Complaints and compliments

Complaints

From the 1 April 2021, health and social care services historically provided by the Department of Health and Social Care (DHSC) became the responsibility of Manx Care. Arrangements for the handling of complaints have therefore been amended to reflect the distinct roles of DHSC and Manx Care. The National Health Services (Complaints) (Amendment) Regulations 2021 underpin this new approach and frame the respective duties and responsibilities of DHSC, Manx Care and the Independent Review Body (IRB).

Manx Care provides a wide range of services to the people of the Island and for the most part their experience is a positive one. However, things can go wrong, and when this happens complaints are positively welcomed. Your views about the quality of Manx Care services can help improve the way they are delivered in the future and ensure that lessons are learnt. Manx Care are responsible for the early local resolution of complaints and this includes formal investigation where necessary. This page provides information about how to pursue a complaint with Manx Care concerning its delegated functions and responsibilities.

If your views, concerns or complaint refers specifically to the strategic development of the Island’s health and social care system as overseen by the DHSC or relate to the exercise of the DHSC’s statutory functions (including matters of planning, finance, assurance and regulation) then please follow this link to the DHSC Compliments and Complaints Procedures.

Comments / suggestions / compliments

Manx Care encourages comments and suggestions about its respective functions, duties and responsibilities. Like complaints, these can help shape and improve the design and delivery of health and social care services on the Island. Compliments are also very much welcomed, as knowing what works well is as important as putting things right when they go wrong. If you wish to make a comment or suggestion, or indeed want to share a compliment, simply share your feedback with the relevant responsible manager at Manx Care.

Complaints

Who can complain?

If you are dissatisfied with any aspect of the service or treatment you have received from Manx Care, we hope you will raise these issues with the relevant staff member or their manager.

If you cannot make a complaint yourself, you can ask someone else to do this on your behalf, but we will need your written consent for this. In this case, we will write to you upon receiving the complaint and ask you to complete a 'consent to share' form.

Local resolution

Manx Care encourages the early informal resolution of complaints about its respective functions, duties and responsibilities. Where appropriate or necessary, a formal investigation into the issues raised by the complainant can be conducted.

Early Informal Resolution

You can make your complaint directly to the relevant staff member or manager.

• Over the telephone
• In writing
• In person
• By e-mail

You will have the opportunity to explain why you are unhappy and what you would like done to put matters right. The majority of complaints are resolved through an early informal intervention which normally takes no more than 5 working days to complete.

Formal Investigation

Where it has not been possible to resolve a complaint through early informal resolution, you can request a formal investigation. Investigations are also undertaken when the issues raised are more complex and require a more detailed level of inquiry into the available evidence.

Complaints about the functions, duties and responsibilities of Manx Care including matters of service delivery and organisational policy should be directed to the respective Care, Quality and Safety Team as shown below.

For more detailed information, please refer to the leaflet 'National Health Service Complaints Procedure - a patient's guide', which is also available to download on this page. All complaints will be dealt with promptly, courteously and in confidence, and where a formal complaint is made, it will be acknowledged within 2 working days and generally responded to within 20 working days (other than in exceptional cases where an extension will be agreed with the complainant). The response will detail the findings, conclusions and recommendations of the investigation and your further rights under the relevant process.

Details of how to make a complaint are provided in a downloadable document which is also available in most healthcare settings.

Complaints about your detention under the Mental Health Act

Patients have the right to appeal their detention under the Mental Health Act. You can appeal to the Mental Health Review Tribunal for your discharge. To do this you must appeal by completing an application form available from the ward.

Once completed you must ask a member of staff to hand deliver the form to the Patient Rights Officer who will deliver your application to the Tribunal Office. A hearing will be arranged by the Tribunal Office.

Your nearest relative can also write to the Hospital Managers to ask them to allow you to leave hospital. Your nearest relative must apply in writing and must give 72 hours' notice. The letter should be hand delivered to staff on the ward. Your doctor will be asked for a report and if the reports says you should not be discharged, then you will have to stay in hospital.

If you are complaining specifically about your treatment under the Mental Health Act you can also complain directly to the Mental Health Commission (MHC). The MHC is an independent body who is concerned with safeguarding the rights of those detained under the Act. You can find out more about the Commission by visiting thhe Isle of Man Mental Health Commission page.

Independent Review

Where patients or service users are unhappy with the final decision of Manx Care concerning the substance of their complaint (i.e. care, treatment or an organisational policy decision) a consideration of the matter by the Independent Review Body (IRB) can be requested. You must apply within 28 days of receiving the written report into your formal complaint.

If your complaints is exclusively about the way Manx Care handled the original complaint then this complaint can be referred to the DHSC as set out below.

Once the IRB has have gathered all of the necessary information and considered the matter fully, it will prepare a report which you should receive within 28 working days, or where that is not possible, as soon as reasonably practicable, informing you of the IRB’s findings, conclusions and recommendations. Further details about the role of the IRB are contained in the downloadable patient leaflet. The IRB can be contacted in writing at the following address:

DHSC Review

If your continuing dissatisfaction is specifically and exclusively about the way in which Manx Care have handled your complaint you can refer such complaints to the DHSC.  As part of the Department’s statutory responsibilities for assuring the quality of the Island’s health and social care system, it can look at whether Manx Care has complied with its statutory obligations where complaint handling processes are concerned. The DHSC cannot however consider matters falling rightly within the remit of Manx Care or the IRB, e.g. patient or service user dissatisfaction with the outcome of the care and treatment provided by Manx Care. Requests for a complaint handling review by DHSC should be directed to:

The following flowchart provides a simplified headline overview of the revised arrangements for complaint handling under the provisions of the Manx Care Act 2021 and the associated National Health Services (Complaints)(Amendment) Regulations 2021.

NB: Independent health and social care service providers who are commissioned by Manx Care are required by the Regulations to have their own complaints procedures