COMPLAINTS, REMEDIES AND THE HEALTH SERVICE COMMISSIONER

The Government's Citizen's and Patient's Charters see the Health Service Commissioner scheme playing an important part in securing effective remedies for complaints about administration in the NHS. The scheme is assessed against the background of the fragmented nature of the NHS complaints systems. Because of jurisdictional limitations the Commissioner can only deal with a small proportion of NHS complaints. An analysis of HSC cases between 1986 and 1991 shows that it is those about complaint-handling itself which have been most frequently upheld. The most frequent remedy achieved is an HSC-delivered apology, which is not always found satisfactory, but the HSC places equal emphasis on providing a 'quality audit' and feedback mechanism for health authorities. If the HSC is to play the role implied by the charters, it will be necessary to consider removing the limitations on his jurisdiction which exclude clinical Judgement and the work of family practitioners.