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DORDON & POLESWORTH GROUP PRACTICE
PATIENT COMPLAINTS INFORMATION LEAFLET
Practice Complaints Procedure
If you have a complaint or concern about the service you have received from the doctors or any of the staff members working in this practice, please let us know. We operate a practice complaints procedure as part of an NHS system for dealing with complaints. Our complaints system meets national criteria.
How To Complain
We hope that most problems can be sorted out easily and quickly, often at the time they arise and with the person concerned. If your problem cannot be sorted out in this way and you wish to make a complaint, we would like you to let us know as soon as possible – ideally, within a matter of days or at most a few weeks – because this will enable us to establish what happened more easily. If it is not possible to do that, please let us have details of your complaint:
- within 6 months of the incident that caused the problem; or
- within 6 months of discovering that you have a problem, provided this is within 12 months of the incident
All complaints should be addressed to the Practice Manager. Complaints may be made in person ask to speak to the Practice Manager; you may be offered an appointment to see her if she is not available at the time, or in writing addressed to the Practice Manager. The Practice Manager will explain the complaints procedure to you and will make sure that your concerns are dealt with promptly. It will be a great help if you are as specific as possible about your complaint.
Action Upon Receipt Of A Complaint
Verbal complaints will be acknowledged by the Practice Manager at the time of discussion. Written complaints will be acknowledged in writing within three working days, where that is not possible, as soon as reasonably practicable.
The practice aims to have looked into your complaint within ten working days of the date when you raised it with us. We shall then be in a position to offer you an explanation, or a meeting with the person/persons involved. When we look into your complaint, we shall aim to:
- find out what happened and what went wrong;
- make it possible for you to discuss the problem with those concerned, if you would like this;
- make sure you receive an apology, where this is appropriate;
- identify what we can do to make sure the problem doesn’t happen again
Review of Practice Complaints
A full review of all complaints is carried out annually to identify any trends or additional actions/learning points.
Complaining On Behalf Of Someone Else
Please note that we keep strictly to the rules of medical confidentiality. If you are complaining on behalf of someone else, we have to know that you have their permission to do so. A note signed by the person concerned will be needed, unless they are incapable (because of illness) of providing this.
Where the patient is a child the practice may receive the complaint from:
- Either parent , in the absence of both parents, the guardian who has care of the child
- person authorised by a local authority whose care the child has been committed under the provisions of the Children Act 1989
Complaining To Ombudsman
We hope that if you have a problem, you will use our practice complaints procedure. We believe this will give us the best chance of putting right whatever has gone wrong and an opportunity to improve our practice. But this does not affect your right to approach the parliamentary and Health Ombudsman, if you feel you cannot raise your complaint with us or you are dissatisfied with the result of our investigation. The contact details are:
The Parliamentary and Health Service Ombudsman
Tel: 0345 015 4033
You may also approach Patient Advice and Liaison Service (PALS) who provide confidential advice and support, helping you to sort out any concerns you may have about the care we provide, guiding you through the different services available from the NHS. PALS contact details are:
Patient Advice and Liaison Service
Warwickshire Primary Care Trust
Tel: 01926 493 491
REMOVAL OF PATIENTS FROM PRACTICE LIST
The Practice aims to provide the best possible health care for its patients. However there may be circumstances when it would be considered reasonable, or in the best interests of the patient, to remove patients from the list.
This protocol defines the practice guidelines for when it is reasonable to remove a patient from the practice list.
Reasons for removal from Practice List:
- When a patient is physically violent or threatening towards a doctor, a member of the practice staff or other patients on the practice premises.
- Causes physical damage to practice premises or other patient’s property.
- Gives verbal abuse or makes threats towards the doctor, practice staff or other patients
- · Gives racial abuse, orally or physically.
- · Is violent or uses or condones threatening behaviour to doctors (or some other members of the primary health care team) while visiting the patient’s home. Such behaviour may involve the patient, a relative, a household member, or pets (such as unchained dogs)
- · Where a patient fraudulently obtains drugs for non-medical reasons.
- · Deliberately lies to the doctor or other members of the primary health care team e.g. by giving a false name or false medical history) in order to obtain a service or benefit by deception.
- · Attempts to use the doctor to conceal or aid any criminal activity
- · Steals from practice premises.
- · Where a patient has moved out of the designated practice area and failed to register with another GP.
- · Embarkation.
- · Where a patient has moved abroad for a period of 3 months or more.
- · Failure to attend pre-booked appointments.
- · Where a patient fails to attend pre-booked appointments on a number of occasions during a given period.
- · Irretrievable breakdown of Doctor-Patient relationship
- · Where a patient’s behaviour falls outside of that which is normally considered reasonable and leads to an irretrievable breakdown of the doctor-patient relationship.
Dordon & Polesworth Group Practice is committed to providing a safe, comfortable environment where patients and staff can be confident that best practice is being followed at all times and the safety of everyone is of paramount importance.
There are occasions where there is the potential for abuse of a person placed in a vulnerable position, and conversely false allegations to be made. This can have serious, long-term consequences for all those involved and may not come to light for many years.
This policy is designed to protect both patients and staff from abuse or allegations of abuse and to assist patients to make an informed choice about their examination or consultations.
Clinicians (male and female) should consider whether an intimate or personal examination of the patient( either male or female) is justified, or whether the nature of the consultation poses a risk of misunderstanding. There may be a rae occasion when an independent witness to a consultation might be prudent.
- Ensure that a suitable sign is clearly on display in each consulting or treatment room offering the chaperone service if required.
- The patient must be offered the choice to have a chaperone present in the room during an examination - It may be embarrasing to the patient if a staff member is known to them, so a choice of an alternative staff member may be necessary - the patient can refuse a chaperone, this must be recorded in the patient's medical record.
- The clincian should give the patient a clear explanation of what the examination will involve while the chaperone is present.
- Always adopt a professional and considerate manner - be careful with humour as a way of relaxing a nervous situation as it can easily be misinterpreted.
- Always ensure that the patient is provided with adequate privacy to undress and dress.
This should remove the potential for misunderstanding. However, there will still be times when either the clinician, or the patient, feels uncomfortable, and it would be appropriate to consider using a chaperone. Patients who request a chaperone should never be examined without a chaperone being present. If necessary, where a chaperone is not available, the consultation/examination must be rearranged for a mutually convenient time when a chaperone can be present.
Complaints and claims have not been limited to male doctors with female patients - there are many examples of alleged homosexual assault by female and male doctors. Consideration should also be given to the possibility of a malicious accusation by a patient.
There may be rare occasions when a chaperone is needed for a home visit. The following procedure should be followed.
Who can act as chaperone?
Where the practice determine that non-clinical staff will act in this capacity the patient must agree to the presence of a non-clinician in the examination, and be at ease with this. The staff member should be trained in the procedural aspects of personal examinations, comfortable in acting in the role of chaperone, and be confident in the scope and extent of their role.
- The chaperone should only be present for the examination itself, and most discussion with the patient should take place while the chaperone is not present.
- Patients should be reassured that all practice staff understand their responsibility not to divulge confidential information.
The latest GMC guidelines for intimate examinations can be found by viewing: http://www.gmc-uk.org/ethical-guidance/ethical-guidance-for-doctors/intimate-examinations-and-chaperones
- The Clinician will contact reception to request a chaperone.
- The Clinician will record in the notes that the chaperone is present, and identify the chaperone (full name must be documented)
- Where no chaperone is available the examination will not take place.
- The patient should not normally be permitted to dispense with the chaperone once a desire to have one present has been expressed.
- The chaperone will enter the room discreetly and remain in the room until the Clinician has finished the examination.
- The chaperone will normally attend inside the curtain at the head of the couch and watch the procedure.
- To prevent embarrassment, the chaperone should not enter into conversation with the patient or GP unless requested to do so, or make any mention of the consultation afterwards.
- The chaperone will make a record in the patient's notes after examination. The documented notes must give the date, time and state that there were no problems, or give details of any concerns or incidents that occurred.
- The patient can refuse a chaperone, and if so this must be recorded in the patients medical record.
- If the Clinician wishes to conduct an examination with a chaperone present but the patient does not agree to this, the Clinician must clearly explain why they want a chaperone to be present. The clincian ma choose to consider referring the patient to a colleague who would be willing to examine them without a chaperone, as long as the delay would not have an adverse effect on the patients health.
Data Protection Privacy Notice for Patients
This privacy notice lets you know what happens to any personal data that you give us, or any that we may collect from or about you.
This privacy notice applies to personal information processed by or on behalf of the practice.
This notice explains:
- Who we are, how we use your information and our Data Protection Officer
- What kinds of personal information about you do we process?
- What are the legal grounds for our processing of your personal information (including when we share it with others)?
- What should you do if your personal information is retained by us?
- What are your rights under data protection laws?
The General Data Protection Regulation (GDPR) became law on 24th May 2016. This is a single EU-wide regulation on the protection of confidential and sensitive information. It enters into force in the UK on the 25th May 2018, repealing the Data Protection Act (1998)
For the purpose of applicable data protection legislation (including but not limited to the General Data Protection Regulation (Regulation (EU) 2016/679) (the "GDPR"), and the Data Protection Act 2018 (currently in Bill format before Parliament) the practice responsible for your personal data is Dordon & Polesworth Group Practice.
This Notice describes how we collect, use and process your personal data, and how, in doing so, we comply with our legal obligations to you. Your privacy is important to us, and we are committed to protecting and safeguarding your data privacy rights.
How we use your information and the law.
Dordon & Polesworth Group Practice will be what's known as the 'Controller' of the personal data you provide to us.
We collect basic personal data about you which does not include any special types of information or location-based information. This does however include name, address, contact details such as email and mobile telephone number etc.
We will also collect sensitive confidential data known as "special category personal data", in the form of health information, religious belief (if required in a healthcare setting) ethnicity, and sex during the services we provide to you and or linked to your healthcare through other health providers or third parties.
Why do we need your information?
The health care professionals who provide you with care maintain records about your health and any treatment or care you have received previously (e.g. NHS Trust, GP Surgery, Walk-in Clinic, etc). These records help to provide you with the best possible healthcare.
NHS health records may be electronic, on paper or a mixture of both, and we use a combination of working practices and technology to ensure that your information is kept confidential and secure. Records which the Practice hold about you include the following information;
- Details about you, such as your address, carer, legal representative, emergency contact details
- Any contact the surgery has had with you, such as appointments, clinic visits, emergency appointments, etc.
- Notes and reports about your health
- Details about your treatment and care
- Results of investigations such as laboratory tests, x-rays etc
- Relevant information from other health professionals, relatives or those who care for you
To ensure you receive the best possible care, your records are used to facilitate the care you receive. Information held about you may be used to help protect the health of the public and to help us manage the NHS. Information may be used within the GP practice for clinical Audit to monitor the quality of the service provided.
How do we lawfully use your data?
We need to know your personal, sensitive and confidential data in order to provide you with Healthcare services as a General Practice, under the General Data Protection Regulation we will be lawfully using your information in accordance with:-
Article 6, (e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of officail authority vested in the controller;
Article 9, (h) processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems
This Privacy Notice applies to the personal data of our patients and the data you have given us about your carers/family members.
Risk stratification data tools are increasingly being used in the NHS to help determine a person's risk of suffering a condition, preventing an unplanned or (re)admission and identifying a need for preventive intervention. Information about you is collected from a number of sources including NHS Trusts and from this GP Practice. A risk score is then arrived at through an analysis of your de-identified information is only provided back to your GP as data controller in an identifiable form. Risk stratification enables your GP to focus on preventing ill health and not just the treatment of sickness. If necessary, your GP may be able to offer you additional services. Please note that you have the right to opt out of your data being used in this way.
The Practice may conduct Medicines Management Reviews of medications prescribed to its patients. This service performs a review of prescribed medications to ensure patients receive the most appropriate, up to date and cost-effective treatments.
How do we maintain the confidentiality of your records?
We are committed to protecting your privacy and will only use information collected lawfully in accordance with:
- Data Protection Act 2018
- The General Data Protection Regulations 2016
- Human Rights Act 1998
- Common Law Duty of Confidentiality
- Health and Social Care Act 2012
- NHS Codes of Confidentiality, Information Security and Records Management
- Information: To share or Not to Share Review
Every member of staff who works for an NHS organisation has a legal obligation to keep information about you confidential.
We will only ever use or pass on information about you if others involved in your care have a genuine need for it. We will not disclose your information to any third party without your permission unless there are exceptional circumstances (i.e. life or death situations), where the law requires information to be passed on and / or in accordance with the information sharing principle following Dame Fiona Caldicott's information sharing review (Information to share or not to share) where "The duty to share information can be just as important as the duty to protect patient confidentiality." This means that health and social care professionals should have the confidence to share information in the best interests of their patients within the framework set out by the Caldicott principles.
Our practice policy is to respect the privacy of our patients, their families and our staff and to maintain compliance with the General Data Protection Regulations (GDPR) and all UK specific Data Protection requirements. Our policy is to ensure all personal data related to our patients will be protected.
All employees and sub-contractors engaged by our practice are asked to sign a confidentiality agreement. The practice will, if required, sign a seperate confidentiality agreement if the client deems it necessary. If a sub-contractor acts as a data processor for Dordon & Polesworth Group Practice an appropriate contract (art 24-28) will be established for the processing of your information.
In certain circumstances you may have the right to withdraw your consent to the processing of data. Please contact the Data Protection Officer in writing if you wish to withdraw your consent. In some circumstances we may need to store your data after your consent has been withdrawn to comply with a legislative requirement.
Some of this information will be held centrally and used for statistical purposes. Where we do this, we take strict measures to ensure that individual patients cannot be identified. Sometimes your information may be requested to be used for research purposes - the surgery will always gain your consent before releasing the information for this purpose in an identifiable format. In some circumstances you can Opt-out of the surgery sharing any of your information for research purposes.
With your consent we would also like to use your information for
We would however like to use your name, contact details and email address to inform you of services that may bebfit you, with your consent only. There may be occasions were authorised research facilities would like you to take part on innovations, research, improving services or identifying trends.
At any stage where we would like to use your data for anything other than the specified purposes and where there is no lawful requirement for us to share or process your data, we will ensure that you have the ability to consent and opt out prior to any data processing taking place. This information is not shared with third parties or used for any marketing and you can unsubscribe at any time via phone, email or by informing the practice DPO as below.
Where do we store your information electronically?
All the personal data we process is processed by our staff in the UK however for the purposes of IT hosting and maintenance this information may be located on servers within the European Union.
No third parties have access to your personal data unless the law allows them to do so and appropriate safeguards have been put in place. We have a Data Protection regime in place to oversee the effective and secure processing of your personal and or special category (sensitive, confidential) data.
Who are our partner organisations?
We may also have to share your information, subject to strict agreements on how it will be used, with the following organisations:
- NHS Trusts / Foundation Trusts
- NHS Commissioning Support Units
- Independant Contractors such as dentists, opticians, pharmacists
- Private Sector Providers
- Voluntary Sector Providers
- Ambulance Trusts
- Clinical Commissioning Groups
- Social Care Services
- NHS England (NHSE) and NHS Digital (NHSD)
- Local Authorities
- Education Services
- Fire and Rescue Services
- Police & Judicial Services
- Other 'data processors' which you will be informed of
You will be informed who your data will be shared with and in some cases asked for consent for this to happen when this is required.
We may also use external companies to process personal information, such as for archiving purposes. These companies are bound by contractual agreements to ensure information is kept confidential and secure. All employees and sub-contractors engaged by our practice are asked to sign a confidentiality agreement. If a sub-contractor acts as a data processor for Dordon & Polesworth Group Practice an appropriate contract (art 24-28) will be established for the processing of your information.
How long will we store your information?
We are required under UK law to keep your information and data for the full retention periods as specified by the NHS Records management code of practice for health and social care and national archives requirements.
More information on records retention can be found online at (https://digital.nhs.uk/article/1202/Records-Management-Code-of-Practice-for-Health-and-Social-Care-2016)
How can you access, amend move the personal data that you have given to us?
Even if we already hold your personal data, you still have various rights in relation to it. To get in touch about these, please contact us. We will seek to deal with your request without undue delay, and in any event in accordance with the requirements of any applicable laws. Please note that we may keep a record of your communications to help us resolve any issues which you raise.
Right to object: If we are using your data because we deem it necessary for our legitimate interests to do so,and you do not agree, you have the right to object. We will respond to your request within 30 days (although we may be allowed to extend this period in certain cases). Generally, we will only disagree with you if certain limited conditions apply.
Right to withdraw consent: Where we have obtained your consent to process your personal data for certain activities (for example for a research project), or consent to market you, you may withdraw your consent at any time.
Right to erasure: In certain situations (for example, where we have processed your data unlawfully), you have the right to request us to "erase" your personal data. We will respond to your request within 30 days (although we may be allowed to extend this period in certain cases) and will only disagree with you if certain limited conditions apply. If we do not agree to your request, we will delete your data but will generally assume that you would prefer us to kepp a note of your name on our register of individuals who would prefer not to be contacted. That way, we will minimise the chances of you being contacted in the future where your data are collected in unconnected circumstances. If you would prefer us not to do this, you are free to say so.
Right of data prtability: If you wish, you have the right to transfer your data from us to another data controller. We will help with this with a GP to GP data transfer of your hard copy notes.
Access to your personal information
Data Subject Access Requests (DSAR): You have the right under the Data Protection legislation to request access to view or to obtain copies of what information the surgery holds about you and to have it amended should it be inaccurate. To request this, you need to do the following:
- Your request should be made to the Practice - for information from the hospital you should write direct to them
- There is no charge to have a copy of the information held about you
- We are required to respond to you within a month
- You will need to give adequate information (for example full, name address, date of birth, NHS number and details of your request) so that your identity can be verified, and your records located information we hold about you at any time.
What should you do if your personal information changes?
You should tell us so that we can update our records, please contact the Practice Manager as soon as any of your details change, this is especially important for changes of address or contact details (such as your mobile phone number), the practice will from time to time ask you to confime that the information we currently hold is accurate and up-to-date.
Objections / Complaints
Shoul you have any concerns about how your information is managed at the GP, please contact the GP Practice Manager or the Data Protection Officer as below. If you are still unhappy following a review by the GP practice, you have a right to lodge a complaint with a supervisory authority: You have the right to complain to the UK supervisory Authority as below:
Tel: 01625 545745
If you are happy for your data to be extracted and used for the purposes described in this privacy notice, then you do not need to do anything. If you have any concerns about how your data is shared, then please contact the Practice Data Protection Officer.
If you would like to know more about your rights in respect of the personal data we hold about you, please contact the Data Protection Officer as below.
Data Protection Officer:
The Practice Data Protection Officer is Paul Couldrey of PCIG Consulting Limited. Any queries in regard to Data Protection issues should be addressed to him at:-
Postal: PCIG Consulting Limited
7 Westacre Drive
It is important to point out that we may amend this Privacy Notice from time to time. If you are dissatisfied with any aspect of our Privacy Notice, please contact the Practice Data Protection Officer.