Decision Report 202200038

Summary

C asked a doctor at the practice to complete a DVLA medical examination. The doctor advised C that they did not have capacity to assist C and directed them to a private firm who could help.

C made a complaint to the practice about the decision and availability of doctors at the practice. In their response, the practice asked C to apologise for insulting staff or they would be removed from the practice. C was subsequently removed from the practice list. C made a further complaint to the practice regarding the decision to remove them from the practice list. The practice responded to the complaint, explaining the rationale for removing C. C was dissatisfied with the responses provided by the practice to their complaints.

We found that, whilst C's complaint was likely to have been difficult for staff to learn about, the practice's response was poor. Demanding C apologise was not an appropriate manner in which to try and establish an understanding or re-build trust between a complainant and members of staff. Therefore, we upheld this part of C's complaint.

We also found that it was not reasonable for the practice to have treated C's complaint as having caused an irretrievable breakdown of the relationship between C and the practice. The practice did not follow the appropriate process should they have wished to warn C about the appropriateness of the complaint. Therefore, we found it was unreasonable for the practice to remove C from the practice list and upheld this part of C's complaint.

The practice apologised to C.  While we acknowledge that an apology was given, that apology did not, in our view, meet the SPSO guidelines on apology, as was required by our recommendation.  In this respect it only partially met the recommendation.

Our office tried to engage constructively with the practice over a considerable period of time about giving a further apology, recognising that the original circumstances giving rise to the complaint, were rooted in an already difficult relationship with the C. The practice did not issue any further apology to C. The Ombudsman considered the extent to which it would be in C’s and in the public’s interest to escalate the matter and apply her statutory powers as set out in our Support and Intervention Policy. Having had regard to the length of time which had passed, the fact there had been partial compliance, and changes there had been at the practice in the meantime, the Ombudsman determined that a further apology, even were it to be issued by the practice, would no longer be meaningful, so would not be in either the C’s, or the public’s, interests to pursue.

The Ombudsman has communicated with the practice to communicate her disappointment about the practice’s failure to engage meaningfully with her office and their poor attitude, and to confirm additional steps her office will take when considering complaints received about the practice in the future

Recommendations

What we asked the organisation to do in this case:

• Apologise to C for failing to focus their response on the issue of C's complaint and in responding in an inappropriate manner. The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/information-leaflets.
• Apologise to C for the failures identified and the decision to remove them from the practice list. The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/information-leaflets.

What we said should change to put things right in future:

• Complaint responses focus on issues of complaint raised by complainants. Staff should be familiar with the practice's complaints handling procedure and reflect on appropriate approaches to communicating with service users, highlighting communication it deems to be offensive or inappropriate and how to resolve complaints in an effective manner.
• Staff should be familiar with the practice's complaints handling procedure and reflect on appropriate approaches to communicating with service users and how to resolve complaints.

We have asked the organisation to provide us with evidence that they have implemented the recommendations we have made on this case by the deadline we set.

This decision was originally published on 16 August 2023. On the 24 July 2024, we added the following information: 

"The practice apologised to C.  While we acknowledge that an apology was given, that apology did not, in our view, meet the SPSO guidelines on apology, as was required by our recommendation.  In this respect it only partially met the recommendation.

Our office tried to engage constructively with the practice over a considerable period of time about giving a further apology, recognising that the original circumstances giving rise to the complaint, were rooted in an already difficult relationship with the C. The practice did not issue any further apology to C. The Ombudsman considered the extent to which it would be in C’s and in the public’s interest to escalate the matter and apply her statutory powers as set out in our Support and Intervention Policy. Having had regard to the length of time which had passed, the fact there had been partial compliance, and changes there had been at the practice in the meantime, the Ombudsman determined that a further apology, even were it to be issued by the practice, would no longer be meaningful, so would not be in either the C’s, or the public’s, interests to pursue.

The Ombudsman has communicated with the practice to communicate her disappointment about the practice’s failure to engage meaningfully with her office and their poor attitude, and to confirm additional steps her office will take when considering complaints received about the practice in the future."