Mandatory independent complaint resolution
We recommend that all private patients should have the right to mandatory independent resolution of their complaint.
- In April 2025, the government reported that CQC assesses all registered providers against Regulation 16 regarding receiving and acting on complaints (Implementation update to Thirlwall Inquiry, DHSC/NHS England, April 2025).
- No published evidence of a mandatory independent resolution requirement for non-NHS funded private patients has been identified.
How was this evidence gathered?
Response
Accepted in Part
Response
Accepted in PartAccepted in principle. Government supports principle but further work needed on implementation mechanism. ISCAS membership has grown significantly since the inquiry. Government is considering whether legislative change is needed to make independent adjudication mandatory for all private healthcare providers. Consultation ongoing. (Source: Government Response, December 2021)
Progress Timeline
DHSC and NHS England implementation update provided to the Thirlwall Inquiry (April 2025). This is the government's own account of progress, submitted to the inquiry. Reviewed extent of implementation: Implemented – Ongoing. CQC assesses all registered healthcare providers against the fundamental standard of 'complaints' (Regulation 16: receiving and acting on complaints) including ensuring information is available and accessible on how to complain. For organisations providing NHS-funded care Services (NHS and independent) The NHS Complaint Standards, model complaint handling procedure and good complaint handling guides set out how organisations providing NHS services should approach complaint handling. They apply to all NHS organisations in England and independent healthcare providers who deliver NHS-funded care. This is a contractual requirement via the NHS Standard Contract (Service Condition 16). In December 2022, the Parliamentary and Health Service Ombudsman (PHSO) issued NHS Complaints Standards which include expectations on how providers and commissioners will handle complaints, together with a model complaint handling procedure and detailed guidance on how the Complaint Standards can be applied in practice. PHSO has been rolling out supporting materials for the NHS Complaints Standards across the NHS from end March 2023. This is to improve how providers meet patient expectations when they make a complaint, including increasing awareness of independent resolution across the NHS. All providers and commissioners of NHS services are subject to a statutory duty to handle complaints in accordance with the requirements of the 2009 Complaints Regulations. This includes primary care providers and independent sector providers. Information on how to complain will be available through: • The NHS website • The provider and local PALs service • The Parliamentary and Health Service Ombudsman Patient advice and liaison If complainants need assistance in making a complaint, patients and their carers should also have access to a Patient Advice and Liaison Service (PALS) operated within the provider organisation. This is intended to offer confidential advice, support and information on health-related matters and should be available as a point of contact. Additionally, assistance can also be provided by the Independent NHS Complaints Advocacy Service. This supports people who wish to make a complaint about their NHS care or treatment. If a complainant decides they need some support, it's never too late to ask for help. People can also contact their local Healthwatch to find out who provides NHS complaints advocacy in their area. Independent sector only The Independent Sector Complaints Adjudication Service (ISCAS) is a voluntary subscriber scheme for independent healthcare providers. ISCAS has incorporated the NHS Complaint Standards into its Code of Practice for Complaints Management and engaged independent providers in taking them up. All ISCAS subscribers were reminded of their responsibilities to incorporate the Complaint Standard Framework on renewal of their annual subscription in April 2023.