Data Protection Privacy Notice

Data Protection Privacy Notice

General Practices are usually the first point of contact if you have a health problem.  They can treat many conditions and give health advice.  They also refer patients to hospitals and other medical services for urgent and specialist treatments.

The data we hold may also be used to shape the way we work together to plan service improvements, improve the health and wellbeing of our communities, and take action to prevent illness and disease for individuals as well as wider communities.

The categories of personal information

Dependent on the purpose of processing, different categories of data may be used by the Practice.  Data can be categorised using the following terms:

Anonymised data – data where personal identifiable identifiers have been removed. Data protection laws and the Common Law of Confidentiality to do not apply to anonymised data.
Pseudonymised data – data where any information which could be used to identify an individual has been replaced with a fake identifier.  Pseudonymised data remains personal data and as such the Common Law Duty of Confidentiality and Data Protection legislation apply and there must be a lawful reason for using such data.
Person identifiable information (or personal data) – any information about an individual from which, either on its own or together with other information, that person may be identified. The Common Law Duty of Confidentiality and Data Protection legislation apply and there must be a lawful reason for using such data.

 

To find out more about the data processed for each purpose, please click on the links below (The Purpose(s) of Processing).

In addition to the above types of data, some information is considered protected regardless of the purpose of processing; this information does not form part of your shared care record and is not disclosed to any other third parties without your permission unless there are exceptional circumstances, such as if the health and safety of others is at risk or if the law requires us to pass on such information.

The purpose(s) of processing personal data

Ashford Medical Partnership processes data for the following purposes:

 

What is the lawful basis for the sharing?

Each purpose of sharing has its own lawful basis, and these can be found in detail on the associated Privacy Notices above.

Organisations we share your personal information with

Personal Data (including special category data) will only be shared between the general Practice and health and social care organisations that have signed a Joint Controller or Data Processing Agreement. These currently include:

  • Dartford and Gravesham NHS Trust (D&G)
  • East Kent Hospitals University NHS Foundation Trust (EKHUFT)
  • Medway Maritime Hospital – Medway NHS Foundation Trust (MFT)
  • Maidstone and Tunbridge Wells NHS Trust (MTW)
  • Kent and Medway Partnership NHS and Social Care Partnership Trust (KMPT)
  • North East London Foundation Trust (NELFT)
  • Kent Community Health NHS Foundation Trust (KCHFT)
  • HCRG Care Group Limited
  • Medway Community Healthcare (MCH)
  • South East Coast Ambulance Service (SECAmb)
  • Integrated Care 24 (IC24)
  • Out of hours providers (currently IC24, SECAmb, MCH and KCC Children’s Services)
  • NHS Kent and Medway
  • Kent County Council (children and adults social care departments) (KCC)
  • Medway Council (children and adults social care departments) (MWC)
  • GP federations.
  • Other Practice’s that form the Tunbridge Wells Primary Care Network
  • NHS Commissioning Support Units
  • Independent Contractors such as dentists, opticians, pharmacists
  • Private Sector Providers
  • Voluntary Sector Providers
  • Health care partnerships
  • Other Primary Care networks that we work in partnership with Tonbridge
  • Mental Health providers
  • Community trusts
  • Kent County Council/Medway council Social Care Services
  • NHS England
  • Local Authorities
  • School Nurse
  • Police & Judicial Services

How long do we keep your record?

The Practice maintains your records in accordance with the NHS Records Management Code of Practice 2023.

 

 

How we keep your personal information safe and secure

To protect personal and special category data, we make sure the information we hold is kept in secure locations and access to information is restricted to authorised personnel only.

Our appropriate technical and security measures include:

  • all employees and contractors who are involved in the processing of personal data are suitably trained, on an annual basis, in maintaining the confidentiality and security of the personal data and are under contractual or statutory obligations of confidentiality concerning the personal data.
  • robust policies and procedures for example password protection
  • technical security measures to prevent unauthorised access
  • use of ‘user access authentication’ mechanisms to make sure all instances of access to any personal data held on clinical systems are auditable against an individual, such as role-based access and Smartcard use to make sure appropriate and authorised access reminding staff of their responsibilities in complying with data protection legislation
  • encrypting information transmitted between partners
  • implementing and maintaining business continuity, disaster recovery and other relevant policies and procedures
  • completion of the Data Security and Protection Toolkit (DSPT) an annual self-assessment requirement that ensure organisation are compliant with the latest data protection and cyber requirements.
  • regular audit of policies and procedures to ensure adherence against these criteria

 

The NHS Digital Code of Practice on Confidential Information applies to all staff who access clinical systems. They are required to protect your information, inform you of how your information will be used, and allow you to decide if and how your information can be shared.

 

What are your rights?

Under data protection legislation, you have the right:

  • to be informed of the uses of your data: this enables you to be informed how your data is processed
  • of access: this enables you to have sight of or receive a copy of the personal information held about you and to check the lawful processing of it
  • to rectification: this enables you to have any incomplete or inaccurate information held about you corrected
  • to erasure: this enables you to request we erase personal data about you we hold. This is not an absolute right, and depending on the legal basis that applies, we may have overriding lawful grounds to continue to process your data
  • to restrict processing: this enables you to ask us to suspend the processing of personal information about you, for example, if you want us to establish its accuracy or the reason for processing it
  • to data portability: this enables you to transfer your electronic personal information to another party, where appropriate.
  • to object: this enables you to object to processing of personal data about you on grounds relating to your situation. The right is not absolute, and we may continue to use the data if we can demonstrate compelling legitimate grounds.
  • in relation to automated decision making and profiling: this enables you to be told if your data is being processed using automated software in relation to automated decision making and profiling note: No automated decision making or profiling is undertaken by the Practice.

 

Please note not all these rights are absolute, please see our ROPA for more details

If you wish to exercise your rights in any of the ways described above, you should in the first instance contact Kingswood surgery, kmccg.kingswood@nhs.net

Right to complain

You can get further advice or report a concern directly to kmccg.kingswood@nhs.net

 

Our Data Protection Officer function is provided by NHS Kent and Medway who can be contacted via email kmicb.gpdpoteam@nhs.net

You also have the right to contact the UK’s data protection supervisory authority (Information Commissioner’s Office) by:

Post: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
Phone: 0303 123 1113 (local rate) or 01625 545745 (national rate)
Emailhttps://ico.org.uk/concerns/handling/ 

Information about the way in which the NHS uses personal information and your rights is published by NHS Digital.

The NHS Constitution

The constitution establishes the principles and values of the NHS in England. It sets out the rights patients, the public and staff are entitled to. These rights cover how patients access health services, the quality of care you will receive, the treatments and programmes available to you, confidentiality, information and your right to complain, if things go wrong.

 

NHS England

NHS England collects health information from the records health and social care providers keep about the care and treatment they give, to promote health or support improvements in the delivery of care services in England.

 

Reviews of and changes to this privacy notice

We will review the information contained within this notice regularly and update it as required. We therefore recommend you check this webpage regularly to remain informed about the way in which we use your information.

 

 

 

 

GP earnings

Ashford Medical Partnership for the year ended 31 March 2022

“All GP practices are required to declare the mean earnings (e.g. average pay) for GPs working to deliver NHS services to patients at each practice.

The average pay for GPs who worked for six months or more in Ashford Medical Partnership in the last financial year was £93,044 before Tax and National Insurance. This is for 5 full-time GPs and 8 part-time GPs and 1 locum

This is the mean GP Net Earnings for the practice in respect of accounting periods ending in the financial year to 31st March 2020 1, which we are required to publish. A hard copy is available upon request.

The mean GP Net Earnings calculation includes:

· Income from NHS England, ICBs and local authorities for the provision of GP services that relate to the contract or which have been nationally determined

· Earnings are pre-tax, National Insurance and employee pension contributions

· GP Partner earnings are stated net of related practice expenses

The following are excluded from the calculation of mean GP Net Earnings:

· Certain income and costs related to the premises such as Notional Rent and Mortgage Interest

· Local Enhanced Service (LES) payments

· Dispensing income

· NHS Sundry income

· Non-NHS income

· Any employer NHS Pension contributions

Zero Tolerance

In the unlikely event that a patient becomes abusive or violent, the patient may be asked to leave the surgery and the police will be informed.

In particularly serious cases the doctor will consider removing the patient from the list.

Patients’ Rights and Responsibilities

Rights

Patients have a right to the following:

  • To be treated with respect.
  • To have confidentiality maintained at all times.
  • To have complaints and minor grievances dealt with effectively.
  • To request a chaperone.
  • To make informed choices about treatment.
  • To change surgery without giving a reason as quickly as possible.
  • To have all personal documents returned as quickly as possible.
  • To express a preference to receive services from a particular doctor or health care professional either generally or in relation to a particular condition.

Responsibilities

For the benefit of patients waiting to see the doctor:

  • Please do not allow children to be disruptive in the surgery.
  • If for any reason you are unable to keep your appointment please telephone the surgery as soon as possible so that the appointment can be released.
  • We would request that patients do not smoke whilst in the building.
  • For the comfort of others, please ensure that your mobile is switched off while you are in the surgery.

Infection Prevention Control Statement

Ashford Medical Partnership

Purpose 

This annual statement will be generated each year  in accordance with the requirements of the Health and Social Care Act 2008 Code of Practice on the prevention and control of infections and related guidance.

Infection Prevention and Control (IPC) Lead

The lead for infection prevention and control at Ashford Medical Partnership is Dr James Wong.

The IPC Lead is supported by Lead practice nurse Áine Quigley.

a.         Infection transmission incidents (significant events)

Significant events involve examples of good practice as well as challenging events.

Negative events are managed by the staff member who either identified or was advised of any potential shortcoming. This person will complete a Significant Event  (SE) form that commences an investigation process to establish what can be learnt and to indicate changes that might lead to future improvements.

All significant events are reviewed and discussed in a meeting each month. Any learning points are cascaded to all relevant staff where an action plan, including audits or policy review, may follow.

 
 
b.         Infection prevention audit and actions

Ashford Medical Partnership carry out monthly infection control audits of each site.

Annually Ashford Medical Partnership have an external IPC audit.

c.         Risk Assessments 

Risk assessments are carried out so that any risk is minimised to be as low as reasonably practicable. Additionally, a risk assessment which can identify best practice can be established and then followed.

This list of risk assessments is not exhaustive;

  • General IPC risks
  • Staffing, new joiners and ongoing training
  • COSHH
  • Cleaning standards
  • Curtain cleaning or changes
  • Staff vaccinations
  • Sharps
  • Water safety
d.         Training

In addition to staff being involved in risk assessments and significant events, at Ashford Medical Partnership all staff receive IPC induction training on commencing their post. Thereafter, all staff receive refresher training annually.

e.         Policies and procedures

Policies relating to infection prevention and control are available to all staff and are reviewed and updated annually. Additionally, all policies are amended on an ongoing basis as per current advice, guidance and legislation changes.

Responsibility

It is the responsibility of all staff members at Ashford Medical Partnership to be familiar with this statement and their roles and responsibilities under it.

Review

The IPC Lead Dr Wong and Áine Quigley Lead practice nurse are responsible for reviewing and producing the annual statement.

This annual statement will be updated on or before 29/01/2026

Signed by

Áine Quigley

For and on behalf of Ashford Medical Partnership

General Data Protection Regulation (GDPR)

Annex A – Practice privacy notice

Dr Naky and Partners at  Ashford Medical Partnership has a legal duty to explain how we use any personal information we collect about you, as a registered patient, at the practice. Staff at this practice maintain records about your health and the treatment you receive in electronic and paper format.

What information do we collect about you?

We will collect information such as personal details, including name, address, next of kin, records of appointments, visits, telephone calls, your health records, treatment and medications, test results, X-rays, etc. and any other relevant information to enable us to deliver effective medical care.

How we will use your information

Your data is collected for the purpose of providing direct patient care; however, we can disclose this information if it is required by law, if you give consent or if it is justified in the public interest. The practice may be requested to support research; however, we will always gain your consent before sharing your information with medical research databases such as the Clinical Practice Research Datalink and QResearch or others when the law allows.

In order to comply with its legal obligations, this practice may send data to NHS Digital when directed by the Secretary of State for Health under the Health and Social Care Act 2012. Additionally, this practice contributes to national clinical audits and will send the data that is required by NHS Digital when the law allows. This may include demographic data, such as date of birth, and information about your health which is recorded in coded form; for example, the clinical code for diabetes or high blood pressure.

Processing your information in this way and obtaining your consent ensures that we comply with Articles 6(1)(c), 6(1)(e) and 9(2)(h) of the GDPR.

Maintaining confidentiality and accessing your records

We are committed to maintaining confidentiality and protecting the information we hold about you. We adhere to the General Data Protection Regulation (GDPR), the NHS Codes of Confidentiality and Security, as well as guidance issued by the Information Commissioner’s Office (ICO). You have a right to access the information we hold about you, and if you would like to access this information, you will need to complete a Subject Access Request (SAR). Please ask at reception for a SAR form and you will be given further information. Furthermore, should you identify any inaccuracies, you have a right to have the inaccurate data corrected.

Risk stratification

Risk stratification is a mechanism used to identify and subsequently manage those patients deemed as being at high risk of requiring urgent or emergency care. Usually this includes patients with long-term conditions, e.g. cancer. Your information is collected by a number of sources, including Dr Naky and Partners; this information is processed electronically and given a risk score which is relayed to your GP who can then decide on any necessary actions to ensure that you receive the most appropriate care.

Invoice validation

Your information may be shared if you have received treatment to determine which Clinical Commissioning Group (CCG) is responsible for paying for your treatment. This information may include your name, address and treatment date. All of this information is held securely and confidentially; it will not be used for any other purpose or shared with any third parties.

Opt-outs

You have a right to object to your information being shared.  Should you wish to opt out of data collection, please contact a member of staff who will be able to explain how you can opt out and prevent the sharing of your information; this is done by registering a Type 1 opt-out, preventing your information from being shared outside this practice.

Retention periods

In accordance with the NHS Codes of Practice for Records Management, your healthcare records will be retained for 10 years after death, or if a patient emigrates, for 10 years after the date of emigration.

What to do if you have any questions

Should you have any questions about our privacy policy or the information we hold about you, you can:

  • Contact the practice’s data controller via email at accg.info.amp@nhs.net. GP practices are data controllers for the data they hold about their patients.
  • Write to the data controller at Willesborough Health Centre, Bentley Road, Ashford, TN24 0HZ
  • Ask to speak to the Business Manager Philip Blake, or their deputy Prue Plester

The Data Protection Officer (DPO) for Dr Naky and Partners is Philip Blake and he/she is based at Willesborough Health Centre

Complaints

In the unlikely event that you are unhappy with any element of our data-processing methods, you have the right to lodge a complaint with the ICO. For further details, visit the ICO website.

Changes to our privacy policy

We regularly review our privacy policy and any updates will be published on our website, in our newsletter and on posters to reflect the changes. This policy is to be reviewed 1 October 2018.

GPDPR (GP Data for Planning and Research Programme)

GP Data for Planning and Research Programme: GP data has a crucial role to play in research and planning which can improve public health, but it is important for patients and the public that this data is made available for appropriate purposes in a secure and trusted manner. This programme is a planned replacement for the GP Extraction Service (GPES) currently used to collect data for planning and research from general practices in England.

It is a legal obligation for the practice to comply with the Data Provision Notice ‘DPN’ for this programme as a result of a new direction from the secretary of state for health and social care as part of the Health and Care Act 2012. Once fully established, this new collection will replace multiple other data collections from general practices including the GPES in due course.

CQC Statement of Purpose

Under the Health and Social Care Act 2008 (The Care Quality Commission (Registration) Regulations 2009 Part 4), the registering body (Ashford Medical Partnership) is required to provide to the Care Quality Commission a statement of purpose.

 

The name and address of the registered provider is

Ashford Medical Partnership

Willesborough Health Centre

Bentley Road

Ashford

TN24 0HZ

Registered GP manager: Dr Navin Kumta

Ashford Medical Partnership consists of 6 GP partners and 5 salaried doctors:

Dr Navin Kumta, Dr Chun Man James Wong, Dr Iwin Varghese,

Dr Khodbakhsh Borhanzahi , Dr Raj Ramjutton,

and Dr Suhail Jan  (Partners)

Dr Sarah Harper, Dr Achamma Thomas, Dr Lalita Gurung, Dr Babita Gurung, Dr James Thompson, Dr Rachel Hodgkiss, Dr Similoluwa Femi-Akinpelu and Dr Seema Zulfikar (Salaried GPs)

 

The Partnership operates from purpose built sites in Willesborough, Singleton and St Stephens Health Centre in Ashford, Kent. The Willesborough and Singleton Health Centres merged in 2017 and subsequently a merger with South Ashford Medics was completed on 11th March 2019 to create Ashford Medical Partnership under a single G code – G82080.

As of 11th March 2019 in addition to the main site at Willesborough Health Centre we provide services from branch sites located at:

Singleton Health Centre – 10 Singleton Centre, Ashford, TN23 5GR

St Stephens Health Centre – St Stephens Walk, Ashford, TN23 5AQ

The Partnership also employs Advanced Clinical Practitioners, Nurse Practitioners, a Paramedic Practitioner, a Community Practitioner and Clinical Pharmacists to complement and diversify the services offered and to assist in providing the right care at the right time to our patient population. We also have a team of Practice nurses and health care assistants under the supervision of a Nursing Team Lead.

Ashford Medical Partnership provides GMS (General Medical Services) and a range of additional services to our 36,515 patient population. Our patients are able to access services from our three sites all of which sit within a 3 mile radius.

Ashford Medical Partnership also has its own Primary Care Network for the three surgery sites known as ‘Ashford Medical Partnership PCN’ (U50767).

Ashford Medical Partnership (AMP) is a member of Ashford Clinical Providers Ltd (ACP). ACP is a GP owned organisation in Ashford, Kent and is formed of 12 Practices whose aims are to provide integrated, inter-professional, transformative, effective, sustainable Health and Social Care, in the best interest of the patients registered within Ashford, working towards the right care for the right person at the right time. The organisation offers a range of services including general practice (treatment of disease, disorder and injury), diagnostic and screening, surgical procedures, outpatient clinics and management of long-term conditions. Services are primarily delivered from GP practices who all hold current CQC registration. All ACP medical services are delivered by a combination of local GPs, local consultants, specialist nurses and practitioners to name a few.

Our doctors also provide clinics in the East Kent Urgent Treatment Centre (UTC) – The aim is to provide a primary care led UTC service to patients experiencing urgent needs. The UTC will diagnose and treat many of the most common ailments people would otherwise have to attend A&E for, thereby reducing demand and easing pressure on hospitals whilst freeing up capacity in other parts of the system to treat more serious cases.

Adults and children with minor Illness or injury are treated within the UTC.

UTC clinics are held at the following locations:-

William Harvey Hospital

Queen Elizabeth the Queen Mother Hospital

Kent and Canterbury Hospital

Buckland Hospital

Faversham Health Centre

Our Aims and Objectives

  •  We aim to ensure a high quality, safe and effective general/personal medical services and environment
  •  To provide monitored, audited and continually improving healthcare services
  •  To provide healthcare which is available to a whole population and create a partnership between patient and health profession which ensures mutual respect, holistic care and continuous learning and training.
  •  The provision of accessible healthcare which is proactive to healthcare changes, efficiency and innovation and development.
  •  To improve clinical governance and evidence-based practice
  •  To improve Clinical and Non-clinical risk management
  •  To reduce risk in specific clinical risk areas and facilities
  •  To improve capacity
  •  To optimise performance against key targets and core standards
  •  To meet key targets set by the Ashford Clinical Commissioning Group
  •  To participate effectively in the local Cluster Group of GP Practices
  •  To become a patient centred organisation
  •  To improve services offered to patients
  •  To improve the facilities available for patients at the surgery
  •  To improve communication between the surgery and the patients
  •  To encourage the development of an active and effective patient participation group
  •  To recruit, retain and develop a highly motivated and appropriately skilled workforce
  •  To enhance performance of the workforce
  •  To develop management capability
  •  To guide the employees in accordance with the Equalities Scheme
  •  To continue the development of the AMP facilities
  •  To ensure effective management and governance systems
  •  To ensure robust corporate processes
  •  To effectively engage with our Integrated Commissioning Board
  •  To ensure a robust Information Technology strategy to support the Partnership

The registered activities and service types have been agreed by the Partners in accordance with CQC guidance. Services are described under registered activity and Service Type.

The regulated services provided by Ashford Medical Partnership

  •  Routine medical checks and general/personal medical services
  •  NHS relevant prescriptions and medications or a private prescription can be issued.
  •  Immunisations, e.g. COVID, Childhood Immunisations, Influenza, Pneumonia, and Shingles, Foreign travel advice and immunisation
  •  Executive & employee medicals – Our GP’s are able to carry out medical report and review.
  •  Smoking Cessation – Any patient who is a smoker and ready to stop smoking can self-refer to “One You Kent” for advice and an assessment. Our GPs can also offer support and refer the patient into this service for a range of support by the trained advisers.
  •  Asthma/Respiratory clinic – The Surgery has facilities for spirometry / lung function testing.
  •  Diabetic clinic – The Surgery operates a diabetes clinic each week to provide ongoing care for our diabetic patients and run by trained nurses and supervised by GP Partners.
  •  Family Planning Clinic – Our family planning clinic is run by our Nurse Practitioner.
  •  Pneumonia/Flu vaccination – At Willesborough Health Centre we offer ‘at risk’ groups the flu vaccine at a certain time each year to protect you against the flu virus. The Practice also offers pneumonia to patients aged 65 and over.
  •  Health Checks – We offer health checks to patients aged 40 to 74 who do not have a pre-existing health condition. If a patient is eligible, they will be invited to an NHS Health Check by the GP every 5 years.
  •  Phlebotomy.
  •  Midwifery – The community midwives hold their own clinics at Willesborough Health Centre for patients the Practice. They supervise antenatal care, undertake deliveries in hospital and at home where appropriate.
  •  Minor Surgery/Joint Injections – We offer a number of minor operations/surgeries for dermatology related concerns. The minor operation clinics are carried out by Dr Naky. Joint injections are performed by Dr Ramjutton and Sumin Moses (First contact Physiotherapist).
  •  Cervical Screening – Some of our nurses are qualified to carry out cervical screening and tests in the form of cervical smears
  •  Multi-disciplinary Team meeting – We have clinical representation at the “AMP PCN MDT” meetings engaging with colleagues from community health providers.

Improved Access

As a member of Ashford Clinical Providers Ltd (Federation), we participate in the delivery of Improved Access services within Ashford as part of a rota system, holding additional pre bookable appointments, seeing patients from our own as well as neighbouring practices. These appointments are offered at Willesborough Health Centre on Monday and Wednesday evenings from 1830-2000 and on Saturdays between 0900-1300 and at St Stephen’s Health Centre on Thursday evening from 1830-2000.

Our ethos is to strive towards a partnership between patients and health professionals based on the following key facets:

Mutual Respect

We endeavour to treat all our patients with dignity, respect and honesty. Everyone within the business is committed to deliver an excellent service. We ask all patients to highlight any discrepancies and to offer the same commitment in return.

‘Holistic’ Care

We treat ‘patients’ and illnesses. This means that we are equally interested in the physical, psychological and social aspects of your individual care.

Continuity of Care and the ‘Therapeutic relationship’

Building and maintaining a strong relationship between doctors, health professionals, and patients is essential to the way we work. This is especially so in the management of ongoing problems or long-term illness. In these circumstances we would encourage our patients to continue seeing the same health professional and, wherever possible, we will facilitate this through our appointments system.

Learning and Training

We believe in “life-long learning” and all health professionals and administrative staff, undergo an annual appraisal where learning and development needs are identified. We also recognise the benefit of supported learning for our patients and families in enhancing their ability to manage and deal with both ‘self-limiting’ and long-term illnesses

Open List

We have an open list policy and accept patients who are resident and newly resident in the defined Practice area.

Email address – kmicb.info.amp@nhs.net

Confidentiality

All staff at the practice have a duty to preserve the absolute confidentiality of all patient information and this obligation continues in perpetuity. All staff sign a confidentiality agreement.

Information is only given to a third party upon receipt of a satisfactory written consent. Patient data held on the practice computer system is managed in accordance with the Data Protection Act (1998).

Information Sharing

If you wish to send information to the Practice via email please confirm that you have read our Information Sharing Agreement and confirm that you have done so in your email. This applies whether you are sending in information at the request of one of our staff or not.

Submitting information to the Practice via email

To facilitate timely and effective care for patients our clinicians will occasionally request that patients submit information via email. Whether in the form of text or images any information submitted at the request of the clinician will be sent to a secure nhs.net email account, the address of which the patient will be advised before any submission is made.

In submitting information electronically a patient, or anyone acting on their behalf with the patient’s express written consent, accepts responsibility for the security of the email account from which the information is sent. Ashford Medical Partnership (Dr Naky and Partners) accepts no liability for unsecured email addresses from which data is sent to us. We are responsible for the security of information once it is received into the designated nhs.net email account and undertake to comply with all relevant legislation concerning patient confidentiality on receipt of such information.

Where a patient or their approved representative is offered the option to submit information to us electronically they will be referred to this agreement which is displayed within all our premises and on our website.

When submitting information the sender will be required to include a statement confirming that they have read and consent to the conditions specified above.

Any information provided including photographic images will be saved on the patient’s electornic record unless they specifically request that it is not.

Make a complaint

If you have a complaint or concern about the service you have received from the doctors, or any of the staff attached to the Practice, please let us know. We operate a Practice Complaints Procedure, which meets national criteria of the NHS for dealing with complaints.

How to complain

We hope that most problems can be sorted out easily and quickly, often at the time they arise and with the person concerned. If your problem cannot be sorted out in this way and you wish to make a complaint, we would like you to let us know as soon as possible. Ideally this will be within days because this will enable us to establish what happened more easily. However, if this is not possible please let us have your complaint in writing to the Practice Manager, within six months of the incident, or within six months of discovering that you have a problem, provided this is within twelve months of the incident.

What happens next

We will normally acknowledge your complaint within two working days, and aim to look into your complaint within ten working days. We shall then be in a position to offer you an explanation, or invite you to a meeting with the people involved. You may bring someone with you to the meeting.

The purpose of the meeting will be to:

  • find out what happened and what went wrong
  • make it possible for you to discuss the problem with those concerned
  • make sure you receive an apology, if this is appropriate
  • identify what we can do to make sure the problem will not recur

Complaining on behalf of someone else

Please note that we keep strictly to the rules of confidentiality. If you are complaining on behalf of someone else, we will need their written permission to discuss the matter with you.

Exceptions to this are if you are complaining on behalf of your child, or on behalf of someone who is mentally incapacitated.

Complaining to NHS England

Our Practice Complaints Procedure is designed to help us put right anything that has gone wrong and to improve our service to patients. However this does not affect your right to approach the local Area Team for NHS England if you feel you cannot raise the complaint directly with us, or if you are dissatisfied with the result of our investigation.

If writing to the Practice regarding a complaint please address it to:

Tim Pethick, General Manager
Willesborough Health Centre, Bentley Road, Ashford, TN24 0HZ

Complaints or Allegations Procedure

Introduction

The purpose of the policy is to ensure that all patients (or their representatives) who have the cause to complain about their care or treatment can have freely available access to the process and can expect a truthful, full and complete response and an apology where appropriate. Complainants have the right not to be discriminated against as the result of making a complaint and to have the outcome fully explained to them.

The process adopted in the practice is fully compliant with the relevant NHS Regulations (2009) and guidance available from defence organisations, doctors` representative bodies and the Care Quality Commission. Everyone in the practice is expected to be aware of the process and to remember that everything they do and say may present a poor impression of the practice and may prompt a complaint or even legal action.

The general principle of the practice in respect of all complaints will be to regard it first and foremost as a learning process, however in appropriate cases and after full and proper investigation the issue may form the basis of a separate disciplinary action. In the case of any complaint with implications for professional negligence or legal action, the appropriate defence organisation must be informed immediately.

Availability of information

The practice will ensure that there are notices advising on the complaints process conspicuously displayed in all reception/waiting areas and that leaflets containing sufficient details for anyone to make a complaint are available without the need to ask. The  ractice website and any other public material (Practice Leaflet etc.) will similarly provide this information and also signpost the complainant to the help available through the NHS Complaints Advisory Service.

Who can a formal complaint be made to?

ONLY TO – either the practice – OR – NHS England

In the event of anyone not wishing to complain to the practice they should be directed to make their complaint to NHSE:

  • By telephone: 03003 11 22 33
  • By email: england.contactus@nhs.net
  • By post: NHS England, PO Box 16738, Redditch, B97 9PT

In those cases where the complaint is made to NHS England, the practice will comply with all appropriate requests for information and co-operate fully in assisting them to investigate and respond to the complaint.

Who can make a complaint?

A complaint can be made by or, with consent, on behalf of a patient (i.e. as a representative); a former patient, who is receiving or has received treatment at the Practice; or someone who may be affected by any decision, act or omission of the practice.

A Representative may also be

  • by either parent or, in the absence of both parents, the guardian or other adult who has care of the child; by a person duly authorised by a local authority to whose care the child has been committed under the provisions of the Children Act 1989; or by a person duly  authorised by a voluntary organisation by which the child is being accommodated.
  • someone acting on behalf of a patient/ former patient who lacks capacity under the Mental Capacity Act 2005 (i.e. who has Power of Attorney etc.) or physical capacity to make a complaint and they are acting in the interests of their welfare.
  • someone acting for the relatives of a deceased patient/former patient.

In all cases where a representative makes a complaint in the absence of patient consent, the practice will consider whether they are acting in the best interests of the patient and, in the case of a child, whether there are reasonable grounds for the child not taking the complaint on their own behalf. In the event a complaint from a representative is not accepted, the grounds upon which this decision was based must be advised to them in writing.

In the event the patient is deceased, we may agree to respond to a family member or anyone acting on their behalf or who has a legal authority to deal with an interest and welfare of the patient.

Who is responsible at the practice for dealing with complaints?

The practice “Responsible Person” is Dr N Kumta, Senior Partner. They are charged with ensuring complaints are handled in accordance with the regulations, that lessons learned are fully implemented, and that no Complainant is discriminated against for making a complaint. This person should be a practice Partner (BMA Guidance and Primary Care contracts).

The practice “Complaints Manager” is Tim Pethick, General Manager, and they have been delegated responsibility for managing complaints and ensuring adequate investigations are carried out.

Time limits for making complaints

The period for making a complaint is normally:
(a) 12 months from the date on which the event which is the subject of the complaint occurred; or
(b) 12 months from the date on which the event which is the subject of the complaint comes to the complainant’s notice.

The practice has discretion to extend these limits if there is good reason to do so and it is still possible to carry out a proper investigation. The collection or recollection of evidence, clinical guidelines or other resources relating to the time when the complaint event arose may also be difficult to establish or obtain. These factors may be considered as suitable reasons for declining a time limit extension, however that decision should be able to stand up to scrutiny.

Action upon receipt of a complaint

A) Verbal Complaints: It is always better to try and deal with the complaint at the earliest opportunity and often it can be concluded at that point. A simple explanation and apology by staff at the time may be all that is required.

A verbal complaint need not be responded to in writing for the purposes of the Regulations if it is dealt with to the satisfaction of the complainant by the end of the next working day, neither does it need to be included in the annual Complaints Return. The practice will however record them for the purposes of monitoring trends or for Clinical Governance and that record will be kept and monitored by Tim Pethick, General Manager. Verbal complaints not formally recorded will be discussed when trends or issues need to be  addressed and at least annually, with minutes of those discussions kept.

If resolution is not possible, the Complaints Manager will set down the details of the verbal complaint in writing and provide a copy to the complainant within five working days. This ensures that each side is well aware of the issues for resolution. The process  followed will be the same as for written complaints.

B) Written Complaints: On receipt, an acknowledgement will be sent within five working days which offers the opportunity for a discussion (face-to-face or by telephone) on the matter. This is the opportunity to gain an indication of the outcome the complainant expects and also for the details of the complaint to be clarified. In the event that this is not practical or appropriate, the initial response should give some indication of the anticipated timescale for investigations to be concluded and an indication of when the  outcome can be expected.

It may be that other bodies (e.g. secondary care/ Community Services) will need to be contacted to provide evidence. If that is the case, then a patient consent form will need to be obtained at the start of the process and a pro-forma consent form included with the initial acknowledgement for return.

If it is not possible to conclude any investigations within the advised timescale, then the complainant must be updated with progress and revised time scales on a regular basis. In most cases these should be completed within six months unless all parties agree to an extension.

The Investigation

The practice will ensure that the complaint is investigated in a manner that is appropriate to resolve it speedily and effectively and proportionate to the degree of seriousness that is involved.

The investigations will be recorded in a complaints file created specifically for each incident and where appropriate should include evidence collected as individual explanations or accounts taken in writing.

Final Response

This will be provided to the complainant in writing (or email by mutual consent) and the letter will be signed by the Responsible Person or Complaints manager under delegated authority. The letter will be on headed notepaper and include:

  • An apology if appropriate (The Compensation Act 2006, Section 2 expressly allows an apology to be made without any admission of negligence or breach of a statutory duty).
  • A clear statement of the issues, details of the investigations and the findings, and clear evidence-based reasons for decisions if appropriate.
  • Where errors have occurred, explain these fully and state what has been or will be done to put these rights or prevent repetition. Clinical matters must be explained in accessible language.
  • A clear statement that the response is the final one and the practice is satisfied it has done all it can to resolve the matter at local level.
  • A statement of the right, if they are not satisfied with the response, to refer the complaint to the Parliamentary and Health Service Ombudsman, Millbank Tower, Millbank, London, SW1P 4QP or visit the Making a complaint page to complain online or download a paper form. Alternatively the complainant may call the PHSO Customer Helpline on 0345 015 4033 from 8:30am to 5:30pm, Monday to Friday or send a text to their ‘call back’ service: 07624 813 005

The final letter should not include:

  • Any discussion or offer of compensation without the express involvement and agreement of the relevant defence organisation(s).
  • Detailed or complex discussions of medical issues with the patient’s representative unless the patient has given informed consent for this to be done where appropriate.

Annual Review of Complaints

The practice will produce an annual complaints report to be sent to the local Commissioning Body (NHSE) and will form part of the Freedom of Information Act Publication Scheme.

The report will include:

  • Statistics on the number of complaints received
  • The number considered to have been upheld
  • Known referrals to the Ombudsman
  • A summary of the issues giving rise to the complaints
  • Learning points that came out of the complaints and the changes to procedure, policies or care which have resulted

Care must be taken to ensure that the report does not inadvertently disclose any confidential data or lead to the identity of any person becoming known.

Confidentiality

All complaints must be treated in the strictest confidence and the practice must ensure that the patient etc. is made aware of any confidential information to be disclosed to a third party (e.g. NHSE).

The practice must keep a record of all complaints and copies of all correspondence relating to complaints, but such records must be kept separate from patients’ medical records and no reference which might disclose the fact a complaint has been made should be included on the computerised clinical record system.

Unreasonable or Vexatious Complaints

Where a complainant becomes unreasonable or excessively rude or aggressive in their promotion of the complaint, some or all of the following formal provisions will apply and must be communicated to the patient by the Responsible Person in writing:

  • The complaint will be managed by one named individual at senior level who will be the only contact for the patient.
  • Contact will be limited to one method only (e.g. in writing).
  • Place a time limit on each contact.
  • The number of contacts in a time period will be restricted.
  • A witness will be present for all contacts.
  • Repeated complaints about the same issue will be refused unless additional material is being brought forward.
  • Only acknowledge correspondence regarding a closed matter, not respond to it.
  • Set behaviour standards.
  • Return irrelevant documentation.
  • Detailed records will be kept of each encounter.

Complaints involving Locums

It is important that all complaints made to the practice regarding or involving a locum (Doctor, Nurse or any other temporary staff) are dealt with by the practice and not passed off to a Locum Agency or the individual locum to investigate and respond. The responsibility for handling and investigating all complaints rests with the Practice.

Locum staff should however be involved at an early stage and be advised of the complaint in order that they can provide any explanations, preferably in writing. It would not be usually appropriate for any opinions to be expressed by the Practice on Locum staff.  Providing their factual account along with any factual account from the practice is the best way to proceed.

The practice will ensure that on engaging any Locum, the Locum Agreement will include an assurance that they will participate in any complaint investigation where they are involved or can provide any material evidence. The practice will ensure that there is no discrepancy in the way it investigates or handles complaints between any Locum staff and either practice Partners, salaried staff, students or trainees or any other employees.

“Informal complaints”

The collection of data about informal complaints – often referred to as “grumbles” – is a good tool for identifying trends for low-level dissatisfaction with services or the way they are offered to patients. Staff are encouraged to raise these issues at practice meetings and in addition a book will be kept in Reception for everyone to note when a negative comment or feedback is made to them by a patient. The book will be checked periodically (at least monthly) by the Complaints Manager to identify trends for discussion and possible amendment of procedures or targeted training needs.

References

Local Authority Social Services & National Health Service Complaints (England) Regulations 2009 – S.I. 209, No.309

NHS Complaints Procedure (England only): Guidance for Primary Care, BMA August 2015

NHS – How to complain to the NHS

NHS England Complaints policy