Making an
NHS Complaint

If you’re unhappy with NHS care but don’t want to pursue a negligence claim, making a formal complaint can help you get answers, explanations, and reassurance (without taking legal action). Our specialist team are on-hand to guide you through this process.

Owned and operated by

Contact us for a free, no-obligation chat.

Call us on 0333 987 4161 or submit a form below.

How the NHS Complaints Process Works

Complaints are handled locally by the NHS organisation responsible for your care, such as a hospital trust, GP practice, or community service. Each must have a formal complaints procedure and respond within reasonable timeframes.

The process usually involves:

Submitting your complaint in writing, by email, or verbally.
Receiving an acknowledgement and explanation of next steps.
An investigation into what happened.
A written response addressing your concerns and outlining any learning or changes.

If you’re not satisfied, you can escalate the matter to the Parliamentary and Health Service Ombudsman. The complaints process is designed to resolve issues, not to award compensation, and it cannot determine legal liability.

We can help you prepare a clear, effective complaint that sets out the facts and protects your position if you later decide to explore negligence.

Get Started

Am I Eligible to Make a Claim?

To bring a successful claim, four key elements must usually be proven:

1

Duty of care

The healthcare provider had a legal responsibility to care for you.

2

Breach of duty

The care fell below acceptable medical standards.

3

Causation

The harm you suffered was a direct result of that substandard care.

4

Damage

You experienced physical, emotional, or financial harm as a consequence.

Is there a time limit?

You usually have three years from the date of the incident or when you first realised negligence may have occurred. Exceptions may apply for children or those lacking mental capacity.

Start Your Claim

The Claim Process

Suing the NHS is complex, but we handle everything from start to finish. Here’s how it works:

1

Initial assessment

We evaluate whether the care you received likely breached legal standards.

2

Medical records & expert evidence

We collect your records and consult independent medical specialists.

3

Letter of claim

This formal document outlines how the NHS provider failed in their duty of care and what impact that had. The NHS then has four months to investigate and respond.

4

Negotiation and settlement

If the NHS accepts liability, your solicitor will negotiate the amount of compensation you’re entitled to. Most cases settle before going to court.

5

Court proceedings (if needed)

If the NHS disputes the claim, we may issue formal court proceedings.

Get In Touch

Your Questions Answered

What’s the difference between an NHS complaint and a medical negligence claim?

An NHS complaint and a negligence claim serve different purposes. An NHS complaint is designed to:

Raise concerns about care, communication, delays, or treatment decisions
Get explanations, apologies, or reassurance
Prompt service improvements or internal learning

A medical negligence claim is a legal process. It focuses on whether:

The care fell below an acceptable medical standard, and
That failure caused you avoidable harm

A complaint does not result in compensation and does not determine legal fault. However, complaints often uncover evidence, timelines, or admissions that later support a negligence claim if you choose to explore one.

Will making a complaint stop me from making a claim later?

No. Making a complaint does not remove your legal rights.

In fact:

Complaint responses often clarify what happened and why
Written explanations can highlight medical errors or system failures
You can still seek legal advice at any stage

The only thing to be aware of is time limits for claims (often 3 years), which continue to run in the background. If you are unsure, early advice can help you complain without closing off future options.

How long do I have to make an NHS complaint?

In most cases, you should raise a complaint:

Within six months of the incident, or
Within six months of becoming aware that something went wrong

This must usually be no later than 12 months after the event itself. Exceptions can be made where there is good reason for delay, particularly in complex medical cases.

What if I’m unhappy with the NHS response?

If the initial response doesn’t address your concerns, you have options.

You may:

Ask the NHS organisation to review or clarify its response
Request a meeting to discuss unresolved issues
Escalate the complaint to the Parliamentary and Health Service Ombudsman, who reviews complaints independently

The Ombudsman cannot award compensation, but it can recommend apologies, explanations, and service changes.

Can I complain on behalf of someone else?

Yes. You can make a complaint for another person where appropriate, including:

Children
Someone who lacks mental capacity
A relative who has died

You may be asked to provide written consent or evidence of authority, unless the person is unable to give consent themselves. The system is designed to ensure vulnerable patients still have their concerns heard.

Will making a complaint affect my future NHS treatment?

No. NHS providers are under a duty not to treat patients differently because they have complained.

Your care:

Must continue to meet the same standards
Cannot be withdrawn or restricted because of a complaint

If you feel uncomfortable continuing with the same provider, you can request a transfer or change of GP or hospital where possible.

Should I get advice before submitting an NHS complaint?

You don’t have to – but it can be helpful, especially where care has caused harm.

Hospitals can become defensive when medical errors are raised. Support at this stage can help you submit a clear, factual complaint that protects your position, whether or not you later decide to explore a negligence claim.