About complaints
Some people using mental health services or their carers may wish to make a complaint about the service they received or perhaps because help was refused when they asked for it.
The complaints procedure changed in April 09.
You still have the right to make a complaint about:
- Care or treatment provided by the NHS
- Your local authority social services department
You can do this by using the NHS and local authority social services complaints procedure.
If a person’s mental health problems make it difficult for them to complain, then as a relative or friend you can make the complaint on their behalf .
The organisation you are complaining about must agree that you are a suitable representative.
How can I complain about professional misconduct?
You may wish to complain about some form of misconduct, for example when a professional…
- has a sexual relationship with a patient
- has falsified their qualifications
- breaks a patient's confidentiality, without justification
- puts false information on a patient's medical records
This type of complaint is dealt with by the appropriate professional or regulatory body, for example the General Medical Council (GMC) and the Nursing and Midwifery Council (NMC).
If the practitioner is found guilty of professional misconduct, they can be prevented from practicing in the future. You can pursue a complaint about professional misconduct in addition to your complaint against the NHS or social services.
Should I sue?
If you think you have suffered injury or loss due to negligence, you may be able to sue the agency responsible. But if you start legal action and have also made a complaint, your complaint will not be able to proceed.
Please see the page on Clinical negligence for more information.
Can I complain about use of the Mental Health Act?
You can make a complaint about the way the Mental Health Act has been used or the way a person with a responsibility under the Mental Health Act has carried out their duties to the Care Quality Commission (CQC).
The CQC may not be able to investigate all aspects of your complaint as they are limited to looking at the use of powers and duties in the Mental Health Act. But they will be able to look into whether the Mental Health Act has been used properly and if the care and treatment you received is fully meeting the requirements of the Act.
You can contact the CQC at the details below:
