§ Mrs. FyfeTo ask the Secretary of State for Scotland if he will review the adequacy of provision for considering late complaints about dental treatment in cases where professional opinion verifies that the patient could not reasonably have been expected to realise there were grounds for complaint within the time limits set. [19047]
§ Lord James Douglas-Hamilton[holding answer 12 March 1997]No. On 1 April, after Mr. W. J. Duff had ceased to practice, a new system was introduced for the consideration of complaints against family health service practitioners, separately from discipline procedures. Normally complaints have to be made within six months of the event which is the subject of the complaint, or within six months of the patient becoming aware of the problem, provided that this is within 12 months of the event. There is, however, discretion to accept late complaints for investigation. Guidance issued to health boards makes it clear that this should be exercised with flexibility and sensitivity, and there is a procedure for decisions by complaints officers in health boards to be reviewed at the request of the complainer.
§ Mrs. FyfeTo ask the Secretary of State for Scotland for what reasons Moann Russell was awarded(a) the maximum amount for remedial treatment and (b) no compensation within the non-statutory complaints procedure in respect of NHS treatment. [19632]
§ Lord James Douglas-Hamilton[holding answer 12 March 1997]: Mrs. Russell's complaint was made on 11 June 1994 and therefore fell to be dealt with under the National Health Service (Service Committees and Tribunal) (Scotland) Regulations in force at the time, as did the determination of any sum payable to her for remedial treatment.
312WThe non-statutory complaints procedure came into force on 1 April 1996 for complaints made on or after that date.