You have the right to give feedback or make a complaint about any aspect of NHS service using the NHS patient feedback and complaints procedure.
To complain, you must:
It's possible to complain on behalf of someone else. If you want to do this, you'll need the person's consent to act on their behalf.
If you're a relative or friend of someone who can't give permission for you to complain on their behalf because they're ill, disabled or dead, you can make the complaint if it's agreed that you're a suitable representative.
You can complain about any aspect of NHS service you've received from a hospital, GP practice, NHS dentist, ambulance or other NHS service.
You can complain about issues including:
These are just some examples. If you're in doubt about whether you can make a complaint, you can contact the Patient Advice and Support Service (PASS).
You can't use the complaints procedure to:
You might want a doctor, nurse or other medical professional to be disciplined because of what they have or haven't done. Making a complaint won't necessarily mean that they will be disciplined, even if the complaint goes your way. This is because the NHS complaints procedure and disciplinary procedure are separate. You might want to complain to a professional regulatory body as well.
If you think an NHS practitioner is guilty of professional misconduct, you might be able to complain to the practitioner's professional or regulatory body. If a practitioner is found guilty of professional misconduct, they can be stopped from practising in the future.
You can complain to a professional body even if you've also made a complaint under the NHS complaints procedure. But if an investigation has already started under the NHS complaints procedure, the professional body can decide to wait for the outcome of this procedure before deciding what action it should take.
To find out more about the appropriate professional body, you can read a leaflet called 'Who regulates health and social care professionals' on the General Medical Council (GMC) website. This leaflet outlines which regulatory body is responsible for monitoring each profession and what regulation means. It also provides contact details for all the regulatory bodies. Large-print versions of the leaflet are available.
If you want to get compensation because your health was harmed because of medical negligence, you'll need to take separate legal action.
If you want to get money back, for example for lost property, damaged goods or loss of earnings, it's worth asking the NHS complaints team how to make a claim, because NHS boards have the power to help in these cases. You can ask the Patient Advice and Support Service (PASS) for help.
You should make your complaint as soon as possible after the action you want to complain about. The NHS has a time limit for complaints. Normally, you must make your complaint:
There's discretion to waive the time limit if it would be unreasonable to expect you to have complained in time, for example because of grief or trauma. If it's decided not to extend the time limit, you should be given a clear explanation of the basis for this decision.
There are two stages to the NHS complaints procedure:
The complaints procedure is the same for GPs, opticians, dentists, hospitals and any other NHS care provider. In all cases, the focus is on finding a solution quickly and locally if possible. For example, you might be given an on-the-spot apology.
If you want to complain, you should:
If your complaint is about NHS 24, the Golden Jubilee National Hospital, the Scottish Ambulance Service or the State Hospital, you can find out who to complain to on the NHS Inform complaints page.
You can make a complaint in writing, by phone, by email, in person or using an online complaints form. You should write to the complaints team at the NHS board responsible for the NHS service you're complaining about.
In the complaints letter, always include:
Most complaints should be resolved within five working days of the date the complaint is received. In some circumstances, this can be up to ten working days. The NHS body should explain the outcome of the complaint to you and the reasons for resolving it in that way. It can do this in person or over the phone rather than in writing.
If you're complaining about a service that has both a healthcare and a social care component, for example treatment in a care home, your complaint might be transferred to the social care complaints procedure. This is very similar to the NHS complaints procedure and your rights are the same.
In some cases, it might be appropriate to resolve your complaint through mediation. You can ask for this service, or health boards can offer it, but both parties must agree to take part in the mediation.
If your complaint can't be resolved at stage 1, or if you're not happy with the outcome of stage 1, your complaint should be moved on to stage 2.
Complaints might be handled at stage 2 because:
You should receive a written acknowledgement within three working days that the complaint has been received at stage 2.
After this, you might be asked to take part in a meeting or phone call with NHS staff to discuss the complaint. This isn't a formal legal meeting, and if you don't feel well enough to attend the meeting you can ask for another form of communication to be arranged. You should be able to take a representative or another person along for representation or support. It might be helpful for you or someone else to take notes of the meeting. You can keep a record of meetings using the template for recording contacts on the Patient Advice and Support Service website.
You should receive a written response within 20 working days. The response will tell you the result of the investigation and should:
If your complaint isn't resolved at stage 2, you can refer the matter to the SPSO or get a judicial review.
Generally you have to send your complaint to the ombudsman within a year of finding out about the issue you're complaining about. If there are special circumstances, the ombudsman might extend the time limit. There are information leaflets on the SPSO website about how to complain about the NHS in Scotland and about being removed from a GP's or dentist's register.
It might be possible to challenge the final decision about your complaint by getting a judicial review. Judicial review is a procedure which allows a court to review decisions made by public bodies. You'll need to consult a solicitor if you plan to get a judicial review. This can be a costly legal process. Your local Citizens Advice Bureau can provide a list of local solicitors. Find out where to get advice.
The Patient Advice and Support Service (PASS) is an independent service that provides free, accessible and confidential advice and support about NHS healthcare to patients, their carers and their families. The service is provided by Citizens Advice Scotland and you can access it from any Citizens Advice Bureau in Scotland.
You can call PASS for advice and support on 0800 917 2127. Lines are open Monday to Friday, 9am to 5pm. You can find more information about PASS on its website.
You can also get help from a Citizens Advice Bureau. Find out where to get advice.
PASS has produced an information pack for NHS patients in Scotland. It has also produced templates that you can use to:
You can find these documents on the Patient Advice and Support Service website. Keep copies for yourself if you have to send them to anyone as part of your complaint.
You can get help to fill in these documents from your local Citizens Advice Bureau. Find out where to get advice.
If you're considering taking legal action about your NHS complaint, you'll need to consult a solicitor. Your local Citizens Advice Bureau can give you a list of local solicitors.
You should be aware that these actions are costly and complex. All family practitioners are insured and legal action will usually be contested by an insurance company. If the legal action is about the actions of an NHS health board employee, the NHS health board will be responsible for deciding whether to contest the action.
The NHS has particular responsibilities to the armed forces, veterans and their families, including by providing priority treatment to veterans for service-related conditions.
You can use the NHS complaints procedure to resolve any breakdown in the arrangements for priority treatment for veterans.
The NHS must not discriminate against you because of age, race, sex, disability, religion or belief, sexuality or gender reassignment or because you're married or in a civil partnership.