NHS Trust Development Authority complaints process
What is a complaint?
We consider a complaint to be any expression of dissatisfaction with a service provided by the NHS Trust Development Authority (TDA). This dissatisfaction may arise from the actions of a member of staff, or from an area or programme of work the TDA is involved with.
Scope of the Policy
This policy is applicable to the handling of any enquiry or complaint as set out above and may also include decisions made by TDA staff during the course of their work.
It is important to note that TDA does not have any remit under the current NHS Complaints Regulations to deal directly with complaints about the care and treatment provided by NHS Trusts (including Foundation Trusts) the NHS Commissioning Board or Clinical Commissioning Groups or any other provider of NHS services. In such cases, complainants should first be encouraged to contact the NHS body concerned.
The scope of this policy does not apply to, amongst others, any complaint:
- made by one NHS organisation against another NHS organisation
- made by an employee of an NHS organisation relating to contractual matters
- where the complaint is being or has been investigated by the Health Service Ombudsman
- where the complainant has stated that he/she intends to take legal proceedings
- where disciplinary proceedings are being proposed in relation to the person who is the subject of the complaint – this may be where the subject of the complaint is following disciplinary proceedings with his or her professional body.
This policy also does not apply to complaints about the handling of a complaint made to another NHS organisation. In such cases, complainants should be directed back to the relevant NHS organisation, or to the Parliamentary and Health Service Ombudsman, as appropriate and in accordance with the NHS Complaints Procedure.
Handling complaints in accordance with national guidance
The NHS Constitution highlights the rights of the complainant when it comes to making a complaint, as follows:
- have the complaint dealt with efficiently, and properly investigated
- know the outcome of any investigation into the complaint
- take the complaint to the independent Parliamentary and Health Service Ombudsman if the complainant is not satisfied with the way the NHS has dealt with the complaint
- make a claim for judicial review if the complainant thinks s/he has been directly affected by an unlawful act or decision of an NHS body, and
- receive compensation if an individual has been harmed.
In addition, the Health Service Ombudsman has published a set of ‘Principles of Good Administration’ which can be accessed, together with other supporting information via the following link:
TDA is committed to these Principles, which will be taken into account in its handling of complaints except where the complaint relates to the TDA’s exercise of its chair and non-executive appointment functions, which are subject to regulation by the Commissioner for Public Appointments (see paragraph “Handling complaints about the NHS Appointments process” below).
Key responsibilities at the TDA
The Chief Executive has overall responsibility for the management of complaints. The Complaints Manager has delegated authority for the management and monitoring of the complaints policy and procedures and must be made aware immediately of any complaint made about or to TDA.
How to make a complaint about TDA
Individuals wishing to make a complaint about TDA or its conduct of business should in the first instance write to:
The Contact Centre
NHS Trust Development Authority
Or email: email@example.com
Individuals wishing to speak to someone about their complaint should telephone 0207 932 1980
Any complaint about TDA will be investigated in line with the requirements of the NHS Complaints Regulations. The Complaints Manager will determine the action required to achieve resolution which may involve speaking to other staff to establish what has happened and to obtain details of any action that has been taken or already agreed.
Handling complaints about the NHS appointments process
Your complaint should first be sent to the contact centre as indicated above to be considered by the TDA in line with its complaints policy.
For issues relating to the appointment of chairs and non-executive directors of NHS trusts, if you remain dissatisfied after you have received a reply from the TDA, you can consider referring the matter to the Commissioner for Public Appointments. Further information is available from the Commissioner’s website at http://publicappointmentscommissioner.independent.gov.uk/what-we-do/complaints-and-investigations/