How to Make an NHS Complaint: Your Rights and the Process

The NHS handles millions of patients every year, and sometimes things go wrong. Whether it is a misdiagnosis, poor communication, or a failure to provide appropriate care, you have the right to complain. But the NHS complaints process is complex, and many complaints are dismissed without proper investigation.

Your Rights Under the 2009 Regulations

The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 set out your rights. The NHS must acknowledge your complaint within 2 working days and provide a full response within 25 working days (or 30 days in complex cases). They must investigate your complaint fairly and provide a detailed explanation of their findings.

How to Make a Complaint

Start by contacting the NHS trust or GP practice directly. Ask to speak to the complaints department. Provide a clear, factual account of what happened, when it happened, and what harm resulted. Be specific—vague complaints are harder to investigate. Keep copies of all correspondence.

What Happens During Investigation

The NHS will assign someone to investigate your complaint. They will review your medical records, speak to the staff involved, and determine whether the NHS acted appropriately. This process should be thorough and fair. If the NHS provides a response that is vague, dismissive, or fails to address your concerns, you can escalate.

Escalating to the Ombudsman

If you are not satisfied with the NHS response, you can complain to the Parliamentary and Health Service Ombudsman (PHSO). The PHSO is independent and can investigate whether the NHS acted fairly. They can recommend compensation, apologies, and changes to NHS procedures. However, the PHSO will look closely at your written correspondence to determine if you gave the NHS a fair opportunity to resolve the issue.

Getting Help

A formal challenge letter to the NHS, citing the 2009 Regulations and specific failings in their investigation, can sometimes prompt a better response. If the NHS knows you understand your rights and are prepared to escalate, they are more likely to take your complaint seriously. Using StatutoryLetters.co.uk ensures your letter is legally grounded and impossible to ignore.