To provide a progress update to members of the Health & Wellbeing Board.

Transcription

1 Kirklees Citizens Advice Name of meeting: Health and Wellbeing Board Date: 30 th January 2014 Title of report: Public or private report: NHS Complaints Advocacy Service Public Purpose of report To provide a progress update to members of the Health & Wellbeing Board. Background The NHS Complaints Advocacy Service provides information, advice and support to individuals who have a complaint against an NHS provider. This can range from supporting clients to take their complaint through the official complaints process, negotiating with NHS professionals and, where appropriate, making referrals to solicitors for medical negligence or explaining to the client that there is no further action that can be taken. This is a casework service where each case will typically take several months to resolve, involving a number of client and third party contacts. The service is complementary to, but not a replacement for NHS in-house complaints handling procedures. The service was re-commissioned by Kirklees Council in Previously, the service had been commissioned by central government as the Independent Complaints and Advocacy Service or ICAS. The service had been provided regionally by the Carers Federation, largely by telephone. Kirklees Council and Calderdale Council ran a co-ordinated process to select one organisation that was able to deliver a service in both areas. A 1 year grant was awarded to Kirklees Citizens Advice, acting as Lead Body. Delivery in Kirklees was carried out by Kirklees Law Centre under a sub-grant agreement. Key points - The service was fully operational from 1 st April 2013 with 10 cases being transferred from the previous provider. The pre-existing clients tended to be older, white British, with a surprisingly high proportion living in Mirfield. - Projected numbers of clients for is 88 (target 53) - New clients since 1 st April 2013 show increased diversity and are fully representative of communities living in Kirklees. Clients data is reported by age, gender, ethnic background and disability, with the latter analysed by type of disability % of clients report that that service they received from Kirklees Law Centre was good or very good (target 80%) - 75% of clients report that they feel better equipped to deal with their problem as a result of the intervention of the service (target 80%)

2 - Most complaints received have been about Hospital in-patients (33%), GP practices (28%), Hospital out-patients (20%), Dentists (7%) and Hospital A&E (5%). - 63% of complaints received were medical complaints and 37% were complaints about the service. - The service works very closely with Healthwatch Kirklees (they are based in the same offices in Dewsbury) with clients and issues being referred between them. Case Studies Two case studies are attached that are representative of the service and the issues encountered. Next steps It is suggested that as a matter of good practice, all NHS providers in Kirklees should agree to display leaflets for the NHS Complaints Advocacy Service. Officer recommendations and reasons Kirklees Council will renew the grant to Kirklees Citizens Advice for Consideration is being given to commissioning this service together with Healthwatch in recognition of the close relationship between the two services. Contact officers Mark Lacey, Chief Executive, Kirklees Citizens Advice Nick Whittingham, Chief Executive, Kirklees Law Centre Trudi Wright, Communities and Leisure, Kirklees Council

3 Case study ref no: 006 CASE STUDY Summary: No bed available for patient upon return from overnight visit home. Presenting issue: Client was admitted into the Priestley Unit as a voluntary patient for her own safety. She was allowed out to go home overnight with proviso that she returned to the ward by 10 am the following day. She returned by 9.45 a.m. accompanied by her husband. They were advised there was no bed available because a new patient had been admitted overnight. They were told this was what management had directed had to happen. Mr & Mrs H remained in a side room for the next five hours waiting for a bed to be found. Beds are found by an agency. Mrs H was asked if she would sleep on a bed in the table tennis room. She declined. Eventually they were advised there was no bed available within the Trust but a bed had been found in the hospital. She was provided with a bed on the older people s ward in the main part of the hospital (not mental health) and told she must return to the MH Unit the next morning to take part in activities. Client asked whether this might happen again if she was allowed home on leave and was told it probably would. Her husband said that he could anticipate that if she went home and knew she might face the prospect 1

4 of no bed being available upon her return, she would not want to go back. He was advised that if she refused to return someone would be sent out to collect her, she would then loose her privileges and would be sectioned under the Mental Health Act. Action taken: NHS complaint submitted to South West Yorkshire Partnership NHS Foundation Trust. Mrs H is seeking:- 1. An apology. 2. Changes to Policies, Practices and Procedures so that this incident with no bed being available does not happen again. 3. An investigation into the issue of bed allocation and associated problems and the findings to be shared with her. 4. An undertaking that if she cannot return because no bed is available for her to return to, she will not be sectioned under the Mental Health Act Issue passed to Healthwatch Outcome: Ongoing. 2

5 Casestudy ref no.: 001 CASESTUDY Summary: Dental practice incorrect assessment of client s eligibility for free dental treatment Presenting issue: Client had been using the same dental practice for over thirty years. She had dental treatment including the removal of a tooth, a filling and a crown. On the day of the treatment she was asked by the receptionist what benefits she was claiming. She said she was on JSA and when asked to provide proof she showed her signing on card. She later received a bill for over 207 from NHS Dental Services. Client was not aware she was actually getting contributory based JSA. The reception staff had not checked that she was on income related JSA or advised her that she would have to meet the full costs of her treatment. Client said that she would not have agreed to the full treatment had she known of her liability to pay the charges because she could not afford it. Action taken: After taking instructions over the phone we drafted a letter of complaint on her behalf. This was sent to the dental practice.

6 Outcome: Client was contacted by the dental practice who - Made a full apology - Advised the client that staff have had refresher training in checking eligibility for free dental treatment - Contacted the NHS dental charges department to avoid the client having to pay any penalty fees for late payment and agreed if any penalty charges were to apply the dental practice would pay these for Mrs H - Agreed that because they had been partly responsible in failing to correct check Mrs H s eligibility, the dental practice would pay ½ of the bill, reducing the treatment fee by 50%for Mrs H. Client was delighted with this outcome. She accepted that she also had a duty to provide correct proof of her benefit entitlement and was pleased that the dental practice staff have benefited from refresher training to avoid this happening to other users of the practice. She has already arranged a fee payment plan for the reduced bill which she believes she can now pay in full. Client was also pleased that the dental practice had recognised she was a long term and valued client and had addressed the matter so promptly.