4.5 Help for complainants
Giventhedifficultiesfacingpatientswhowishtomakeacomplaintofanykind,it
would be helpful if there were some statutory body to whom they could turn for
help.Unfortunatelythatisnotthecase.Theonlystatutorybodiesthatdodealwith
complaints are, at the time of writing this chapter, the Community Health Coun-
cils. As they are the `patients' watchdogs' many of them have taken on that role
notwithstandingthatitisnotspecificallyincludedintheirremit.Thathasmeant,
inthe first place, thatnotall Councilsdoundertakethis work, and secondly that
thereisgreatdiscrepancyintheskillsandeffectivenessofthoseCouncilswhoare
prepared to deal with complaints.
Nevertheless,asindependentbodies committedto thewelfareofpatients,they
have,notwithstandinglimitedresourcesandlackofstatutorybacking,beenableto
assist a large number of patients in achieving a just outcome to their complaint.
Thereissomedoubtastowhetherthishelpwillcontinue.TheGovernmentinits
NHS Plan published in 2000 stated its intention to abolish Community Health
Councils. In its place it plans to establish a Patient Liaison and Advocacy Service
/PALS)situatedwithineachTrustinter aliatoassistpatientswiththeircomplaints.
Variousotherbodiesweretobeestablishedtodealwiththeothertasksatpresent
undertaken by the CHCs.
Theproposalsattractedagreatdealofcriticism.Firstandforemosttheobjection
wastothelackofindependenceofthePALS.Inadditionitwasarguedthatdealing
withcomplaintswasnotsomethingthatcouldbeisolatedfromCHCs'otherwork.
TheirvastknowledgeoftheoperationoftheHealthServiceintheirareagavethem
the background to deal far more effectively with the complaint of an individual
patient about the service that had been provided.
As a result of these criticisms the Government modified their proposals and
insofar as complaints are concerned proposed an independent advocacy service
where patients were unhappy with the assistance given by the PALS. In addition
they agreed to set up Patients' Councils which would be responsible for that ser-
vice. It remains to be seen whether any further modification to the government's
plans will take place and whether these plans will give a better service to com-
plainants than CHCs have been able to give.
4.6 Complaints and litigation
Oneofthemajordefectsinthesystemfordealingwithcomplaintsisthefactthat
thesearecorralledintorigidlyseparatecompartments.TheOmbudsmanwillnot
deal with a complaint where the complainant can seek a remedy in the courts' unlesshe is satisfied that in the particular circumstances it is not reasonable to
expect the complainant to resort to a legal remedy'.
Ontheotherhand,ifapatientmakesacomplaintbutbeforetheinvestigationis
completethepatient`explicitlyindicatesanintentiontotakelegalaction'/whichis
not necessarily the same as wanting to make a claim for compensation) the
NationalHealthServiceExecutiveguidancesaysthatthecomplaintsprocesshasto
cease, particularly if the patient has requested an independent review [5]. Some
56 Nursing Law and Ethics