Patient feedback, comments, concerns or complaints

15Arrangements for handling and responding to patient feedback etc.

1

The Scottish Ministers must ensure that each relevant NHS body has adequate arrangements in place for the matters described in subsection (3).

2

A relevant NHS body must ensure that each of its service providers has adequate arrangements in place for the matters described in subsection (3).

3

The matters are—

a

handling and responding to feedback or comments given, or concerns or complaints raised, in relation to health care—

i

by or on behalf of patients,

ii

by or on behalf of such other persons as the Scottish Ministers may specify by regulations made under subsection (4)(a),

b

using feedback, comments, concerns or complaints to identify best practice,

c

publicising—

i

how feedback and comments are to be given, or concerns and complaints are to be raised, and

ii

how feedback, comments, concerns or complaints will be handled,

d

giving a person who gives feedback or comments, or raises concerns or complaints details of the advice and support available to patients,

e

publicising the details of the advice and support available to patients (and, in particular, the patient advice and support service serving the relevant NHS body),

f

monitoring the feedback, comments, concerns or complaints received with a view to—

i

identifying any areas of concern, and

ii

improving the performance of its functions.

4

The Scottish Ministers may—

a

by regulations make provision about the—

i

arrangements mentioned in subsections (1) and (2),

ii

matters described in subsection (3),

b

give a relevant NHS body directions about such arrangements or matters.

5

Directions under subsection (4)(b) may, in particular, include provision for the resolution of complaints by conciliation or mediation.

6

In this section, a “service provider” is any person who provides health services for the purpose of the health service under a contract, agreement or arrangements made under or by virtue of the 1978 Act.

7

The powers conferred on the Scottish Ministers by virtue of this section are without prejudice to their powers under the 1978 Act.

8

Nothing done under or by virtue of this section is to preclude an investigation under the Scottish Public Services Ombudsman Act 2002 (asp 11) in respect of any matter.