| Previous Section | Index | Home Page |
Mrs. Fyfe: As it is clear that knowledge of this dentist's conduct became known to at least one health board as early as 1987, will the Minister undertake to look at how it is possible for patients to go on having such mistreatment before matters are resolved? I hope he will agree that this has taken far too long to reach a conclusion.
Lord James Douglas-Hamilton: I have made inquiries as to why it took so long. The only thing that I can say is that it is always easier to view events more
11 Nov 1996 : Column 134
clearly with hindsight. The board did not receive complaints from patients until late 1993. Concerns before that were about possible irregularities in payment claims and the board conducted a detailed six-month investigation early in 1993. That, coupled with complaints from patients, convinced the board that the position was sufficiently serious to warrant direct referral to an NHS tribunal, which was done in January 1994. I have no doubt that there are lessons to be learnt after episodes of this nature and I will ensure that the hon. Lady's remarks are forwarded to Greater Glasgow health board.
As I have said, since these unfortunate events, the Scottish Office has acted to introduce a new NHS complaints procedure. The purpose is to provide a simple, flexible, impartial and easily accessible system for the public, as well as being fair to NHS practitioners and staff. Local resolution is the key to the success of the new procedure. The provider of the service--the NHS trust, GP practice, dentist, pharmacist or optician--will respond to the complaint and try to provide an answer that satisfies the complainant. That will be speedy and informal.
If the complainant is still dissatisfied, a non-executive director of a trust or health board, called a convenor, will review the complaint in consultation with an independent lay person. The convenor may decide to ask the provider to make a further attempt to resolve the complaint, perhaps through conciliation, to set up an independent review panel to consider the complaint, or to inform the complainant that everything that could reasonably have been done has been done to resolve the complaint. Panels will have an independent lay chairman and a majority of members completely independent of the service provider. The panel will be advised on clinical matters by independent clinical assessors.
If the complainant remains dissatisfied with the response from that process, there is recourse to the health service commissioner, whose powers have been extended by virtue of the Health Service Commissioners Act 1993 so that he can consider clinical complaints, complaints against primary care services practitioners, and complaints about services provided in the independent sector of the NHS. The new system will support the commitment of professionals and staff to achieve a high quality of service.
To ensure that the new system is operating efficiently and effectively, guidance has been issued to all health boards, NHS trusts and primary care services. Training programmes that are supported by extensive, centrally prepared material are in hand in all trusts and health boards for front-line staff, convenors and lay members as appropriate. Health boards have reported that training seminars have been organised for primary care practitioners, as well as for their own staff.
Although health boards have been asked to be flexible when considering complaints made outwith time limits, they are expected to maintain a balance of fairness between complainant and practitioner. Where it is suspected that the events in question amount to a breach of the terms of service, a health board must refer the matter for investigation within 28 days. If a matter comes to the attention of a health board other than as a result of a complaint, action must be taken within 13 weeks. In certain cases concerning dentists, the period is six months, as before. Late referrals cannot proceed. Those provisions are simpler and fairer.
11 Nov 1996 : Column 135
There have been amendments to the Dentists Act 1984. The General Dental Council is the regulatory body for the dental profession and is charged, under the Act, with promoting high standards. They include a requirement for dentists to undertake annual continuing professional education and a proposal to establish a statutory career redevelopment scheme for dentists operating within and outwith the NHS who are identified as requiring to improve their competence. The council also proposes that,
11 Nov 1996 : Column 136
| Index | Home Page |