How to complain about NHS services How the NHS can help you

What is the NHS Constitution?

How-the-nhs-can-help-you

The NHS constitution can help with your complaint.

 The NHS Constitution sets out what staff, patients and the public can expect from the NHS and includes a list of the legal rights you have as a patient, as well as a number of pledges which the NHS is committed to achieve.

The NHS Constitution can help if you need to make a complaint. We've looked at some common scenarios you've told us about to see what the NHS Constitution says about them. As with all concerns, it’s best to speak to a member of staff as soon as you can.

For more information on the NHS Constitution or to read the full text visit the Department of Health's website

Rude NHS staff

My mum is ill in hospital and a nurse has been very rude to her

The Constitution states that ‘You have the right to be treated with dignity and respect’. As an NHS patient you should never be treated rudely, or with insensitivity. If you feel a healthcare worker like a nurse or doctor has been impolite, you should complain, either to them or to the practice or hospital, or your PCT.

The Constitution includes a pledge from the NHS guaranteeing your right to be treated with courtesy when you complain, and to be supported through the complaints process.

Worries about treatment

I have been told I can’t have a drug approved by NICE even though a friend of mine has been prescribed it

The Constitution states that ‘You have the right to drugs and treatments that have been recommended by NICE (The National Institute for Health and Clinical Excellence) for use in the NHS, if your doctor says they are clinically appropriate for you’. If your GP decides that you need a specific drug, your local PCT must provide funding so you can have that treatment.

If your GP decides not to prescribe a drug or treatment for you, they must explain why. NICE provide patient versions of their guidance which may help you to understand the decision which has been made, or may help you to challenge it. Visit the NICE website for more information.

I don't like the course of treatment my doctor has suggested, but I am anxious about raising this with them

The Constitution states that ‘You have the right to accept or refuse treatment that is offered to you, and not to be given any physical examination or treatment unless you have given valid consent’. You can ask for a second opinion and should be informed of alternative treatments available, as well as any risks involved.

The Constitution includes a pledge from the NHS to ensure your future treatment will not be adversely affected by any complaint you make.

Dirty hospitals and facilities

I have just been treated in a hospital ward that was filthy

The Constitution states that NHS services should be ‘provided in a clean and safe environment that is fit for purpose’. You should complain to the hospital and the PCT about the conditions you found. The Constitution sets out an NHS pledge to learn lessons from complaints and use them to improve services in the future.

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