Internal Procedures
Before reaching the litigation stage, many disputes can be resolved
internally, by whichever organisation made the decision that is being
challenged. External bodies, like the Ombudsman or Courts, will in most cases
expect a person to have attempted to resolve the dispute by using internal
procedures in the first instance. This firm deals with complaints, reviews and
litigation at all levels, from negotiating and liaising with the relevant
department, to Review Panels and even in the High Court and above.
NHS Complaints / Review Procedure
People are expected at the first stage to write to their local Primary Care
Trust with any complaint. If this does not work they can forward their
complaint, in writing, to their Strategic Health Authority. The Strategic
Health Authority can arrange an Independent Review Panel to investigate the
complaint, who will usually have a hearing of some description, at which the
person can attend. If this does not resolve the problem, it may be necessary to
access an external mechanism, see below.
Social Services Complaints / Review Procedures
Social Services, as part of a Local Authority, have internal complaints
procedures whereby a complaint at the first stage is handled by the Manager of
the relevant department. If this does not achieve a resolution there is a
separate complaints department within most Social Services, who then request
information from the department that previously dealt with the matter and try to
achieve a satisfactory outcome for all concerned. If this does not work, it may
be necessary to try an external complaints procedure, see below.
Health Service Ombudsman (HSO)
The Health Service Ombudsman is an independent government body that reviews
the decisions of the National Health Service, and any decisions concerning
health care, including decisions about continuing care. A link to the Health
Service Ombudsman is below:
http://www.ombudsman.org.uk/make_a_complaint/health/index.html
Local Government Ombudsman (LGO)
The Local Government Ombudsman is an independent government body that reviews
the decisions of Local Authorities and Social Services. A link to the Local
Government Ombudsman is below:
http://www.lgo.org.uk/
Judicial Review / Court Action
Some disputes are not suitable to internal complaints procedures or for
referrals to the Ombudsman. For example:
- Emergency / Urgent Cases,
where the long delay of
waiting for a resolution through complaints/review procedures is not quick
enough, for example:
- Where a person is destitute and requires emergency accommodation
- Where a person requires emergency health care or social care services
- Where young children are involved and services / support / accommodation are
required urgently
- Challenges to the Legality of Eligibility Criteria,
set
by the National Health Service or Local Authorities, the Ombudsman cannot
overturn eligibility criteria, only make findings on how they are applied;
- Where the Remedy Sought Cannot be Provided Except by a Court,
for example when substantial damages are sought, or an injunction
is required, etc
In those cases it may be necessary to take court action. Where there is no
right of appeal, in an emergency, or where the procedure available is not
suitable or does not give an appropriate remedy, it may be necessary to apply
for Judicial Review of a decision, or failure to make a decision. ‘Judicial
Review’ is where an application is made to the High Court for a High Court Judge
to review the case. Judicial Review can be suitable for a decision,
unreasonable delay by a decision maker, failure to follow correct procedures,
unlawful criteria, etc.
All members of this firm’s Community Care team specialise in litigation,
public law proceedings and Judicial Review applications. These are legally very
complex and it is advisable to take legal advice before undertaking any court
action.