Care Rights and Complaints

The Mental Capacity Act

The Mental Capacity Act is new legislation, passed by parliament in April 2005. It increases the legal rights of the person with dementia to be involved in decisions about their own health and care. The Act also means that when somebody no longer has the mental capacity to be involved in decision making themselves, their carer will have the right to be consulted about decisions being made on behalf of the person with dementia, e.g. by health and social care professionals.

More information can be found on The Mental Capacity Act page of the Directgov website.

Human Rights and Civil Rights

It is important to remember that a person with dementia has the same rights as other citizens, and this should be respected.

The Human Rights Act 1998 has given people a clear legal statement of their basic rights and fundamental freedoms.

We also have Civil Rights which are complex and far reaching.

These are specialist areas and information can be found at:

Care Rights and Complaints

Whether you want to complain about hospital treatment, or need advice about what your care rights are, there are organisations who can help:

Independent Complaints Advocacy Service (ICAS)

The ICAS service provides help through the NHS complaints procedure. It is for anyone with a complaint about their NHS treatment. More information is available on the ICAS South East Website.

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Patient Advice and Liaison Service (PALS)

The Patient Advice and Liaison Service (PALS), provides confidential advice and support, to help you to sort out any concerns you may have about NHS care, and to guide you through the different services available from the NHS.

The Patient Advice and Liaison Service aims to:

• Listen to your concerns, suggestions and queries
• Advise and support patients, their families and carers
• Inform about local NHS services and how to access them
• Help resolve concerns and sort out problems on your behalf

Whilst the Patient Advice and Liaison Service can guide you through the process of making a formal complaint, the PALS team are unable to investigate formal complaints themselves. PALS is also unable to offer counselling, diagnosis or any detailed medical information.

There is a PALS team for each NHS Trust in Oxfordshire. PALS contact details are available online.

Patients Association

The Patients Association is a UK charity which represents patient rights. They produce a number of publications which cover a variety of areas including how to access your medical records and how to make a complaint.

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Oxfordshire Carers Forum

Oxfordshire Carers Forum is run by unpaid Carers, for unpaid Carers. It is the independent voice of Carers in Oxfordshire and signposts Carers to appropriate support and influences service provision for carers.

Advocacy (including ADAPt)

Advocacy is a way of helping people, in partnership, to express their views and wishes, so they can be heard.

Making sure that people listen to what you want to say can be difficult for many reasons. These include embarrassment: not wanting to hurt anyone's feelings: and, being unsure of your rights. This is no different for people with dementia.

What is different is that sometimes it is assumed that people with dementia cannot make choices or do not know what they want. But, if given time, clear information and the chance to say what they want, many people can express their wishes and play their part in making informed decisions. This is where an advocate can help.

ADAPt : All-age Dementia Advocacy Project - Advocacy support. Assistance to have the individual’s views heard, and taken into consideration on matters of importance to them.  For people with dementia, of all ages, in Oxfordshire.
Referrals can be accepted via any route, e.g. self, carer, professional, etc.

Further Information

Further information, on other local organisations providing information and support, can be found in our local support and services section.

Further information on national organizations, providing a wide range of advice and support, can be found in the Alzheimer's Society factsheet Voluntary organisations.

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