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ANNEX 1C - CONCILIATION

1. Conciliation is a voluntary process which seeks to resolve difficulties which may help the resolution of a complaint at local level. It is a process of examining and reviewing a complaint with outside assistance. It is often useful in resolving difficulties arising from a breakdown of a relationship, for example between a practitioner and patient. Health Boards must make conciliators available to Trusts where this assistance is requested. This request can be made by either the Trust, for example the complaints officer or the complainant, but both parties must agree to the process being used.

2. The aim of conciliation is to enable both parties to address the issues in a non-confrontational manner with the aim of reaching an agreement that both will accept. The function of the conciliator is to assist the process, not to impose a solution. Any resolution of the complaint must come from the parties concerned. The conciliator seeks to clarify the issues and to help in exploring the options. Essentially, the conciliator works to ensure that good communication takes place between the parties.

3. Confidentiality is vital in the conciliation process. The conciliator should encourage the participants to explore the issues involved in the complaint in an open manner. The content of the conciliation process remains confidential and neither the conciliator nor the participants should provide information from the process to any other person. The conciliator should advise the Primary Care Trust and Island Health Boards when a conciliation has ceased and whether a resolution was reached. No further details should be provided.

4. Conciliation may also be a useful means of resolving complaints where the complainant has requested independent review but the convener believes further local resolution would be appropriate, for example where the complaint involves a difficulty in a relationship with a member of staff. Primary Care Trusts and Island Health Boards should ensure that their induction training for conveners makes them aware of the nature of conciliation, its usefulness and limitations, and equips them to consider it as a means of resolving appropriate complaints.

5. Serving members of Local Health Councils are ineligible to take up posts as lay conciliators as there may be conflicting interests involved. It is not recommended that those engaged in advocacy take up posts as lay conciliators for the reasons outlined above.

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