HC Deb 19 July 1988 vol 137 cc583-5W
Mr. Fearn

To ask the Secretary of State for Social Services whether health authorities will be responsible for dealing with complaints about services which they have contracted out, including complaints about services provided to National Health Service patients in non-National Health Service hospitals used on an agency basis.

Mrs. Currie

Where a complaint is made by a National Health Service patient the appropriate district health authority has a duty to investigate that complaint irrespective of the location where such treatment is provided.

Mr. Fearn

To ask the Secretary of State for Social Services what is his policy towards hospitals accepting and responding to complaints from people who are not patients at the hospital, including people who are on waiting lists, in the same manner as they deal with complaints from patients.

Mrs. Currie

The Hospital Complaints Procedure Act 1985 is concerned only with procedures for complaints about treatment received as an in-patient or an out-patient. However, we expect any other complaint directed to a health authority to be dealt with in accordance with the principles of circular HC(88)37, which was issued to all health authorities in June.

Mr. Fearn

To ask the Secretary of State for Social Services why circular HC(88)37 says that a complaint may he made on behalf of a patient only if the patient is unable to make a complaint, and not merely if he chooses to exercise that option; and if he will make a statement.

Mrs. Currie

The procedures are intended to enable individual patients to bring to the attention of health authorities aspects of their care about which they are unhappy. It is in keeping with this approach for complaints normally to be made by the individual concerned. However, help from others in drawing up their complaint is not precluded.

Mr. Fearn

To ask the Secretary of State for Social Services why circular HC(88)37 says that a complaint must be made with the consent of a capable patient concerned, irrespective of the validity of the complaint; and if he will make a statement.

Mrs. Currie

It would be quite appropriate for a complaint about an individual's treatment to be made without their knowledge or consent.

Mr. Fearn

To ask the Secretary of State for Social Services (1) whether regional health authorities are intended to monitor complaints which they receive, on clinical matters or otherwise, in a similar manner to that specified for district health authorities; and whether he will make a statement;

(2) if he will issue directions to regional health authorities on managing their services in the same way as in the directions issued in annex A of HC(88)37, to district and special health authorities; and if he will make a statement.

Mrs. Currie

We have no plans to make further directions. We expect regional health authorities to follow the principles of HC(88)37 in dealing with complaints concerning their activities even though the services that they provide are not covered by the Hospital Complaints Procedure Act.

Mr. Fearn

To ask the Secretary of State for Social Services what discussions he has recently held with the medical defence societies regarding the investigation of complaints; and what undertakings they have given him on this matter.

Mrs. Currie

The content of circular HC(88)37 was fully discussed with representatives of the medical profession. The medical defence societies responded to the consultation exercise in October 1986. The complaints procedure set out therein is statutory, as required under the Hospital Complaints Procedure Act 1985.

Mr. Fearn

To ask the Secretary of State for Social Services what is his policy on permitting a person who wishes to complain out of time to appeal to the health authority against a decision by the designated officer not to exercise a discretion to investigate his complaint; and if he will make a statement.

Mrs. Currie

It is open to a complainant to appeal to a district health authority against a decision made by a designated officer. The exercise of this discretion is also a matter which can be investigated by the Health Service Commissioner.

Mr. Fearn

To ask the Secretary of State of Social Services what is his policy on all reports concerning the monitoring of complaints being made available to appropriate community health councils.

Mrs. Currie

Where a community health council assists an individual with his complaint, the council should be advised of the outcome.

Mr. Fearn

To ask the Secretary of State for Social Services what is his policy on the extent to which health authorities should normally receive reports about monitoring of complaints in the public part of their meetings, and reserve for private consideration only material which might identify an individual patient or innocent member of staff.

Mrs. Currie

In our view only information of a personal nature concerning specific complaints need be excluded from the public part of an authority meeting.

Mr. Fearn

To ask the Secretary of State for Social Services if he will reissue circular HC(88)37 to include provision for a complainant to draw to the attention of a health authority shortcomings in the latter detailing the results of an investigation, and for the authority to investigate them further.

Mrs. Currie

The report of the designated officer represents a formal response on behalf of the health authority. However it is always open to a complainant to take the matter up with the chairman of the authority or to seek an independent investigation by the Health Service Commissioner, if they remain dissatisfied.