking.
As the noble Lord said in his brief speech, there are a variety of ways in which patients can, at the present time, voice their complaints. They can do so on the spot to a member of staff. They can, if they so wish, go to their Member of Parliament. They can use the Health Service Commissioner. There is, in a sense, almost a plethora of ways in which they can make their complaints, should they so wish. It is, however, right that we should now, for the first time, have a Bill which firmly says that, It shall be the duty of the Secretary of State to give to each health authority in England and Wales and to each Health Board in Scotland such directions …". The responsibility is placed, first, upon the Secretary of State to give advice; and, secondly, upon the health authorities to ensure that that advice is properly fulfilled. I have admired the way in which he has accepted the principle that no one should suffer in any way as a result of making a complaint, and for that matter that no one should be deterred from using his right to make a complaint, and equally that no one should say, "I did not know how I could complain". It is essential that written into the Bill there is the requirement that patients, if they want to make a complaint, should be informed of the means by which they can make the complaint. Therefore, there is no obstacle, except their own judgment, in regard to making a complaint or not doing so.
As the noble Lord has said, it so happens that the number who will wish to make a complaint is likely to be small. This is largely because we have a Health Service of which we are all very proud, on whichever side of the House we sit. Of all the services provided in this country it is the most popular with the public. I was looking at a very recent opinion poll that was published jointly by the National Association of Health Authorities and the Health and Social Services Journal, which showed that 70 per cent. of those who were questioned took a very positive view: they either thought that they were very well treated or that they were well treated. Of those questioned, only 12 per cent. felt that the service was not quite good enough; and 12 per cent. can be quite a lot. However, what was very interesting was that the highest proportion of satisfaction came from those who had actually been patients. I think that this speaks very well for the staff, be they doctors, nurses and ancillaries or members of professions supplementary to medicine. We have good reason to feel proud of those who work for the Health Service.
I do not take seriously a comment made by the BMA or anyone else who thinks that the noble Lord has rendered an unnecessary service. I think that he has rendered a very useful service which I am sure will be broadly appreciated not only by the staff in the 431 National Health Service but by those who are most important of all—the patients. I warmly congratulate the noble Lord.

The Earl of Caithness
My Lords, it is an almost rare occurrence to be able to agree with every single word of the noble Lord, Lord Ennals. Now that he has been able to agree with me, as I am with him, I am sure that the health service will go from strength to strength with ever-increasing good will from the Government. I should also like to thank my noble friend Lord Colwyn for the way in which he has introduced this Bill, for his hard work, and for his amendments. I think that the Bill will be a great step towards better communication with the service.