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MedExpress:

Complaints Policy

This is a version-dated policy, and is updated every six months.

1. Policy Overview

This policy is concerning complaints being made to MedExpress by service users, i.e. patients.

For other complaints, for example from healthcare professionals or members of the public concerning data protection, please see our policy entitled ‘Data Protection and Privacy Policy’ on our website.

It is MedExpress policy that all complaints will be dealt with as quickly as possible with the aim of bringing the complaint to a satisfactory conclusion. MedExpress will also ensure that: 

All complainants will be treated with respect and dignity. No discrimination including age, gender, disability, ethnicity, religion, sexual orientation will occur as a result of making a complaint.

The complainant will receive a letter of response from the Richard Allan Snr. addressing their concerns, with demonstrable lessons learnt, actions taken and an apology if appropriate. 

MedExpress will approach any complaint in an honest and open way, with the prime aim of resolving the problem, satisfying the concerns of each complainant and learning from the experience. We will listen and respond to concerns/complaints by: 

  • Dealing with each case according to its unique nature and the expectations of the complainant. 
  • Focussing on outcomes rather than processes. 
  • Acknowledging the complaint within 3-5 working days. 
  • Negotiating an agreed timescale to complete the investigation that is proportionate to the nature of the complaint. 
  • Ensuring ease of access to the complaints’ process for patients and complainants. 
  • Advising them of the support network available who can offer them a wide range of additional help. 
  • Recording, analysing and identifying trends relating to all complaints and suggestions.
  • Acknowledging and responding to every suggestion or complaint, whether received in a written or verbal format. 
  • Ensuring sensitive and flexible handling of suggestions and complaints. 
  • Ensuring staff and managers involved in responding to complaints are engaged throughout the process and have confidence in the fairness of the complaints’ procedure. 
  • Facilitating a joint process in instances where the complaint crosses more than one organisation. 

1.1  Incident Investigation Grading Complaints

The complaints process can assist in improving the quality of care and minimising risk by listening to service users and using this as an opportunity for MedExpress to learn from their experiences. When examined in conjunction with reported incidents, accident and near misses, complaints allow trends to be identified at both a local service and strategic level. Implementation of lessons learnt should lead to non-recurrence and prevent more serious incidents or complaints occurring.

All reported complaints or will be graded according to severity, as well as potential future risk to patients and/or the company. The grading is as follows:

Low Risk
Unsatisfactory service or experience not directly related to care. No impact or risk to provision of care

OR

Unsatisfactory service or experience related to care, usually a single resolvable issue. Minimal impact and relative minimal risk to the provision of care or the service. No real risk of litigation.
Medium Risk
Service or experience below reasonable expectations in several ways, but not causing lasting problems. Has potential to impact on service provision. Some potential for litigation.
High Risk 

Significant issues regarding standards, quality of care and safeguarding of or denial of rights. Complaints with clear quality assurance or risk management issues that may cause lasting problems for the organisation, and so require investigation. Possibility of litigation and adverse publicity. 

OR

Serious issues that may cause long-term harm, such as grossly sub-standard care, professional misconduct or death. Will require immediate and in-depth investigation. May involve serious safety issues

1.2 Staff Complaints 

Staff who have concerns about the care or treatment given to an individual or a particular group or by another member of staff should not use this complaints process, but are encouraged to raise concerns with Richard Allan Snr. where appropriate. Staff should also be made aware of the MedExpress’ Whistle Blowing Policy and Grievance Policy. 

1.3 Review

This Complaints Policy will be reviewed regularly.

MedExpress will:

  • Ensure that there is always one person with overall responsibility for data protection. Currently this person is Richard Ronald Allan, one of the directors.
  • Provide training for all staff members who handle personal information and ensure access to further guidance and support. 

  • Provide clear lines of report and supervision for compliance with data protection. 

  • Carry out regular checks to monitor and assess new legislation. 

  • Provide clear lines of report and supervision for compliance with data protection. 

  • Carry out regular checks to monitor and assess new legislation. 


Employee Responsibilities:

  • Observe all forms of guidance, codes of practice and procedures about the collection and use of personal information. 

  • Understand fully the purposes for which MedExpress uses personal information.

  • Collect and process appropriate information, and only in accordance with the purposes for which it is to be used by MedExpress to meet its service needs or legal requirements. 

  • Ensure the information is destroyed (in accordance with the provisions of the Act) when it is no longer required. 

  • On receipt of a request by or on behalf of an individual for information held about them will immediately notify their line manager. 

  • Not send any personal information outside of the United Kingdom without the authority of the Caldicott Guardian. 

  • Understand that breaches of this Policy may result in disciplinary action, up to and including dismissal. 

2. Complaints Procedure Overview

All complaints must be treated seriously and dealt with promptly, sensitively and in a confidential manner. 

The purpose of the Complaints Procedure is not to apportion blame, but to investigate complaints and, as far as possible, to satisfy complainants, in addition to learning lessons for improvement in service delivery. The Complaints Procedure is separate from the Disciplinary Policy. Some complaints may identify information about serious matters, which indicate a need for investigation. Should this situation arise, this will be handled as a separate process, in accordance with our Disciplinary Policy. 

Correspondence relating to the investigation of complaints must always be kept separate from patients' clinical records. In accordance with Department of Health Guidelines ‘For the Record: Managing NHS Records – March 1999’, complaint case papers should be retained for a minimum period of 10 years. 

Complainants may have a right to copies of documents relating to them, both manual and computerised. If a case proceeds to a request for review by the Parliamentary and Health Service Ombudsman, written comments made by managers, together with any relevant clinical records, may need to be made available to the complainant and to the Parliamentary and Health Service Ombudsman.

2.1 Complaints Process

Who can complain and what can they complain about? 

A complaint may be made by a person who receives or has received services from MedExpress or a person who is affected, or likely to be affected, by the action, omission or decision of MedExpress which is the subject of the complaint. 

The potential subject of a complaint is therefore wide and not just related to clinical care. Each complaint must be taken on its own merit and responded to accordingly. If the patient or affected person is unable to complain then someone acting with their consent can complain on their behalf. If the patient or affected person is unable to act through physical incapacity, or through lack of capacity within the Mental Capacity Act 2005, then consent is not needed. Complaints may also be made in respect of deceased patients, usually by the next-of-kin, although the release of personal information may be limited, in accordance with the provisions of the Access to Health Records Act 1990. 

2.2 Time Limit for Initiating a Complaint 

Normally a complaint should be made within twelve months from the date of the incident that caused the problem, or within twelve months of the date of discovering the problem. There is, however, discretion to extend this time limit if the complainant had good reason for not making the complaint sooner and notwithstanding the delay it is still possible to investigate the complaint effectively and fairly. 

2.3 Local Resolution and Review 

In investigating a complaint, we will endeavour to:


  • a) discover what happened and what went wrong;
  • b) help the complainant to discuss the problem with those concerned;
  • c) ensure the complainant receives an apology, where this is appropriate; 
  • d) identify what can be done to make sure the problem is not repeated. 

There are now only two stages to the complaints procedure and every effort should be made to resolve the complaint locally. Local resolution can be defined as resolving a complaint within the organisation without the involvement of the Health Service Ombudsman, but could involve independent advocacy or a mediation service. Where this has been exhausted without the complaint being resolved to the complainant’s satisfaction, then MedExpress will advise the complainant of their rights to contact the Health Service Ombudsman and provide them with the details to do so. 

2.4 Time Limits for Different Types of Response 

Whether a complaint is received in an Oral or Written manner, we will respond to all complaints within two working days, with a formal acknowledgement of having received the complaint.

We expect to complete all investigations around complaints within 30-40 working days; however, this is dependent on the complexity of the case, and will need to be dealt with on a case-by-case basis, as some complaints may take longer to investigate.

We aim to resolve all complaints within five to ten working days. But due to the complexity of some complaints, this can be longer, and so generally we have a maximum limit of responding to all complaints, whether Oral or Written, with 25 working days, which allows ample time for carrying out a thorough investigation, especially as in most cases—due to the fact we work largely alongside NHS organisations—the investigation will involve multi-disciplinary involvement, which can slow down the process of investigation.

2.5.1 Further details: Oral complaints

When a complaint is received orally a written record of the complainant’s personal details (name, address, contact phone number etc.) and the subject matter of the complaint should be recorded. This record should then be sent to the complainant asking them to clarify that the details are correct and that they are happy with the time scale of 25 working days. Where complainants are unhappy with this time scale, this should be referred to MedExpress management, who will discuss the matter further with the complainant to agree the time scale. 

2.5.2 Further details: Written complaints

Written complaints will be initially logged and where possible will be contacted to establish and agree the time scale for a written response. MedExpress will normally respond to a complaint as soon as possible and with agreement from the complainant will work towards a time scale of 25 working days. This period may decrease if the complainant is unhappy with the length of time suggested or may increase if there are genuine problems that are prohibiting the investigation to complete within the time scale. 

Once the time scale has been agreed an acknowledgement letter is sent within three working days. This acknowledgement letter will explain the complaints process and indicate that a written response will be given within the agreed timescale and if still unresolved, a letter detailing progress will be sent. The letter will also include information where the complainant can seek independent support during the process. 

6. Receiving our Response and Dissatisfaction with our Response

In the response letter the complainant will be invited to contact us if they have any further concerns or are dissatisfied with the response received. They will also be advised of their right to request a review of their case by the Health Service Ombudsman.

If we fail to respond to your complaint within 3-5 working days or if you are dissatisfied in any other way with the nature of our response, please address your concern to: CQC National Customer Service Centre, Citygate, Gallowgate, Newcastle upon Tyne, NE1 4PA

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