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Your Rights & Privacy NHS Lothian

FAQ

1. Who can give feedback?

NHS Lothian welcomes and values all feedback, and anyone can provide it. Feedback includes compliments, enquiries, comments, concerns and complaints.

2. Can I provide Feedback on another persons behalf?

If you are complaining for another person, NHS Lothian will need to check that the person has agreed to you making the complaint on their behalf. We will also need to check they have consented to personal information about their healthcare being shared as part of the complaints-handling process. If they have not agreed or consented, NHS Lothian will need to take this into account when handling and responding to your complaint. However, all complaints are recorded and reviewed because this helps NHS Lothian identify ways of improving services. You can complain for another person if:

  • You have a welfare power of attorney or a welfare guardianship order for someone who cannot make decisions for themselves, and the order permits you to make a complaint about health care
  • You are a relative of, or were in a relationship with, a patient who has died and you are concerned about how they were treated before they died, or
  • You are acting as an advocate for the patient (see page for more about advocacy).

If you are not the patient, we will need to obtain their consent so that we can act on this information, you can download a consent form here.  Please note that the form requires a ‘wet signature’, we can accept a photograph of the completed form.

3. How long do I have to make a complaint?

NHS Lothian has a time limit for complaints. Normally, you must make your complaint within six months of:

  • the event you want to complain about, or
  • finding out you have a reason to complain, but no longer than 12 months after the event itself.

4. What can I provide feedback about?

NHS Lothian is committed to improving the services it provides for patients and their families. We encourage all forms of feedback, including complaints, and use it to continuously improve our services. It is important for you to be able to distinguish between compliment, concerns and complaints. Please click here to find out the Definition of Compliment, Concerns and Complaints

5. What should I include in my feedback?

The more information you provide, the easier it is for us to understand your feedback and manage it in a thorough and timely manner. It is particularly helpful that we have sufficient information when investigating complaints. Below is a checklist of useful information to include in your feedback, but please do not worry if you are unable to provide it all: If it is easier please use this link to our online feedback form.

  • The patient’s name, address, telephone number and date of birth
  • If you are providing feedback on the patient’s behalf, your name, address, telephone number and relationship to the patient
  • A description of the event, including the date and ward/hospital it occurred and if any particular staff were involved
  • What you hope to happen from the feedback
  • If a complaint or concern, details of how we could resolve it.

6. What happens when I complain?

NHS Lothian aims to resolve complaints quickly and as close to the point of service as possible. This could mean an on-the-spot apology and an explanation if something has clearly gone wrong, and immediate action to resolve the problem. NHS Lothian has a two-stage complaints procedure. There’s also the right to take your complaint to the Ombudsman if you are unhappy with the Board’s investigation.

* Stage 1 – Early resolution

If your complaint is straightforward and can be easily resolved, staff will try to sort it out in five working days or less, unless there are exceptional circumstances. This stage of the complaints process is called ‘early resolution (Stage 1)’.

* Stage 2 – Investigation

 If your complaint is more serious and complex, or has not been resolved at the early resolution stage, it will need to be investigated. This is called the ‘investigation (Stage 2)’. At the investigation stage, staff will write to you within three working days to acknowledge your complaint. They may also get in touch by phone to discuss your complaint with you and to understand what outcome you are looking for.

7. When will I get a full response?

Staff will write to you with a full response within 20 working days of receiving your complaint at the investigation stage. This response should:

  • Show staff have looked into your complaint
  • Reply to all the points you made
  • *Offer you an apology if things have gone wrong
  • Explain what action has been taken or will be taken to stop what you complained about happening again
  • If necessary, explain why NHS Lothian cannot do anything more about some parts of your complaint
  • Include information about the Scottish Public Services Ombudsman in case you are unhappy with the response or the way your complaint has been handled and you want to take things further

In some cases, we may need more time to give you a full response and we may not be able to keep to these times. If this happens, staff will let you know and tell you why.

8. What if I am not happy with the way the NHS has handled my complaint?

If NHS Lothian has fully investigated your complaint and you’re still not happy, you can ask the Scottish Public Services Ombudsman to look at it. The Ombudsman cannot normally look at:

  • A complaint that has not completed our complaints procedure, so please make sure it has done so before contacting the Ombudsman
  • Events that happened, or that you became aware of, more than 12 months ago, or
  • A matter that has been or is being considered in court.

You can contact the Ombudsman:

In person: If you would like to visit in person, you must arrange an appointment first by phoning 0800 377 7330. Scottish Public Services Ombudsman, Bridgeside House, 99 McDonald Road, Edinburgh, EH7 4NS. They are open Mon, Wed, Thurs & Fri 9am-5pm; Tues 10am-5pm. They do not offer home visits as part of their investigation process. However, they will make reasonable adjustments if deemed appropriate.

In writing: Scottish Public Services Ombudsman, Bridgeside House, 99 McDonald Road, Edinburgh, EH7 4NS.

Or

Freepost SPSO (This is all you need to write on the envelope, and you don’t need to use a stamp.)

By phone: 0800 377 7330

Online : www.spso.org.uk/contact-us

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