Right to Complain
Written in plain language for general understanding. This is educational content, not legal advice. Based on UK Acts of Parliament, statutory instruments, and official guidance.
What is this right?
If you are unhappy with NHS care, you have the right to complain and have your complaint investigated. The process has two stages:
- Local resolution: Complain directly to the NHS organisation (hospital, GP surgery, or service) or to NHS England. They must acknowledge within 3 working days and respond within an agreed timeframe (usually 6 months).
- Ombudsman: If you're not satisfied with the response, complain to the Parliamentary and Health Service Ombudsman (PHSO) — an independent body that can investigate further.
You should normally complain within 12 months of the event (or 12 months from when you became aware of the issue). This can be extended if there are good reasons.
When does it apply?
- You received poor care, were treated unfairly, experienced delays, or your rights were not respected.
- PALS (Patient Advice and Liaison Service) can help resolve concerns informally before a formal complaint — every NHS trust has a PALS team.
- Complaints can be made by the patient or by someone acting on their behalf (with their consent, or for a patient who has died or lacks capacity).
- If your complaint involves professional misconduct, you can also report the individual to their regulatory body: the General Medical Council (GMC) for doctors, or the Nursing and Midwifery Council (NMC) for nurses.
What should you do?
- Contact PALS first for informal resolution — this is often the quickest route.
- If formal complaint is needed, write to the provider or NHS England clearly stating what happened, when, and what outcome you want.
- Keep copies of everything — letters, emails, appointment records, discharge notes.
- If the local response is inadequate, contact the PHSO — they can order apologies, policy changes, and financial remedies.
- For independent help making a complaint, use the free NHS Complaints Advocacy Service in your area.
What should you NOT do?
- Don't wait too long — the 12-month time limit is important. Start the process early.
- Don't assume a complaint will harm your care — NHS providers are legally prohibited from treating you differently because you complained.
- Don't skip the local resolution stage — the PHSO will usually require you to have complained to the provider first.
How Northern Ireland differs from UK national law
HSC complaints in Northern Ireland follow a different process:
- Complaints go to the HSC Trust that provided the service.
- If unsatisfied, escalate to the Northern Ireland Public Services Ombudsman (NIPSO).
- The Patient and Client Council (PCC) provides free, independent support for making complaints — similar to PALS in England.
- Complaints should be made within 6 months of the event (stricter than England's 12-month limit), though this can be extended.
Additional Steps in Northern Ireland
- Contact the PCC on 0800 917 0222 for help making a complaint.
- Contact NIPSO at 0800 343 424.
Relevant Law: Health and Social Care (Reform) Act (Northern Ireland) 2009; Commissioner for Complaints (Northern Ireland) Order 1996
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