What is the NHS complaints procedure?
The NHS complaints procedure is a formal process by which patients (and, in some cases, their family members) can raise concerns about NHS care. It is governed by the Local Authority Social Services and NHS Complaints (England) Regulations 2009, as amended.
Every NHS organisation — hospital, GP surgery, NHS dental practice, mental health trust, community health service — must have a complaints procedure and a named complaints manager responsible for handling complaints.
The procedure is designed to:
- Acknowledge your concern formally
- Investigate what happened
- Provide a written explanation
- Apologise where appropriate
- Identify any learning or improvements needed
The NHS complaints procedure is not a compensation mechanism. It cannot award you money in the way that a civil court can.
Who can make an NHS complaint?
You can make an NHS complaint if you are a patient who has received NHS care, or if you are acting on behalf of:
- A child (as their parent or guardian)
- An adult who lacks the capacity to complain themselves
- A deceased person (as their next of kin or personal representative)
There is a time limit of twelve months from the date of the incident, or from the date you became aware of the problem. The NHS can exercise discretion to accept complaints outside this period where good reason exists.
How do you make an NHS complaint?
You can complain:
- In writing (letter or email) to the relevant NHS organisation
- By telephone (though a written record is advisable)
- In person at the organisation's complaints office
- Using NHS England's online complaints form if you are complaining about a GP, dentist, or pharmacy in England
Who to complain to
If your complaint concerns care provided at an NHS hospital or trust: complain directly to the NHS Trust's Patient Advice and Liaison Service (PALS) or formal complaints team.
If your complaint concerns a GP, dentist, optician, or pharmacist commissioned by an NHS Integrated Care Board: complain to the practice directly or to the relevant Integrated Care Board.
If your complaint concerns an independent service providing NHS care (for example, a private company running NHS services): complain to that provider directly.
What to include in your complaint
Your complaint should include:
- Your full name, date of birth, and NHS number
- A clear description of what happened and when
- The names of any clinicians involved, if known
- What outcome you are looking for — an explanation, an apology, a change in practice
- Your preferred method of contact
What happens after you complain?
The NHS organisation must:
- Acknowledge receipt of your complaint within three working days
- Investigate the matters raised
- Provide a written response within an agreed timescale — typically within 25 working days, though complex complaints may take longer
- The response should explain what happened, acknowledge any failings, and set out any action being taken
If the investigation requires more time, the organisation must keep you informed and give a revised timeframe.
What if you are not satisfied with the NHS's response?
If you remain dissatisfied after receiving the organisation's formal response, you can escalate your complaint to the Parliamentary and Health Service Ombudsman (PHSO).
What is the Parliamentary and Health Service Ombudsman?
The PHSO is an independent body that investigates NHS complaints in England that have not been resolved by the NHS organisation itself. It is entirely independent of the NHS and of the government.
The PHSO can:
- Investigate your complaint and reach its own findings
- Uphold your complaint (in whole or in part) or not uphold it
- Recommend that the NHS organisation apologise, take corrective action, or make an ex gratia payment
- Publish reports on systemic failures
Important: The PHSO cannot award compensation equivalent to what a civil court can. Its financial remedies are typically limited. If you have suffered significant harm that caused lasting injury or financial loss, a legal compensation claim is likely to be the only route to full and fair compensation.
You must normally complain to the PHSO within twelve months of receiving the NHS organisation's final response.
Can you complain to the NHS and also bring a legal claim?
Yes. The two processes are completely separate and can run at the same time.
Making an NHS complaint does not affect your right to bring a legal negligence claim. Instructing a solicitor to pursue a legal claim does not stop you from also making or continuing an NHS complaint.
Many people do both. The NHS complaint may produce documents, investigation reports, and admissions that are useful evidence in a subsequent legal claim — although they are not legally binding on a civil court.
Does making a complaint affect your time limit to make a legal claim?
No — and this is critical.
The three-year legal time limit for a medical negligence claim under the Limitation Act 1980 continues to run regardless of any NHS complaint you have made or are pursuing. Making a complaint does not pause, reset, or extend the legal time limit.
If you are thinking about a legal claim, do not wait for your complaint to conclude before taking legal advice. If you allow the three years to expire while waiting for a complaint outcome, you may lose the right to bring a legal claim entirely.
What happens if the NHS upholds your complaint?
If the NHS investigation or the PHSO upholds your complaint, the organisation may:
- Issue a formal apology
- Acknowledge what went wrong
- Make a small ex gratia payment
- Commit to a change in practice
An upheld complaint does not automatically mean you have a legal negligence claim. A successful complaint shows that something went wrong — but to bring a legal claim you must also establish that the failure caused you harm (causation), and that the harm was significant enough to justify proceedings.
Equally, an unsuccessful complaint does not mean a legal claim will fail. The NHS complaint process is a different evaluation to the legal negligence test.
Can you use an NHS complaint response as evidence in a legal claim?
The documents produced during an NHS complaint investigation — including the formal response, any investigation reports, and any admissions of failing — can be relevant evidence in a subsequent legal claim. However, they are not binding on a civil court. The court will make its own assessment based on all the evidence, including the independent medical expert reports obtained by your solicitor.
When should you consider a legal claim instead of, or as well as, a complaint?
Consider a legal claim if:
- You suffered significant physical or psychological harm as a result of negligent care
- You have experienced ongoing disability, reduced quality of life, or loss of earnings
- You have incurred financial losses — past or future care costs, medical treatment, lost income
- A family member has died as a result of what you believe was negligent care
- You want full financial compensation, not just an apology or explanation
A legal claim is the only route to proper financial compensation for the harm caused by clinical negligence. An NHS complaint, however well-handled, cannot achieve this.
How to start a legal claim after an NHS complaint
If you have made a complaint and believe you may also have a legal claim, you should seek specialist legal advice as early as possible.
A specialist clinical negligence solicitor will:
- Review the circumstances of your case
- Assess whether there appear to be grounds for a claim
- Advise on the time limit and whether you are at risk of it expiring
- Obtain your medical records
- Instruct an independent expert
Use the free anonymous claim checker on this site. It takes around 60 seconds and asks five questions based on the same tests a specialist solicitor applies. See the full claims process guide for what happens next.
Frequently asked questions
How long does an NHS complaint take?
Most NHS complaints receive a formal response within 25 working days. Complex complaints may take longer. If the NHS asks for more time, they must tell you why and give a revised date. If you escalate to the PHSO, investigations typically take several months.
What is the time limit to make an NHS complaint?
Twelve months from the date of the incident or from the date you became aware of the problem. The NHS can accept complaints outside this period where good reason exists.
Do I need a solicitor to make an NHS complaint?
No. You can make an NHS complaint without any legal help. However, if you are also considering a legal negligence claim, you should consult a specialist solicitor at the same time rather than waiting.
What if the NHS rejects my complaint?
If the NHS does not uphold your complaint, you can escalate to the Parliamentary and Health Service Ombudsman. You can also pursue a legal negligence claim independently of the complaint outcome.
Can I complain about a GP surgery?
Yes. GP surgeries are required to have a complaints procedure. You can complain directly to the practice or to the relevant NHS Integrated Care Board.
What is the difference between an NHS complaint and a legal claim?
An NHS complaint is an internal process run by the NHS that can result in an apology, explanation, or small financial remedy. A legal compensation claim is pursued through the civil courts and can result in full compensation for your injuries and financial losses. Only a legal claim can deliver the level of compensation needed to cover care costs, lost earnings, and pain and suffering.
Sources and further reading
- Local Authority Social Services and NHS Complaints (England) Regulations 2009
- Parliamentary and Health Service Ombudsman: www.ombudsman.org.uk
- Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (Duty of Candour)
- Limitation Act 1980