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 Scotland differs from UK national law
NHS Scotland complaints follow a different process:
- Complaints go to the NHS board that provided the service.
- If unsatisfied, escalate to the Scottish Public Services Ombudsman (SPSO) — not the PHSO.
- The SPSO is the final stage for NHS complaints in Scotland.
- The Patient Advice and Support Service (PASS) — run by Citizens Advice Scotland — provides free, independent support for making complaints.
Additional Steps in Scotland
- Contact PASS through your local Citizens Advice Bureau.
- Contact the SPSO at 0800 377 7330 or spso.org.uk.
Relevant Law: Patient Rights (Scotland) Act 2011; Scottish Public Services Ombudsman Act 2002
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