HC Deb 04 April 1995 vol 257 cc1039-40W
Mr. Llwyd

To ask the Secretary of State for Health what recourse is open to a patient who is aggrieved after the responsible medical officer for complaints has agreed to provide an independent professional review; and if she will make a statement. [18231]

Mr. Malone

The independent professional review is carried out by two consultants independent of the hospital involved and the result of their report is final in issues concerning clinical judgement, unless new evidence is brought to light in which case it is for the regional director of public health—or the medical officer for complaints in Wales—to consider what action to take which may include reconvening the IPR. Once the IPR process has reported, the chief executive of the hospital will write to the complainant.

If the complainant remains dissatisfied then he or she may refer their case to the Health Service Commissioner. However, the HSC may only investigate the process of the handling of the complaint. Under the present system complaints about clinical judgement are outside his jurisdiction. The complainant can also consider approaching the appropriate professional representative body, the General Medical Council, and/or taking legal advice.

The Department of Health recently published in the document "Acting on Complaints", copies of which have been placed in the Library, proposals for a simpler, speedier and more effective complaints procedure which will cover complaints about clinical judgement. The Government will introduce legislation as soon as the parliamentary timetable allows, to extend the jurisdiction of the HSC to cover all national health service complaints including complaints about the exercise of clinical judgement. These plans will be developed in more detail in consultation with the NHS, professional representative bodies and other interested parties in the coming months. The new NHS complaints procedure will be implemented from April 1996.