Everyone who provides an NHS service must provide their own complaints procedure, this is normally found in waiting rooms or on their website but if you aren't able to find it ask the provider for a copy. You will need to follow the procedure as detailed.  If you haven’t been able to resolve the issue you can make a complaint.

It may be helpful to contact the Patient Advice and Liaison Service (PALS) as they can provide you with advice and support and may be able to help you rectify the complaint on an informal level.   

If after trying to resolve the complaint on an informal level you've decided to formalise it the Independent NHS Complaints Advocacy Service could support you with the procedure you would need to undertake.  

Healthwatch (health and social care consumer champions) may also be able to offer support and advice.

You may also want to complain to the commissioner: this is the organisation that paid for the service or care you received. The commissioner will vary depending on the NHS service you are complaining about.

You can contact or complain to the Integrated Care Board about support or services:
Norfolk and Waveney ICB, email: nwicb.complaintsservice@nhs.net

Mediation and Disagreement Resolution

If you have a concern about the health needs assessment or provision as part of the EHC process you can request disagreement resolution services. In Norfolk these are provided by Anglia Care Trust. Download the Anglia Care Trust leaflet (PDF)

You can request mediation about the health care needs or provision in an EHCP. The health commissioners will arrange this if you are disagreeing only with the health needs or provision, otherwise it will be the local authority who arranges mediation. This will take place within 30 days, and the mediation provider must be independent from the local authority and commissioners.

If you’re not happy with the outcome of your complaint:

The Parliamentary and Health Service Ombudsman (PHSO) can:

  • investigate complaints that individuals have been treated unfairly or have received a poor service
  • investigate complaints about the commissioning and provision of healthcare. 
  • usually only investigate a complaint once the NHS organisation has had a chance to resolve the issue first. 
  • conduct joint investigations with the Local Government and Social Care Ombudsman (LGO) where a complaint includes concerns about the delivery of the health provision in EHC plans.

In association with the PHSO, the LGO can also investigate complaints about the delivery of health provision set out in plans. They cannot investigate the decision you disagree with but can consider the decision-making process and the delivery of provision set out in EHC plans.

Extended Powers of the SEND Tribunal

If you are appealing to the SEND Tribunal about the education sections of an EHC plan, you can also ask the tribunal to consider health and social care provisions under their extended powers. Though the tribunal will not be able to make legally binding orders on health and social care, it is expected that their recommendations will generally be followed. You can read more about extended powers here

Health resources relating to Autism and/or learning disability

The NHS Transforming Care Partnership work with the Government and other health and care organisations to make sure that people with a learning disability, autism or both who display behaviour that challenges, including people with a mental health condition get the best possible care.

Care and Education Treatment review factsheet (for children and young people with Autism and/or a learning disability who are at risk of being admitted to or are currently being detained in an in-patient psychiatric service) 

Care and treatment reviews – survival guide for families from Bringing us together’ 

‘Ask, listen, do‘ – NHS top tips for raising concerns (children and young people with Autism and/or a learning disability)