How does the NHS complaints procedure work?
Short answerThe NHS complaints procedure has two stages. First is local resolution — your complaint is sent to the NHS service or commissioner involved, who must acknowledge it within 3 working days and respond in full. If you remain dissatisfied, the second stage is independent review by the relevant Ombudsman. Complaints should normally be raised within 12 months of the incident.
Stage 1 — Local resolution
You can complain in writing, by email, or verbally to:
- the NHS service that provided your care (GP practice, hospital trust, dental practice, community service); or
- the NHS commissioner — typically the Integrated Care Board (ICB) in England, the Health Board in Scotland or Wales, or the Health and Social Care Board in Northern Ireland.
The provider must acknowledge your complaint within 3 working days and agree how it will be investigated and how long it will take. There is no fixed deadline for the full response, but it should be timely and proportionate to the issues raised.
Stage 2 — The Ombudsman
If you are not satisfied with the local resolution response, you can ask the relevant Ombudsman to carry out an independent review:
- England: Parliamentary and Health Service Ombudsman (PHSO)
- Scotland: Scottish Public Services Ombudsman (SPSO)
- Wales: Public Services Ombudsman for Wales (PSOW)
- Northern Ireland: Northern Ireland Public Services Ombudsman (NIPSO)
Each Ombudsman is independent of the NHS and free to use. They can investigate whether there has been maladministration or service failure, and can recommend apologies, service changes and modest financial remedies — but they do not award clinical negligence compensation.
Free help with your complaint
You don't have to make a complaint alone. The NHS-funded Independent Complaints Advocacy service (provided locally — for example POhWER, VoiceAbility, Healthwatch or Citizens Advice in different areas) can help you write the complaint, attend meetings and understand the response.
Complaint vs legal claim — what's the difference?
A complaint asks the NHS to explain, apologise and improve. A clinical negligence claim asks a court to award compensation for harm caused by substandard care. They are entirely separate processes. Importantly:
- Making a complaint does not start a legal claim.
- Making a complaint does not pause the 3-year limitation period for a claim.
- You can do both at the same time, or one after the other.
Frequently asked questions
How do I make a complaint to the NHS?
You can complain directly to the NHS service involved (the GP practice, hospital trust or community service) or to the relevant NHS commissioner. Complaints should normally be made within 12 months of the incident or of becoming aware of it. The provider must acknowledge your complaint within 3 working days.
What happens if I am not happy with the response?
If you remain unhappy after the local resolution stage you can ask the Parliamentary and Health Service Ombudsman (England), the Scottish Public Services Ombudsman, the Public Services Ombudsman for Wales, or the Northern Ireland Public Services Ombudsman to investigate independently.
Will making a complaint affect my NHS care?
No. The NHS Constitution makes clear that you have a right to make a complaint without it adversely affecting your future care. If you are worried, you can ask to be treated by a different clinician at the same service.
Does an NHS complaint count as a legal claim?
No. The NHS complaints procedure and a clinical negligence compensation claim are separate processes. Making a complaint does not start a legal claim, and it does not pause the 3-year limitation period for bringing a court claim.