The Equality Act 2007 and healthcare
The Equality Act (Sexual Orientation) Regulations came into effect in April 2007. Until now, gay people have often had to put up with being turned away or treated unfairly by service providers simply because of their sexual orientation. Our campaign to secure these new protections was motivated by widespread evidence of discrimination across both the private and public sectors.
This important legislation outlaws discrimination in a range of important areas, including healthcare. For example, GPs can no longer turn you way for being gay - some did before - or refuse lesbian and gay people treatments they would offer to anyone else.
What to do if you have been discriminated against
If you feel that you have been treated unfairly or discriminated against because of your sexual orientation when seeing your doctor or accessing healthcare services, then you will need to go through the NHS complaints procedure, or through the independent healthcare complaints service. This is detailed below, along with some further organisations you could contact to help you with your complaint.
The NHS Complaints Procedure
The first stage of the NHS complaints procedure is called Local Resolution. This is where you have to make your complaint to the practitioner or clinic where you were treated. You can do this in person or in writing. Local Resolution aims to resolve complaints as quickly as possible. The Department of Health says you should receive a reply from a primary care practitioner within 10 working days or from the Chief Executive of the NHS organisation you are complaining about within 25 days. You should be informed if this deadline will not be met.
Some NHS Foundation Trusts have different complaints procedures to the one outlined above. You may need to contact them directly before making a complaint to find out their procedure.
The second stage of the complaints procedure comes if you are unhappy with the response you receive. You can then ask the Healthcare Commission to carry out an 'independent review' of your complaint.
They can be contacted on:
Postal Address:
Healthcare Commission,
FREEPOST NAT 18958,
Complaints Investigation Team,
Manchester,
M1 9XZ
Telephone: 0845 601 3012
Email: complaints@healthcarecommission.org.uk
Web: www.healthcarecommission.org.uk
The third stage of the procedure happens if you are still unhappy after local resolution and an independent review of your case. You should then contact the Health Service Ombudsman. The Ombudsman is a completely independent body.
Postal Address:
The Parliamentary and Health Service Ombudsman
Millbank Tower
Millbank
London
SW1P 4QP
Telephone: 0845 015 4033
Email: phso.enquiries@ombudsman.org.uk
Web: http://www.ombudsman.org.uk/
Private healthcare complaints
If you have been discriminated against when accessing private healthcare, you can make a complaint through the Independent Healthcare Advisory Service. See www.independenthealthcare.org.uk for more information.
Organisations for further help and advice
ICAS- Independent Complaints Advocacy Service
They can advise you about your complaint and about the NHS complaints procedure. You can find details of your local ICAS service at www.doh.gov.uk.
The General Medical Council
You can make a complaint to the GMC about your doctor, and they can investigate into a doctor's fitness to practice.
Telephone: 0845 357 8001
Web: www.gmc-uk.org
PALS- Patient Advice and Liaison Services
A PALS service has been established in every NHS Trust and Primary Care Trust. Patients can raise concerns with them informally and they may be able to help with Local Resolution procedures.
You can find out about your local PALS contact details here: http://www.pals.nhs.uk/
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