How to complain about a chiropractor. Telling the General Chiropractic Council about your concerns

Transcription

1 How to complain about a chiropractor Telling the General Chiropractic Council about your concerns

2 Contents Before you start 2 Making your complaint 4 What happens next 6 About formal hearings 8 Hearings your questions answered 9 About the GCC 17 More information 18 1

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4 Before you start Who can complain? Anyone can make a complaint about a chiropractor. We get complaints from patients, their families, other members of the public and other health professionals. Phone the General Chiropractic Council (GCC) on if you need help or advice. What complaints can the GCC deal with? behaviour of a chiropractor We cannot deal with: compensation* *All chiropractors must have insurance to cover claims made against them and will provide details if you ask them. For more information about compensation or a refund of fees you could contact a solicitor, a Citizens Advice Bureau, the Chiropractic Patient s Association or the chiropractor s professional association. See page 18 for contact details. 2

5 When should I complain to the GCC? All chiropractors must have a complaints procedure in their practice and deal with complaints promptly and fairly. So it may be a good idea to try to solve the problem first with the chiropractor. If you are not satisfied with how the chiropractor deals with your complaint, they must tell you that you have the right to complain to the GCC and give you our address. We realise that you might prefer to contact us straight away, rather than complain first to the chiropractor. If you do, we will explain what we can do about your concerns and what you will need to do next. Complaints must be made in writing. If this is likely to be a problem, you can ask someone to write to us for you. Or you can contact us and we will do our best to arrange for someone to help you. Write to: Regulation Team General Chiropractic Council 44 Wicklow Street London WC1X 9HL Phone: Fax: regulation@gcc-uk.org 3

6 Making your complaint What information does the GCC need? The information we usually need is in the complaints checklist below. We know that every complaint or concern is different. So, if this checklist does not help you to set out your complaint, please explain it in your own way. Complaints checklist Your details Your name Your address Your address Phone number where we can contact you Mobile number Fax number (if you have one) for us to send letters to. Details of the chiropractor The full name of the chiropractor (or chiropractors) you are complaining about The address where you visited them. Details of your complaint Please explain what happened, where it happened and the dates when it happened. Did any other people see or hear the things you are complaining about? Please give their names if possible and explain how they were involved. 4

7 Do you have any documents (for example, letters) that might support your complaint? Please send us copies and list them in your letter. Have you already complained to anybody else about this matter (for example, the chiropractor)? If you have, please say which organisation or person you have complained to. Give brief details of what happened as a result, and send us copies of any letters between you and the organisation or person. Please list them in your letter to us. 5

8 What happens next? We will: a write to you within seven days to tell you we have received your complaint b tell you if we can deal with your complaint c tell you who is dealing with your complaint and how to contact them d give you detailed information about what will happen next. Sometimes, in serious cases where there appears to be an immediate risk to the public, the GCC may ask for a chiropractor to be prevented from seeing patients while a complaint has been dealt with. This means that a special committee meets at short notice and can immediately suspend the chiropractor s registration. As part of our investigation we will: a write to the chiropractor to tell them about your complaint. We must give them a copy of your complaint (and any other relevant documents) so that they know the details. If you are worried about this, please tell us b send you a copy of what the chiropractor says about your complaint, so that you can comment if you want we will give a copy of your comments to the chiropractor c ask you to agree to our getting a copy of your health records (if they are relevant to your complaint) 6

9 d invite you to make a statement of evidence, set out in a legal way. We will ask if you if you are willing for a member of the regulatory team to visit or phone you to: go over the details of your complaint draft the statement of evidence send it to you for your comments send you the final version for your signature If you don t want to make a statement of evidence, that will not be a problem. The Investigating Committee will rely on your original letter of complaint and your complaint will be investigated in the normal way. The way we investigate complaints is set down by law to make sure everything is fair, open and done in the public interest. So, once our complaints procedures start, everything must be done in a set way. When we have gathered together all the information that is available about your complaint, it will be discussed in private by the Investigating Committee. The committee will decide whether or not it needs to send your complaint for a formal hearing by our Professional Conduct or Health Committee. We will write to you to let you know what the Investigating Committee decides to do and the reasons for the decision. 7

10 About formal hearings of the Professional Conduct and Health Committees At any time before the hearing, the GCC or the chiropractor can ask the Professional Conduct Committee to order you to provide parts of your medical records or any other documents, if they are likely to be relevant to the case. If you do not want to do this, you will have the chance to explain your objections. During the hearing, the committees listen to all the evidence and decide whether the decision should go for or against the chiropractor. If the case goes against the chiropractor, then a sanction can be imposed. The purpose of sanctions is not to punish the chiropractor but to protect the public. If a chiropractor is found guilty of unacceptable professional conduct or professional incompetence by the professional conduct committee, the committee can: admonish the chiropractor. This is a formal warning that remains on file place a restriction, or conditions, on the chiropractor s registration (for example, that the chiropractor works under supervision or has further training) suspend the chiropractor s registration remove ( strike off ) the chiropractor s name from the register. The health committee can place conditions on a chiropractor s registration, or suspend it. 8

11 Hearings your questions answered Q When will I find out if there will be a hearing? A When the investigating committee decides to send your complaint to the professional conduct committee or health committee we will write to tell you. The person who is handling your complaint will also phone you to talk over what will happen next and they will answer all your questions. Q How quickly will the hearing be held? A Usually a hearing takes place within nine months of the investigating committee s decision to send it to the professional conduct committee or health committee. Sometimes it can take longer for example if key witnesses are not available at the time planned for the hearing due to illness. Q Where are the hearings held? A Hearings are usually held in central London. We will book you into a local hotel and pay the bill for you. Please tell us if you have any special needs, such as wheelchair access or a special diet. We will make your travel arrangements for you if that is easiest for you we always pay your travel costs. 9

12 If you are worried about your travel arrangements, please tell us. For example, if you haven t visited London before and would like someone to meet you at the railway station, we will do our best to arrange it. Q Will you pay my expenses? A Yes. We will pay any reasonable expenses connected to your appearance as a witness at a hearing. This will include: travel accommodation meals car parking loss of earnings childcare other arrangements for relatives or partners who depend upon you for their care. 10

13 Q How will I be involved? A The GCC must prove the allegations (charges) against the chiropractor, and that the chiropractor is guilty of unacceptable professional conduct or incompetence, or unfit to work as a chiropractor for health reasons. You will have a key role as a witness for the GCC and will give evidence about your complaint to the committee. Q Who else will be told about the hearing? A We will tell the chiropractor and their legal team about the date and time of the hearing. The date, time and place of the hearing will be put onto the GCC website 28 days beforehand. The details of your complaint will be set out in the form of allegations against the chiropractor, and will also be put on the website. Q Will my name be made public? A No. Your name will not be used during the hearing or in documents we publish. You will be called, for example, Mr A or Ms B, or Patient A or B. 11

14 Q Is the hearing in public? A Professional conduct committee hearings are usually held in public. This means that anyone can attend. Sometimes a hearing, or part of a hearing, may be held in private if confidential or intimate information about you, or other witnesses, is to be considered; or if the case involves a child or a vulnerable adult. Health committee hearings are usually held in private unless the chiropractor decides otherwise. This is because medical information, confidential to the chiropractor, needs to be considered. Q What happens on the day of the hearing? A When you arrive at the venue, a member of staff will meet you and take you to a private waiting room. You will be asked to wait until it is your turn to give evidence to the committee. There will be a staff member there to answer your questions and make sure that you have enough to eat and drink during the day. You can bring a relative or friend to keep you company while you are waiting, if you want. 12

15 Q What is it like to give evidence? A The hearing will be formal. The GCC will be represented by a barrister or a solicitor, or perhaps both. How the hearing chamber is set out and where everybody usually sits is shown on page 16. Usually the chiropractor will have a barrister or solicitor to put their case in response to the allegations that the GCC has made. Before giving your evidence you will be asked to take an oath, or affirmation, in the same way you would if giving evidence in a court of law. Someone from each legal team, a barrister or a solicitor, will ask you questions. Members of the committee may also ask you questions. The people who sit on GCC committees know that it can be difficult for witnesses to give evidence. It can be a stressful experience for anyone and they know that you are likely to be nervous. The chair of the committee will make sure that you are not put under any unnecessary pressure. The chair and the GCC s barrister or solicitor will make sure that you are treated fairly and with respect during the hearing. 13

16 It is important that you answer all the questions put to you clearly and accurately. To help you focus on the questions being asked it is usually best to try to keep your answers short. When you are being questioned please say if you: do not understand the question do not remember something do not know the answer want a short break. Q Who are the committee members? A There are usually three committee members. At least one will be a chiropractor. All committee members will have received training before sitting on a professional conduct committee or health committee. How they each perform their role is regularly reviewed, and they must keep up to date with relevant procedures and law. A barrister will also sit with the committee to give it legal advice. We can tell you the names of the committee members or you can find them on the GCC website: 14

17 Q Can I stay to watch the hearing after I have given my evidence? A Yes. You can sit in the public area afterwards, unless the committee has decided that the hearing should be in private. Q Is your committee s decision final? A All the decisions taken by the professional conduct committee and health committee are looked at by the Professional Standards Authority (PSA). This is the organisation that promotes best practice and consistency in regulating healthcare professionals. If the PSA thinks the decision is not sufficient (whether as to a finding, penalty or both) for the protection of the public, it can refer the decision to the courts. On the other hand, if the chiropractor you have complained about thinks the decision is wrong or too harsh, then they can appeal to the courts but only on a point of law. 15

18 Hearing Chamber Panel and Legal Assessor Witness Stenographer and Panel Secretary Chiropractor and chiropractor s legal team GCC s legal team Public seating area 16

19 About the GCC The GCC protects the public by registering and regulating chiropractors. It is a criminal offence to claim falsely to be registered with the GCC or to use the title chiropractor if not entitled to do so. The GCC reports these crimes to the police. The GCC requires chiropractors to follow the standards in The Code : Standards of Performance, Conduct and Ethics for Chiropractors. The Code covers the professional and personal behavior of chiropractors. Chiropractors are listed on the GCC website You can also phone our helpline on between 9am and 5pm, Monday to Friday, to check a chiropractor s registration. 17

20 More information Citizens Advice To find your nearest Citizens Advice Bureau go to or look in your local phone directory. How to find a solicitor To find a local solicitor, you can search the Law Society s website at or phone during office hours. The Chiropractic Patient s Association The Chiropractic Patient s Association represents patients and their interests. Twigley Centre, The Portway, Salisbury SP4 6JL Phone: enquiries@chiropractic-uk.co.uk Web: 18

21 Chiropractic Professional Associations There are four chiropractic professional associations that represent the interests of their members. A chiropractor may belong to one or more of them: British Chiropractic Association (BCA) 59 Castle Street, Reading, Berkshire RG1 7SN Phone: Fax: enquiries@chiropractic-uk.co.uk Web: 19

22 McTimoney Chiropractic Association (MCA) Crowmarsh Gifford, Wallingford OX10 8DJ Phone: Fax: Web: Scottish Chiropractic Association (SCA) Laigh Hatton Farm, Old Greenock Road, Bishopton, Renfrewshire PA7 5PB Phone: Fax: Web: 20

23 United Chiropractic Association (UCA), Basepoint Centre, Crawley RH11 7XX Phone: Web: 21

24 You can also get this document in the following languages: Arabic Bengali Cantonese Gujarati Mandarin Polish Punjabi Urdu Welsh Mae r ddogfen hon ar gael yn Gymraeg os gwneir cais amdani. General Chiropractic Council 44 Wicklow Street London WC1X 9HL Phone: Fax: enquiries@gcc-uk.org Web: ISBN December 2009 Revised November 2016