We make every effort to give the best service possible to everyone who attends our Practice.

However, we are aware that things can go wrong, resulting in a patient feeling that they have a genuine cause for complaint. If this is so, we would like the matter to be settled as quickly, and as amicably, as possible.

To pursue a complaint please contact the Practice Manager, Mrs. G P Walker, in writing.

Further information regarding our Complaints Procedure is below and also available from Reception.

Interpreting Service

We can arrange for a meeting with the Practice Manager and an Interpreter for any patient whose first language is not English and needs help with their complaint.

In General

If you have a complaint to make, you can request a copy of our Complaints Procedure. We will endeavor to:

1. Acknowledge any letter or Complaints Form within 3 working days of receiving it.
2. Deal with the matter as promptly as possible – usually within 20 working days – dependent on the nature of the complaint.

Who can complain

• Complainants may be current or former patients, or their nominated or elected representatives (who have been given consent to act on the patients behalf).
• Patients over the age of 16 whose mental capacity is unimpaired should normally complain themselves, or authorise someone to bring a complaint on their behalf.
• Children under the age of 16 may also make their own complaint, if they’re able to do so.

If a patient lacks capacity to make decisions, their representative must be able to demonstrate sufficient interest in the patient’s welfare and be an appropriate person to act on their behalf. This could be a partner, relative or someone appointed under the Mental Capacity Act 2005 with lasting power of attorney.

Appropriate person

In certain circumstances, we need to check that a representative is the appropriate person to make a complaint.

• For example, if the complaint involves a child, we must satisfy ourselves that there are reasonable grounds for the representative to complain, rather than the child concerned.
• If the patient is a child or a patient who lacks capacity, we must also be satisfied that the representative is acting in the patient’s best interests.

If we are not satisfied that the representative is an appropriate person we will not consider the complaint, and will give the representative the reasons for our decision in writing.

Time limits

A complaint must be made within 12 months, either from the date of the incident or from when the complainant first knew about it.

Regulations state that a responsible body should only consider a complaint after this time limit if:

• the complainant has good reason for doing so, and
• it’s still possible to investigate the complaint fairly and effectively, despite the delay.

Complaining on behalf of someone else

We keep strictly to the rules of medical confidentiality. If you are not the patient, but are complaining on their behalf, you must have their permission to do so. A Letter of Authority signed by the person concerned will be required, unless they are incapable (because of illness or infirmity) of providing this. A Third Party Consent Form must then be completed; this can be requested from Reception. Once this Form is completed we can then procced with the complaint.

Procedure

We have a two stage complaints procedure. We will always try to deal with your complaint quickly however if it is clear that the matter will need a detailed investigation, we will notify you and then keep you updated on our progress.

Stage One – early, local resolution

We will try to resolve your complaint within five working days if possible. If you are dissatisfied with our response, you can ask us to escalate your complaint to Stage Two.

Stage Two – Investigation

We will look at your complaint at this stage if you are dissatisfied with our response at Stage One.

We also escalate some complaints straight to this stage, if it is clear that they are complex or need detailed investigation.

We will acknowledge your complaint within 3 working days, and we will give you our decision as soon as possible. This will be within 20 working days unless there is clearly a good reason for needing more time to respond.

Your Rights

If, after receiving our final decision, you remain dissatisfied you may contact the Scottish Public Services Ombudsman (SPSO)and ask them to consider your case.

We will tell you how to do this when we send you our final decision.

Tel: 0800 377 7330
Tel: 0800 377 7331
E: ask@spso.org.uk
W: www.spso.org.uk

Address for appointments or visting:
Scottish Public Services Ombudsman
Bridgeside House
99 McDonald Road
Edinburgh EH7 4NS

If posting please write Freepost SPSO. This is all you need to write on the envelope, and you don’t need to use a stamp.

You may also refer your concerns to NHS patient Experience Team

To leave feedback or make a complaint about NHS Lothian services, contact:

Patient Experience Team

Waverley Gate

2-4 Waterloo Place

Edinburgh

EH1 3EG

Tel: 0131 536 3370

Email: feedback@nhslothian.scot.nhs.uk

You should contact the practice directly if you’ve got a complaint about a GP, pharmacy, dentist or optician.

Data Protection Notice

1. About :- Whitburn Group Medical Practice
This practice is an independent contractor providing primary medical services by way of a contract with NHS Lothian, made under the National Health Service (Scotland) Act 1978 (the 1978 Act). It is one of the organisations which form part of NHS Scotland (NHSS).

2. About the personal information we use
We use personal information on different groups of individuals including:
• Patients
• Staff
• Contractors
• Suppliers
• Complainants, enquirers
• Survey respondents
• Professional experts and consultants
• Individuals captured by CCTV
The personal information we use includes information that identifies you like your name, address, date of birth and postcode.
We also use more sensitive types of personal information, including information about racial or ethnic origin; political opinions; religious or philosophical beliefs; trade union membership; genetic and biometric data, health; sex life or sexual orientation.
The information we use can relate to personal and family details; education, training and employment details; financial details; lifestyle and social circumstances; goods and services; visual images; details held in the patient record; responses to surveys.

3. Our purposes for using personal information
Under the 1978 Act Whitburn Group Medical Practice has the statutory responsibility to provide or arrange for the provision of a range of healthcare, health improvement and health protection services. We are given these tasks so that we can help to promote the improvement of the physical and mental health of the people of NHS Lothian and assist in operating a comprehensive and integrated national health service in Scotland.

We use personal information to enable us to provide healthcare services for patients (including reminding you of appointments), data matching under the national fraud initiative; research; supporting and managing our employees; maintaining our accounts and records and the use of CCTV systems for crime prevention.

4. Our legal basis for using personal information
Whitburn Group Medical Practice as data controller, is required to have a legal basis when using personal information. Whitburn Group Medical Practice considers that performance of our tasks and functions are in the public interest. So, when using personal information our legal basis is usually that its use is necessary for the performance of a task carried out in the public interest, or in the exercise of official authority vested in us. In some situations, we may rely on a different legal basis; for example, when we are using personal information to pay a supplier, our legal basis is that its use is necessary for the purposes of our legitimate interests as a buyer of goods and services. Another example would be for compliance with a legal obligation to which Whitburn Group Medical Practice is subject to, for example under the Public Health etc (Scotland) Act 2008 we are required to notify Health Protection Scotland when someone contracts a specific disease.
When we are using more sensitive types of personal information, including health information, our legal basis is usually that the use is necessary:

• for the provision of health or social care or treatment or the management of health or social care systems and services; or
• for reasons of public interest in the area of public health; or
• for reasons of substantial public interest for aims that are proportionate and respect people’s rights; or
• for archiving purposes, scientific or historical research purposes or statistical purposes, subject to appropriate safeguards; or
• in order to protect the vital interests of an individual; or
• for the establishment, exercise, or defence of legal claims or in the case of a court order.
On rare occasions we may rely on your explicit consent as our legal basis for using your personal information. When we do this, we will explain what it means, and the rights that are available, to you. You should be aware that we will continue to ask for your consent for other things like taking part in a drug trial, or when you are having an operation.

5. Who provides the personal information
When you do not provide information directly to us, we receive it from other individuals and organisations involved in the delivery of health and care services in Scotland. These include other NHS Boards and primary care contractors such as GPs, dentists, pharmacists and opticians, other public bodies e.g. Local Authorities and suppliers of goods and services.

6. Sharing personal information with others
Depending on the situation, where necessary we will share appropriate, relevant and proportionate personal information in compliance with the law, with the following:
• Our patients and their chosen representatives or carers
• Staff
• Current, past and potential employers
• Healthcare social and welfare organisations
• Suppliers, service providers, legal representatives
• Auditors and audit bodies
• Educators and examining bodies
• Research organisations
• People making an enquiry or complaint
• Financial organisations
• Professional bodies
• Trade Unions
• Business associates
• Police forces.
• Security organisations.
• Central and local government.
• Voluntary and charitable organisations.

7. Transferring personal information abroad
It is sometimes necessary to transfer personal health information overseas for example if you require urgent medical treatment abroad. When this is needed information may be transferred to countries or territories around the world. Any transfers made will be in full compliance with NHSScotland Information Security Policy.

8. Retention periods of the information we hold

Within Whitburn Group Medical Practice we keep personal information as set out in the Scottish Government Records Management: HEALTH AND SOCIAL CARE CODE OF PRACTICE (SCOTLAND) 2020. The Code of Practice sets out minimum retention periods for information, including personal information, held in different types of records including personal health records and administrative records. As directed by the Scottish Government in the Records Management Code of Practice, we maintain a retention schedule as part of our Records Management policy detailing the minimum retention period for the information and procedures for the safe disposal of personal information.

9. How we protect personal information
We take care to ensure your personal information is only accessible to authorised people. Our staff have a legal and contractual duty to keep personal health information secure, and confidential. The following security measures are in place to protect personal information:
• All staff undertake mandatory training in Data Protection and IT Security
• Compliance with NHS Scotland Information Security Policy
• Organisational policy and procedures on the safe handling of personal information
• Access controls and audits of electronic systems

10. Your rights
This section contains a description of your data protection rights within Whitburn Group Medical Practice

The right to be informed
Whitburn Group Medical Practice must explain how we use your personal information. We use a number of ways to communicate how personal information is used, including:
• This Data Protection Notice
• Information leaflets
• Discussions with staff providing your care
The right of access
You have the right to access your own personal information.
This right includes making you aware of what information we hold along with the opportunity to satisfy you that we are using your information fairly and legally.
You have the right to obtain:
• Confirmation that your personal information is being held or used by us
• Access to your personal information
• Additional information about how we use your personal information
Although we must provide this information free of charge, if your request is considered unfounded or excessive, or if you request the same information more than once, we may charge a reasonable fee.
If you would like to access your personal information, you can do this by submitting a written request to the Practice Manager at the following address:

Whitburn Group Medical Practice
1 Weavers Lane
Whitburn
EH47 0SD

Telephone: 01501 740297

Once we have received your request and you have provided us with enough information for us to locate your personal information, we will respond to your request without delay, within one month (30 days). However, if your request is complex we may take longer, by up to two months, to respond. If this is the case, we will tell you and explain the reason for the delay.
The right to rectification
If the personal information we hold about you is inaccurate or incomplete you have the right to have this corrected.
If it is agreed that your personal information is inaccurate or incomplete, we will aim to amend your records accordingly, normally within one month, or within two months where the request is complex. However, we will contact you as quickly as possible to explain this further if the need to extend our timescales applies to your request. Unless there is a risk to patient safety, we can restrict access to your records to ensure that the inaccurate or incomplete information is not used until amended.
If for any reason we have shared your information with anyone else, perhaps during a referral to another service for example, we will notify them of the changes required so that we can ensure their records are accurate.
If on consideration of your request Whitburn Group Medical Practice does not consider the personal information to be inaccurate then we may add a comment to your record stating your concerns about the information. If this is case we will contact you within one month to explain our reasons for this.
If you are unhappy about how Whitburn Group Medical Practice has responded to your request for rectification we will provide you with information on how you can complain to the Information Commissioner’s Office, or how to take legal action.
The right to object
When Whitburn Group Medical Practice is processing your personal information for the purpose of the performance of a task carried out in the public interest or in the exercise of official authority you have the right to object to the processing and also seek that further processing of your personal information is restricted. Provided Whitburn Group Medical Practice can demonstrate compelling legitimate grounds for processing your personal information, for instance; patient safety or for evidence to support legal claims, your right will not be upheld.
Other rights
There are other rights under current Data Protection Law however these rights only apply in certain circumstances. For further information on these rights please visit ico.org.uk/for-the-public.

The right to complain
Whitburn Group Medical Practice employ a Data Protection Officer to check that we handle personal information in a way that meets data protection law. If you are unhappy with the way in which we use your personal information, please tell our Data Protection Officer using the contact details below.

Data Protection Officer
IT Governance
Woodlands House
74 Canaan Lane
Edinburgh
EH9 2TB
Phone – 0131 465 5444
Email: Lothian.DPO@nhslothian.scot.nhs.uk
Please note emails from your private email address may not be secure.
You also have the right to complain about how we use your personal information to the Information Commissioner’s Office (ICO). Details about this are on their website at www.ico.org.uk

11. DataLoch
This GP practice has agreed to take part in the DataLoch research programme. Both your GP practice and NHS Lothian are the data controller for the DataLoch programme (Data is only hosted within NHS Lothian), and are working in partnership with the University of Edinburgh. The aims of the DataLoch programme are to support research for the benefit of local residents in the South-East Scotland region. A Data Sharing Agreement is in place that covers the sharing of patient data with DataLoch, and all approved research is anonymous.
In line with data protection legislation, the legal basis that permits processing of patient data is:
• 6(1)(e) – processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
• 9(2)(j) – Processing is necessary for archiving purposes in the public interest, or scientific and historical research purposes or statistical purposes in accordance with Article 89(1)

The DataLoch website covers the researcher data, public enquiries, and newsletter subscriptions for which the University of Edinburgh is the Data Controller: https://dataloch.org/privacy-notice

Everyone has certain rights covered by the NHS Patient’s Charter. You have the right to:

• Receive information on health services, including quality standards and waiting times.
• Receive treatment regardless of your race, sex, age, disability or income.
• Have your treatment explained to you.
• Refuse to be treated in front of students or be involved in medical trials.
• Have a relative or friend with you.
• Have access to an interpreter or signer.
• Emergency medical care.

GP Services

You have the right to be registered with a general practitioner (GP). Ask your preferred surgery if you can be registered on their list. GPs can refuse to take you.

A GP can remove you from the practice list at any time and does not have to give a reason. This is rare and usually only happens if a patient has been abusive or violent. Your GP may also remove you from the practice list if you often miss appointments. They will warn you before they do this.

You can get a list of GPs in your area from Lothian Primary Care NHS Trust. If you cannot find a GP who will take you, contact Practitioners Services at the Common Services Agency (CSA).

Second Opinion

You have the right to ask for a second opinion, but you are not automatically entitled to one. You should speak to your doctor if you want a second opinion.

Contraception and Maternity Services Women have the right to free contraceptive advice and maternity care from a GP. You can get free contraceptives from a family-planning clinic.

Confidentiality and Health Records

You have the right to see your health records and for them to be kept confidential. Information should only be given to people involved in your care, and only if you have given your permission. Information is only given without your permission in exceptional circumstances.

Help with Costs

Everyone is entitled to free GP and hospital services. You may be entitled to other financial help depending on your age, income or medical condition. There is more information in the leaflet ‘Are you entitled to help with health costs?’ which you can get from post offices and social security offices.

Complaints

You have the right to complain if you are unhappy with the treatment or service you have received. The complaints procedure is detailed below.

Your Responsibilities

You help yourself and your health service staff by doing the following:

• Be on time for your appointments.
• Tell the surgery or clinic as soon as possible if you cannot keep an appointment.
• Tell your GP, or any hospital you are attending if you move home or change your name or contact details.
• Use emergency services responsibly.
• Treat healthcare staff politely.
• Pass on your comments to healthcare staff.
• Take care with medicines.
• Do not use medicines which are out of date – your pharmacist can safely get rid of these for you.
• Share responsibility for your own health.
• Carry an organ donor card.

Please Help Us To Help You

Our telephone lines tend to be busiest first thing in the morning.

For house call and appointment requests, it is helpful if you contact us as early as possible.

For non-urgent problems, you may find it easier to contact the practice in the late morning or early afternoon.

To help reduce traffic on the main practice telephone lines, please use the Prescription and Result Lines shown on this web site, when appropriate.

Zero Tolerance Policy for verbal or physical abuse towards our staff.

Our staff have the right to work without fear of verbal abuse (shouting/swearing) or physical assault. The Practice has a Zero Tolerance Policy for this type of behavior and if a patient is abusive to any staff in the Health Centre they will be removed from the practice List and will need to register elsewhere. We will prosecute anyone who attacks our staff.