Making an NHS England Complaint
Case Study background
Saira has got in touch with Mencap via the helpline following the death of her brother Mo. He was 35, non-speaking and had a moderate learning disability.
Mo didn’t receive the right antibiotic treatment for pneumonia, and he was then discharged to a care home without proper advice. He died within 7 days of being discharged to the care home.
Staff at the hospital didn’t notify the learning disability team that he was in hospital, and they failed to adequately investigate Mo’s symptoms with a higher level of suspicion given that he was unable to verbally communicate what problems he was having.
While Mo’s death was referred to the coroner, an inquest was denied. Saira still feels like there are unanswered questions as to how Mo died. She already has Mo’s medical records.
The Mencap Helpline team put Saira in touch with Sam, one of the volunteer solicitors at Rachel’s Voice, and he goes through the steps Saira can take.
Complaint Stages
PALS
Sam advises Saira that a good first step would be to make a complaint to the PALS (Patient Advice and Liaison Service) team at the NHS Trust where Mo was treated. He advises her that anyone affected by the actions or decisions made by the hospital can make a complaint, and that it is good to do this as soon as possible.
Hospital Investigation
A few weeks later the hospital confirm that they will be conducting an investigation into Mo’s death. Saira gets back in touch with Sam, who advises her to write a letter asking to confirm:
The name of the person who is responsible for leading the investigation
What the scope of the investigation is
What level they are conducting the investigation as
Estimated time frames to complete the investigation
What documents they have, and that the hospital will share any documents that she doesn’t already have so that they all have the same information available to them
That they will include a learning disability specialist as part of the investigation team
That Mo’s death has been reported to learning from deaths in the NHS programme
That Mo’s death was notified to LeDeR separately
That they will provide Saira with a copy of the report, a written response and an opportunity for a meeting once the investigation is concluded
How to get help with making a complaint
Rachel’s Voice
If you would like some initial assistance, and feel that a lack of learning disability accommodation caused the death of someone you know, Rachel’s Voice can help frame a complaint, help you look at any records, and assist you with that phase of an investigation. When the response comes through, we can help you understand it and raise any further questions before a meeting takes place.
We recommend time is taken to view the report with an adviser before any meeting so you are able to think about what questions the report has raised and that you have had time to consider the findings.
