Complaints and communication needs

Also called NHS complaints, Social care complaints, Complaints advocacy, Ombudsman

How to complain when the problem is that a service could not or would not communicate with you, and how to make the complaint itself accessible.

What it is

A complaint is a formal statement to a service that something went wrong, with a request for it to be put right. Every NHS body and every council in the UK must have a complaints procedure, must accept complaints in any format, and must make reasonable adjustments to the process itself. Care providers registered with a regulator must have one too.

When the thing that went wrong is communication, an interpreter not booked, a letter sent in a format you cannot read, a person talked over or ignored, the complaint is about a breach of duty, not a matter of politeness, and it should be written that way.

Who it can help

Anyone who was not communicated with properly by a service, and anyone who supports them. Families and carers can complain with the person's agreement, or on their behalf where the person cannot. Complaining is not the same as being difficult; a service that gets the same complaint three times changes, and one that gets none does not.

A complaint is not a way of forcing a particular clinical decision, and it will not get compensation in most cases. Its outcomes are an explanation, an apology, and a change. For an individual right to be enforced, the Equality Act route through the courts exists separately and has a six-month limit.

How it works

Stage one is the service itself: the practice manager, the hospital's patient advice and liaison service in England, the council's complaints team, the care home manager. The complaint can be made by letter, email, phone, in person, in BSL by video, or through an advocate. The service must acknowledge it, investigate, and reply in writing in a format you can use. NHS complaints in England should be made within 12 months.

Stage two, if you are not satisfied, is the ombudsman: the Parliamentary and Health Service Ombudsman for the NHS in England and the Local Government and Social Care Ombudsman for councils and care, with equivalents in Scotland, Wales and Northern Ireland. In England, free NHS complaints advocacy is a statutory service commissioned by every council, and the advocate will help you write and pursue the complaint.

Getting started

Write the complaint as three short parts. What was supposed to happen, with the duty named: "under the Accessible Information Standard my need for a BSL interpreter was recorded". What happened instead, with dates. What you want: a written explanation, an apology, the need flagged on the record, staff training. Keep it to a page.

State at the top how you need the reply: by email, in easy read, in BSL, through a named supporter. If you use a talking board, you can compose the complaint in it and copy the text out, or ask the advocate to write while you speak through the device. Send it, keep a copy, and diary the date the acknowledgement is due.

Where to get help

The NHS England's complaints page explains the England route. Free NHS complaints advocacy is provided in every English council area; ask the council or search for your local provider. Mind covers complaints about mental health services. RNID and Sense advise on complaints about access for Deaf and deafblind people. Disability Rights UK for the Equality Act route. See also independent advocacy.