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Comments and Complaints

The Health Protection Agency seeks to provide high-quality services to all of its service users and welcomes your comments to help us achieve this. However there may be occasions when we fail to meet your expectations and you feel that a complaint is justified.

Comments

If you have any comments on our services, or suggestions for improvements we could make please write to the Head of Corporate Governance, Corporate Affairs Division, 61 Colindale Avenue, London NW9 5EQ, or e-mail HPA.enquiries@hpa.org.uk

HPA complaints procedure

What is a complaint?

The Citizens Charter Complaints Task Force has defined a complaint as "an expression of dissatisfaction requiring a response". The HPA Complaints Procedure covers both clinical and non-clinical complaints.

Who can complain?

Anyone who is receiving or has received, HPA services as a patient or member of the public can complain. If the patient or member of the public is unable to complain in person then someone else, usually a relative or close friend, can complain for them.

It is important that complaints are lodged as soon as possible after the event:

  • usually the HPA will only investigate complaints made within 6 months of the event; or
  • made within 6 months of the person realising they have a reason for complaint, as long as that is not more than 12 months after the event itself.
  • events relating to commercial activities of the Agency, carried out under contract, where a separate contract applies.

These time limits can be waived if there are good reasons why a patient could not complain sooner.

What can't be dealt with by the procedures?

There are some things that cannot be dealt with under the HPA complaints procedures. These include:

  • events requiring investigation by a professional disciplinary body;
  • events where legal action is already being taken.

If it is unclear whether the complaint is definitely against the HPA, the HPA Complaints Manager should be consulted.

Local Resolution

It is important that the complainant should be directed to a senior member of HPA staff close to the cause of the complaint. The HPA Regional/Executive Director must be informed of the complaint and agree the proposed process of local resolution. In many cases, it should be possible to sort out the problem straight away. The best way of doing this is to talk to the complainant, clarify the issues and seek to resolve the problem as soon as possible. Appropriate compensation, as set out in NHS guidance, may be a suitable way of resolving a justified complaint. If there is a preference to talk to someone who is not involved in the case, the Complaints Manager at HPA Colindale can be contacted.

It may be the case that whoever the complaint is lodged with will need to involve other members of staff to establish what has happened and to decide what action to take. Under these circumstances information about the patient will be kept confidential. The complainant will be informed of the outcome of local resolution by the Regional/ Executive Director in writing.

Independent Review

If the outcome through local resolution is not satisfactory, the complainant may ask for the complaint to be taken to independent review. This request to the Complaints Manager must be made within 4 weeks of receiving information about the outcome through local resolution.

The request for independent review will then be submitted for consideration by the convenor. The request should include a written statement explaining fully why there is still dissatisfaction. The convenor, in conjunction with an independent lay person will in the first instance consider whether further local resolution is appropriate. If it is decided that no further avenues to resolution exist at the local level, an independent review of the complaint may be made by a special review panel.

A panel investigation will be set up if the convenor considers this is likely to resolve the problems that have been identified in the complaint. A panel does not have to be set up each time one is requested. The complainant will, in general be informed of the decision of the convenor within 4 weeks of a complaint being received.

Independent Review Panel

The panel will consist of three people: an independent lay person acting as chairman, the convenor, and one other person. HPA will provide administrative support as required. The panel will re-examine fully the concerns referred to it by the convenor, talking to everyone involved, and getting any specialist advice it needs. The panel will then prepare a report setting out the results of its investigation, together with its conclusions and any appropriate comments or suggestions. The complainant will be sent a copy of the report, and the Chief Executive of the HPA will write to the complainant with details of any action being taken as a result of the panel's recommendation.

Further Steps

If there is still dissatisfaction after the HPA complaints procedure has been completed, the Health Service Commissioner (The Ombudsman) can be asked to investigate the case. The Ombudsman is completely independent of the HPA, NHS and the Government. As well as complaints against HPA services, the Ombudsman can investigate complaints about how the complaints procedure is working and how it has been applied to the case at hand.

The Ombudsman is not obliged to investigate every complaint received, and will not generally take on a case which has not first been through the HPA complaints procedure, or a case which is being dealt with by the courts.

Further information can be found our The Health Protection Agency Complaints Process (PDF, 19 KB) and in the HPA Complaints Policy (PDF, 37 KB) and the full Health Protection Agency Complaints Procedure (PDF, 158 KB).


Last reviewed: 18 January 2011