Make sure the person who made the complaint, and anyone they have complained about, has the opportunity to:
- say what they believe happened in relation to the complaint
- provide evidence to support what they say
- say whether they agree with any initial findings before you reach a conclusion.
Try not to prejudge the outcome or favour the complainant or anyone they have complained about.
As the person investigating the complaint, you should not have been involved previously in the issues being complained about, as far as possible. If this is not possible, you need to be open about this from the start.
Explain to the person making the complaint that you will:
- investigate fairly
- make sure you provide a balanced account of what happened
- reach conclusions based only on the evidence.
The Francis Report recommends that hospitals (and ideally, other organisations) always use an independent investigator – in other words, someone from outside their organisation – in the following circumstances:
- where a complaint amounts to an allegation of a serious untoward incident
- where questions involving clinically related issues cannot be resolved without expert clinical opinion
- where a complaint raises substantive issues around professional misconduct or the performance of senior managers
- where a complaint raises issues about the nature and extent of the services commissioned.
Tip: Finding an independent investigator can take time to arrange. That’s why it is a good idea to put in place agreements with other organisations so you can provide support and independent investigations for each other if the need arises.
Checklist: Keeping people updated
- Give anyone who has made a complaint, and anyone who has been complained about, the chance to submit relevant information and evidence.
- Keep them informed and updated throughout the process.
- Before you issue a final response, give them the opportunity to comment on any initial findings. Consider their comments before you reach a conclusion.
- Make sure the person making the complaint, and anyone they complain about, knows how to get help and support during the process if they need it.
- Make sure the person making the complaint is aware of your local independent NHS complaints advocacy provider (or any relevant national support organisations).
- Make sure anyone complained about is supported through the process and has access to a named contact who can help them, if they need this. This may be their line manager but should not be the person who is responsible for investigating or making decisions about the complaint outcome.