Healthcare professionals are trained to offer patients the option of having a trained medical chaperone present during any personal or intimate physical examination.

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As a patient you can ask for one at any time if you would feel more comfortable.

We recognise it is important to ensure a sense of trust, dignity and privacy throughout all consultations. Consent is also required from a parent or legal guardian prior to the physical examination of any child or young person.

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A relative or friend accompanying you may remain present during examinations at your own discretion, and with the agreement of your doctor, but the use of suitably trained personnel is more appropriate for the purposes of chaperoning. If such a member of staff is unavailable we will offer to re-schedule your appointment accordingly, as you prefer.

Introduction

This policy sets out the Practice’s approach to the handling of complaints.  From 1^st April 2009 a common approach to the handling of complaints was introduced across health and adult social care. This procedure complies with this.

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Policy

The Practice will take reasonable steps to ensure that patients are aware of:

• the complaints procedure
• the role of West Yorkshire Integrated Care Board and other bodies in relation to complaints about services under the contract. This includes the ability of the patient to complain directly to West Yorkshire ICB and to escalate to the Ombudsman.
• their right to assistance with any complaint from independent advocacy services.

The Practice Operations Manager or Lead Administrator, in their absence, is responsible for complaints handling.

The lead Partner for complaints handling is Dr Sohail Ahmed.

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Procedure

Receiving of complaints

The Practice may receive a complaint made by, or (with his/her consent) on behalf of a patient, or former patient, who is receiving or has received treatment at the Practice, or:

(a) Where the patient is a child:

• by either parent, or in the absence of both parents, the guardian or other adult who has care of the child
• by a person duly authorised by a local authority to whose care the child has been committed under the provisions of the Children Act 1989
• by a person duly authorised by a voluntary organisation by which the child is being accommodated.

(b) where the patient is incapable of making a complaint, by a relative or other adult who has an interest in his/her welfare. A recognised advocate organisation such as Health watch may act on a patient’s behalf, with patient consent.

All complaints, written and verbal will be recorded, and written complaints will be acknowledged in writing within 3 working days of receipt.

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Period within which complaints can be made

The period for making a complaint is normally:

(a) 6 months from the date on which the event which is the subject of the complaint occurred; or

(b) 6 months from the date on which the event which is the subject of the complaint comes to the complainant’s notice.

Complaints should normally be resolved within 6 months. The practice standard response time will be within 28 working days from receipt of the complaint. Should this timescale be unachievable then the complainant will be informed and permission to extend sought.

The Practice Manager or lead Partner has the discretion to extend the time limits if the complainant has good reason for not making the complaint sooner, or where it is still possible to properly investigate the complaint despite extended delay.

When considering an extension to the time limit it is important that the Practice Manager or the Partner takes into consideration that the passage of time may prevent an accurate recollection of events by the clinician concerned or by the person bringing the complaint. The collection of evidence, Clinical Guidelines or other resources relating to the time when the complaint event arose may also be difficult to establish or obtain. These factors may be considered as suitable reason for declining a time limit extension.

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Action upon receipt of a complaint

We ask that complaints are submitted in writing to ensure we have all the relevant information required to be able to complete a full and thorough investigation. Complaints must be forwarded to the Practice Management Team, who will:

• acknowledge in writing within the period of 3 working days beginning with the day on which the complaint was made or, where that is not possible, as soon as reasonably practicable. Include an offer to discuss the matter in person. Advise the patient of potential timescales and the next steps
• ensure the complaint is properly investigated. Where the complaint involves more than one organisation the Manager will liaise with his / her counterpart to agree responsibilities and ensure that one coordinated response is sent
• Where the complaint has been sent to the incorrect organisation, advise the patient within 3 working days and ask them if they want it to be forwarded on. If it is sent on, advise the patient of the full contact details
• provide a written response to the patient as soon as reasonably practicable ensuring that the patient is kept up to date with progress as appropriate. This will include a full report and a statement advising them of their right to take the matter to the Parliamentary Ombudsman if required.

Unreasonable Complaints

Where a complainant becomes aggressive or, despite effective complaint handling, unreasonable in their promotion of the complaint, some or all of the following formal provisions will apply and will be communicated to the patient.

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Final Response

This will include:

• A clear statement of the issues, investigations and the findings, giving clear evidence-based reasons for decisions if appropriate
• Where errors have occurred, explain these fully and state what will be done to put these right, or prevent repetition
• A focus on fair and proportionate outcomes for the patient, including any remedial action or compensation
• A clear statement that the response is the final one, or that further action or reports will be send later
• An apology or explanation as appropriate
• A statement of the right to escalate the complaint, together with the relevant contact detail

Annual Review of Complaints

The practice will establish an annual complaints report, incorporating a review of complaints received, along with any learning issues or changes to procedures which have arisen. This report is to be made available to any person who requests it and may form part of the Freedom of Information Act Publication Scheme.

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This will include:

• Statistics on the number of complaints received
• Justified / unjustified analysis
• Known referrals to the Ombudsman
• Subject matter / categorisation / clinical care
• Learning points
• Methods of complaints management
• Any changes to procedure, policies or care which have resulted.

Confidentiality

All complaints will be treated in the strictest confidence.

Where the investigation of the complaint requires consideration of the patient’s medical records, the Manager must inform the patient or person acting on his/her behalf if the investigation will involve disclosure of information contained in those records to a person other than the Practice or an employee of the Practice.

The practice will keep a record of all complaints and copies of all correspondence relating to complaints, but such records will be kept separate from patients’ medical records.

If you feel unable to raise your complaint with us directly or if you believe this is not appropriate, you can raise your complaint with the ICB who commission and pay for the NHS services you use by:

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Email: wyicb.pals@nhs.net

Telephone: 01924 552150  (Monday to Friday 9-4:30 pm, excluding bank holidays)

Please note that the team receives a high number of telephone calls daily and may not be able to respond instantly to each one.

In writing: Patient Advice and Liaison Service, West Yorkshire Integrated Care Board, White Rose House West Parade, Wakefield WF1 1LT

‍Please note: The ICB is unable to consider or reconsider the same concerns or complaints you have raised with us.

Citizens Advice Bureau also provides information and advice about making complaints.

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Take it Further.

If you remain unhappy after receiving our final reply, you can ask the Health Service Ombudsman to review your complaint independently.

The Ombudsman is independent of the NHS and free to use. It can help resolve your complaint and tell the NHS how to put things right if it has got them wrong.

The Ombudsman only has legal powers to investigate certain complaints. You must have received a final response from the Practice before the Ombudsman can look at your complaint. Unless there are exceptional circumstances, it will generally not investigate your complaint if it happened more than 12 months ago.

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All post should be sent to their main office in Manchester:

Parliamentary & Health Service Ombudsman

Citygate
Mosley Street
Manchester
M2 3HQ

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‍Phone: 0345015 4033

Their lines are open: Monday to Thursday 8.30 am to 5.00 pm | Friday 8.30 am to 12pm.

Before considering taking this step, we hope you would let us know what aspect of the complaint has not been dealt with satisfactorily and provide an opportunity for us to consider whether there is anything further that could be done locally to resolve matters.

Data Choices

Your Data Matters to the NHS

Information about your health and care helps us to improve your individual care, speed up diagnosis, plan your local services and research new treatments. The NHS is committed to keeping patient information safe and always being clear about how it is used.

How your data is used

Information about your individual care such as treatment and diagnoses is collected about you whenever you use health and care services. It is also used to help us and other organisations for research and planning such as research into new treatments, deciding where to put GP clinics and planning for the number of doctors and nurses in your local hospital.  It is only used in this way when there is a clear legal basis to use the information to help improve health and care for you, your family and future generations.

Wherever possible we try to use data that does not identify you, but sometimes it is necessary to use your confidential patient information.

You have a choice

You do not need to do anything if you are happy about how your information is used. If you do not want your confidential patient information to be used for research and planning, you can choose to opt out securely online or through a telephone service. You can change your mind about your choice at any time.

Will choosing this opt-out affect your care and treatment?

No, choosing to opt out will not affect how information is used to support your care and treatment. You will still be invited for screening services, such as screenings for bowel cancer.

What do you need to do?

If you are happy for your confidential patient information to be used for research and planning, you do not need to do anything.

To find out more about the benefits of data sharing, how data is protected, or to make/change your opt-out choice visit www.nhs.uk/your-nhs-data-matters

 How we use your personal information  

This privacy notice explains why the practice collects information about patients, members of staff and visitors to the practice, and how we use your information. 

So that we can provide you with the best possible service, a variety of information is collected about you from a range of sources, such as your local NHS hospitals. This information is used to support your healthcare. Under the General Data Protection Regulation (GDPR) information about your physical and mental health, racial or ethnic origin and religious belief are considered as special category (sometimes known as sensitive) personal information and is subject to strict laws governing its use. This page explains why the Practice collects personal information about you, the ways in which such information may be used, and your rights under the General Data Protection Regulation. The Practice is legally responsible for ensuring its processing of personal information is in compliance with the general data protection regulation. The practice becomes what is known as the data controller, which simply means that we are responsible for maintaining the security and confidentiality of the personal information that you provide us with. 

Security of Information 

Confidentiality affects everyone: Caritas Group Practice collect’s, stores and uses large amounts of personal and sensitive personal data every day, such as medical records, personnel records and computerised information. This data is used by many people in the course of their work.  

We take our duty to protect personal information and confidentiality very seriously and we are committed to comply with all relevant legislation and to take all reasonable measures to ensure the confidentiality and security of personal data for which we are responsible, whether computerised or on paper.  

The partners have appointed a Senior Information Risk Owner who is accountable for the management of all information assets and any associated risks and incidents, and a Caldicott Guardian who is responsible for the management of patient information and patient confidentiality. 

Legal Basis for processing your information 

Under GDPR the Practice are mandated to identify a legal basis to process your personal information.   

Special Category data (Health Records) under 9(2)(h) – “Necessary for the reasons of preventative or occupational medicine, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services” and occasionally 9(2)(c) “when it is necessary to protect the vital interests of a person who is physically or legally incapable of giving consent”  

Personal data under 6(1)(e) “Necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Practice (Data Controller)” and occasionally  6(1)(d) “ when it is necessary to protect the vital interests of a person who is physically or legally incapable of giving consent”  

Personal data under 6 (1) (f) “Processing is necessary for the purposes of the legitimate Interests pursued by the Data Controller or by a third party”   

Personal data under 6(1)(b) “processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law in so far as it is authorised by Union or Member State law or a collective agreement pursuant to Member State law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;  

The Practice may need to keep and process information about you for employment purposes. The information we hold and process will be used for our management and administrative use only. We will keep and use it to enable us to comply with contractual, statutory, and management obligations and responsibilities. We collect information during the recruitment process, whilst you are working for us and at the time when your employment ends. This includes using information to enable us to comply with the employment contract, to comply with any legal requirements, pursue the legitimate interests of the Practice and protect our legal position in the event of legal proceedings.  

Why do we collect information about you 

All clinicians and health and social care professionals caring for you keep records about your health and any treatment and care you receive from the NHS. These records help to ensure that you receive the best possible care. They may be paper or electronic and they may include: 

We will collect information about you as a member of staff or potential member of staff 

We may also collect information relating to those people who visit the practice, either in a professional capacity or accompanying a patient 

• Basic details about you such as name, address, email address, NHS number, date of birth, next of kin, etc. 

• Contact we have had with you such as appointments or clinic visits. 

• Notes and reports about your health, treatment and care – A&E visits, in patient spells or clinic appointments 

• Details of diagnosis and treatment given 

• Information about any allergies or health conditions. 

• Results of x-rays, scans and laboratory tests. 

• Relevant information from people who care for you and know you well such as health care professionals and relatives. 

• Information that you give us when you enquire or apply for a job with us including name, address, contact details (including email address and phone number) 

• Information you give to us in connection with your employment, 

• Such as bank account details & National Insurance number 

• Application form and references 

• Employment Contract 

• Records of holiday’s sickness and other absences. 

• Training records 

• Any disciplinary or grievance records. 

• For visitors to the practice basic information such as name and vehicle registration number 

It is essential that your details are accurate and up to date. Always check that your personal details are correct when you visit us and please inform us of any changes to your contact details. This minimizes the risk of you not receiving important correspondence.  

By providing the Practice with their contact details, patients are agreeing to the Practice using those channels to communicate with them about their healthcare, i.e. by letter (postal address), by voice mail or voice message (telephone or mobile number), by text message (mobile number) or by email (email address). 

How your personal information is used 

In general your records are used to direct, manage and deliver the care you receive to ensure that: 

• The doctors, nurses and other health or social care professionals involved in your care have accurate and up to date information to assess your health and decide on the most appropriate care for you. 

• Health or social care professionals have the information they need to be able to assess and improve the quality and type of care you receive. 

• Your concerns can be properly investigated if a complaint is raised. 

• Appropriate information is available if you see another clinician or are referred to a specialist or another part of the NHS or social care. 

As a member of staff we need to keep and process information about you for employment purposes. The information we hold and process will be used for our management and administrative use only. We will keep and use it to enable us to comply with contractual, statutory, and management obligations and responsibilities. We collect information during the recruitment process, whilst you are working for us and at the time when your employment ends. This includes using information to enable us to comply with the employment contract, to comply with any legal requirements, pursue the legitimate interests of the practice and protect our legal position in the event of legal proceedings 

The NHS care record guarantee 

The Care Record Guarantee is our commitment that we will use records about you in ways that respect your rights and promote your health and wellbeing. Copies of the full document can be obtained from:  

https://digital.nhs.uk/binaries/content/assets/legacy/pdf/1/8/care_record_guarantee.pdf 

The Records Management Code of Practice 

This Records Management Code of Practice for Health and Social Care 2016 is a guide for the NHS to use in relation to the practice of managing records. It is relevant to organisations who work within, or under contract to NHS organisations in England. This also includes public health functions in Local Authorities and Adult Social Care where there is joint care provided within the NHS.  

The Code is based on current legal requirements and professional best practice.  

https://www.gov.uk/government/publications/records-management-code-of-practice-for-health-and-social-care 

How long are records retained? 

All records are retained and destroyed in accordance with the NHS Records Management Code of Practice.  

The Practice does not keep patient records for longer than necessary and all records are destroyed confidentially once their retention period has been met, and the Practice has made the decision that the records are no longer required. 

When do we share information about you 

We share information about you with others directly involved in your care; and also share more limited information for indirect care purposes, both of which are described below:  

Everyone working within the NHS has a legal duty to keep information about you confidential. Similarly, anyone who receives information from us also has a legal duty to keep it confidential.  

Direct Care Purposes 

• NHS Trusts and hospitals that are involved in your care. 

• NHS Digital and other NHS bodies. 

• Other General Practitioners (GPs). 

• Ambulance Services. 

• Clinical Commissioning Groups (CCG) 

You may be receiving care from other people as well as the NHS, for example Social Care Services. We may need to share some information about you with them so we can all work together for your benefit if they have a genuine need for it or we have your permission. Therefore, we may also share your information, subject to strict agreement about how it will be used, with: 

• Social Care Services. 

• Education Services. 

• Local Authorities. 

• Voluntary and private sector providers working with or for the NHS. 

We will not disclose your information to any other third parties without your permission unless there are exceptional circumstances, such as if the health and safety of others is at risk or if the law requires us to pass on information.  

Indirect Care Purposes:  

We also use information we hold about you to: 

• Review the care we provide to ensure it is of the highest standard and quality 

• Ensure our services can meet patient needs in the future 

• Investigate patient queries, complaints and legal claims 

• Ensure the hospital receives payment for the care you receive 

• Prepare statistics regarding NHS performance 

• Audit NHS accounts and services 

• Undertake heath research and development (with your consent – you may choose whether or not to be involved) 

• Help train and educate healthcare professionals 

Nationally there are strict controls on how your information is used for these purposes. These control whether your information has to be de-identified first and with whom we may share identifiable information. You can find out more about these purposes, which are also known as secondary uses, on the NHS England and NHS Digital’s websites: 

• www.england.nhs.uk 

• www.digital.nhs.uk 

Your Data Matters to the NHS  

• Information about your health and care helps us to improve your individual care, speed up diagnosis, plan your local services and research new treatments.  

• You can choose whether your confidential patient information is used for research and planning.  

• To find out more visit: https://www.nhs.uk/your-nhs-data-matters 

As a member of staff, we will only share your information for administering your contract of employment or where we are legally required to share your information.  

Covid-19 for Patients/Service Users 

This notice describes how we may use your information to protect you and others during the Covid-19 outbreak. 

The health and social care system is facing significant pressures due to the Covid-19 outbreak. Health and care information is essential to deliver care to individuals, to support health and social care services and to protect public health. Information will also be vital in researching, monitoring, tracking and managing the outbreak. In the current emergency it has become even more important to share health and care information across relevant organisations.  

Existing law which allows confidential patient information to be used and shared appropriately and lawfully in a public health emergency is being used during this outbreak. Using this law the Secretary of State has required NHS Digital; NHS England and Improvement; Arms Length Bodies (such as Public Health England); local authorities; health organisations and GPs to share confidential patient information to respond to the Covid-19 outbreak. Any information used or shared during the Covid-19 outbreak will be limited to the period of the outbreak unless there is another legal basis to use the data.  Further information is available on gov.uk here and some FAQs on this law are available here.  

During this period of emergency, opt-outs will not generally apply to the data used to support the Covid-19 outbreak, due to the public interest in sharing information.  This includes National Data Opt-outs.  However, in relation to the Summary Care Record, existing choices will be respected. Where data is used and shared under these laws your right to have personal data erased will also not apply.  It may also take us longer to respond to Subject Access requests, Freedom of Information requests and new opt-out requests whilst we focus our efforts on responding to the outbreak.  

In order to look after your health and care needs, we may share your confidential patient information including health and care records with clinical and non-clinical staff in other health and care providers, for example neighbouring GP practices, hospitals and NHS 111. We may also use the details we have to send public health messages to you, either by phone, text or email. 

During this period of emergency we may offer you a consultation via telephone or videoconferencing. By accepting the invitation and entering the consultation you are consenting to this. Your personal/confidential patient information will be safeguarded in the same way it would with any other consultation.  

We will also be required to share personal/confidential patient information with health and care organisations and other bodies engaged in disease surveillance for the purposes of protecting public health, providing healthcare services to the public and monitoring and managing the outbreak.  Further information about how health and care data is being used and shared by other NHS and social care organisations in a variety of ways to support the Covid-19 response is here.     

NHS England and Improvement and NHSX have developed a single, secure store to gather data from across the health and care system to inform the Covid-19 response. This includes data already collected by NHS England, NHS Improvement, Public Health England and NHS Digital. New data will include 999 call data, data about hospital occupancy and A&E capacity data as well as data provided by patients themselves.  All the data held in the platform is subject to strict controls that meet the requirements of data protection legislation. 

In such circumstances where you tell us you’re experiencing Covid-19 symptoms we may need to collect specific health data about you.  Where we need to do so, we will not collect more information than we require and we will ensure that any information collected is treated with the appropriate safeguards.   

We may amend this privacy notice at any time so please review it frequently. The date at the top of this page will be amended each time this notice is updated 

Other ways we use your information 

Call recording  

Telephone calls to the practice are routinely recorded for the following purposes: 

• To make sure that staff act in compliance with customer care procedures. 

• To ensure quality control. 

• Training, monitoring and service improvement 

• To prevent crime, misuse and to protect staff 

Data Subject Rights 

Under the General Data Protection Regulation (GDPR) 

• A right to confirmation that their personal data is being processed and access to a copy of that data which in most cases will be Free of Charge and will be available within 1 month (which can be extended to two months in some circumstances) 

• Who that data has or will be disclosed to; 

• The period of time the data will be stored for 

• A right in certain circumstances to have inaccurate personal data rectified, blocked, erased or destroyed; 

• Data Portability – data provided electronically in a commonly used format 

• The right to be forgotten and erasure of data does not apply to an individual’s health record or for public health purposes 

• The right to lodge a complaint with a supervising authority 

You’re right to object 

You have the right to restrict how and with whom we share information in your records that identifies you. If you object to us sharing your information we will record this explicitly within your records so that all healthcare professionals and staff involved with your care are aware of your decision. If you choose not to allow us to share your information with other health or social care professionals involved with your care, it may make the provision of treatment or care more difficult or unavailable.  

Please discuss any concerns with the clinician treating you so that you are aware of any potential impact. You can also change your mind at any time about a disclosure decision. 

Refusing or withdrawing consent 

The possible consequences of refusing consent will be fully explained to the patient at the time and could include delays in receiving care.  

In those instances where the legal basis for sharing of confidential personal information relies on the patient’s explicit or implied consent, then the patient has the right at any time to refuse their consent to the information sharing, or to withdraw their consent previously given.  

In instances where the legal basis for sharing information without consent relies on HRA CAG authorisation under Section 251 of the NHS Act 2006, then the patient has the right to register their objection to the disclosure, and the Practice is obliged to respect that objection.  

In instances where the legal basis for sharing information relies on a statutory duty/power, then the patient cannot refuse or withdraw consent for the disclosure. 

SMS Text messaging 

When attending the Practice for an appointment or a procedure you may be asked to confirm that the Practice has an accurate contact number and mobile telephone number for you. This can be used to provide appointment details via SMS text messages and automated calls to advise you of appointment times.  

CCTV 

We employ surveillance cameras (CCTV) on and around our practice in order to: 

• protect staff, patients, visitors and Practice property 

• apprehend and prosecute offenders, and provide evidence to take criminal or civil court action 

• provide a deterrent effect and reduce unlawful activity 

• help provide a safer environment for our staff 

• monitor operational and safety related incidents 

• help to provide improved services, for example by enabling staff to see patients and visitors requiring assistance 

You have a right to make a Subject Access Request of surveillance information recorded of yourself and ask for a copy of it. Requests should be directed to the address below and you will need to provide further details as contained in the section ‘How you can access your records’. The details you provide must contain sufficient information to identify you and assist us in finding the images on our systems.  

We reserve the right to withhold information where permissible by the General Data Protection Regulation (GDPR) 2018 and we will only retain surveillance data for a reasonable period or as long as is required by law. In certain circumstances (high profile investigations, serious or criminal incidents) we may need to disclose CCTV data for legal reasons. When this is done there is a requirement for the organisation that has received the images to adhere to the GDPR. 

How you can access your health records 

The GDPR 2018 gives you a right to access the information we hold about you on our records. Requests must be made in writing to the Practice. The Practice will provide your information to you within one month (this can be extended dependent on the complexity of the request) from receipt of your application. 

Data Controller 

The Data Controller responsible for keeping your information confidential is:  

Practice Manager. 

Data Protection Officer (DPO) 

The appointed DPO is Helen McNae. Helen.mcnae@this.nhs.uk 

Raising a concern 

Patients who have a concern about any aspect of their care or treatment at the Practice or about the way their records have been managed, should contact the Practice Manager.  

If you have any concerns about how we handle your information you have a right to complain to the Information Commissioners Office about it.  

The GDPR 2018 requires organisations to lodge a notification with the Information Commissioner to describe the purposes for which they process personal information. These details are publicly available from: 

Information Commissioner’s Office
Wycliffe House, Water Lane
Wilmslow, SK9 5AF

Telephone: 0303 123 1113   

Website: www.ico.org.uk 

Freedom of Information 

The Freedom of information Act 2000 provides any person with the right to obtain certain information held by the Practice, subject to a number of exemptions. If you would like to request some information from us, please contact us 

Please note: if your request is for information we hold about you (for example, your health record), please instead see above, under “How You Can Access Your Records”. 

All our patients have a named, accountable GP. Wherever possible, we try our best to make sure patients speak to the same clinician, particularly if they have multiple, or complex health problems. We believe this is better for our patients and clinicians and helps provide continuity of care and build a better relationship with your clinician. If you do not know the name of your GP, please contact us to find out.