Home » GP Self-Advocacy Guide » Advice for issues related to complaints and poor treatment

Advice for issues related to complaints and poor treatment

This page includes advice for common problems arising with poor treatment from GPs, GP practice staff, and pharmacy staff including:

  • Worse treatment for being trans (or another protected characteristic)
  • Poor treatment from GP staff
  • Privacy and confidentiality
  • Changing GP
  • Problems with medication or pharmacies

For each problem we provide some advice on what you can do to try and resolve it.

You can find tips and resources on advocating for yourself with your GP here, share tips and advice on what worked for you here, and see and contribute to our trans friendly GP map here.

You can also find advice on problems with trans admin here, and on trans health here.

Worse treatment because of who I am

Problem

My GP (or GP/pharmacy staff) treats me worse than others, doesn’t take me seriously, or does not give me appropriate referrals because I am trans and/or because of another protected characteristic.

Advice

GPs (and staff at GP practices) are not allowed to treat you worse because of who you are, whether that is because you are trans and/or because of any other part of your identity. However, we do know that this unfortunately does happen, and if you have experienced this you can make a complaint to the practice.

It can be intimidating to think about making a complaint, especially if you’re worried about making things worse or that it won’t make any difference. In these situations, it can be helpful to remember that making a complaint now might prevent poor treatment from happening to someone else in the future, and help a GP practice understand if there is a pattern of negative behaviour with a particular GP or staff member.

If you do wish to make a complaint, then we have a page on our website which gives you lots of information on what you can complain about, how to do this, and what you can do if you’re not happy with how the complaint is handled: https://www.scottishtrans.org/healthcare/nhs-complaints/

This page also has information on making complaints about NHS services too.

Top tips for making a complaint

  • It should be made to the GP practice manager within 6 months of the incident happening
  • It should be short, clearly state what happened, and how this problem has impacted you (for example: it has caused you distress, impacted your care, and/or has made you feel less confident about speaking to your GP in future)
  • Ask for a specific solution in response to the problem (for example: an apology, to see a different GP at the practice, or for the GP to receive trans awareness training)
  • You can get support in making a complaint from Patient Advice & Support Scotland

Privacy and confidentiality

Problem

My GP, or staff at my GP practice, have shared details related to my trans status or gender recognition certificate (GRC) status with others without my consent, or I am concerned they might do so.

Advice

If your GP is aware that you are trans, they may need to share this information with other GPs, practice, staff, or other services if it’s important for them to know, and ideally this should be shared with your consent.

However, if you think this has occurred for an unnecessary or malicious reason, or that your GP has been careless with sensitive information related to your trans status, then you may wish to make a complaint about this. See the above section on worse treatment and this page on our website for more information on making a complaint.

If you have a gender recognition certificate (GRC), then additional protections apply to data about this and your trans status. Section 22 of the Gender Recognition Act (2004) says that “It is an offence for a person who has acquired protected information in an official capacity to disclose the information to any other person” unless it is for one of the stated reasons under paragraph 4 of this section, the most relevant being that a person has agreed to the sharing of this information.

Even if you don’t have a GRC, information about your trans status should be handled sensitively, and shouldn’t be taken any less seriously. The Information Commissioner’s Office says that trans status data may be considered special category data if “the information also reveals specific details about the person’s health status or medical care”, meaning that additional protections may apply.

If you are concerned about how data about your trans status or parts of your transition are stored and used by your GP, then you could book an appointment to discuss this with them, and let them know what you are happy with being shared with different members of staff and for what reason. See our page on advice on trans admin for more information around requesting your medical records.

Changing GP

Problem

I want to be seen by another GP or change to another GP practice because of poor treatment, because they will not offer blood tests/bridging prescriptions/shared care, or for another reason.

Advice

If you’re unhappy with the GP that you are currently being seen by or that you’ve seen before, then you can ask to be seen by a different GP at the same practice, or register with a new practice that covers the area where you live.

Seeing a different GP at your current practice

Seeing a different GP at the same practice depends on how your practice works. Some will try and make sure you always see the same GP if they’re available no matter what your appointment is about, and others will ask which GP you would like to see each time you book an appointment.

If you generally see the same GP each time, ask to see a different GP the next time you book an appointment, or speak to reception staff at the practice about switching to a different GP within the practice. You don’t have to give a reason why you would like to see a different GP. If you are given an option of which GP to see when you make an appointment, you can then choose a different GP than the one that you were unhappy with before.

You can book an appointment with a different GP to discuss something you’ve already previously spoken about with one of their colleagues – this is called getting a second opinion, and you can find more information about it here.

Asking to see a different GP at the same practice may be a good idea if you feel uncomfortable with your current GP, feel like they lack knowledge about trans people and trans healthcare, or have negative views around trans people. However, if it is because a GP has made a decision that you don’t agree with (such as not to provide a bridging prescription or shared care) then it may be worth asking if that decision is based on their personal opinion, or on practice policy. If it is based on practice policy, then it may be worth trying to register with a different GP practice, as it is then unlikely that a GP at the same practice would make a different decision. See our page on advice around trans healthcare for more information on speaking to your GP about bridging prescriptions, referrals and shared care.

You can ask to see a different GP at your practice as a proposed solution when making a complaint. See our section on complaints above for more information.

Registering with a different GP practice

If you are unhappy with your current GP practice for whatever reason, you can register with a different practice in your catchment area. NHS Inform says:

“You can apply to move to a different GP practice in the same area as your original one. GP practices can accept patients who are already registered with a GP practice in their area.

But, there may be times a GP practice will agree with their local health board to only register patients who are new to the area. The GP practice may do this when there is pressure on their ability to take on new patients. This is to make sure that all patients are registered with a GP practice. Any restrictions should be temporary and your local health board should be able to tell you when they will be reviewed.”

You can find other GP practices in your area by putting your postcode into this website.

Registering for a new GP practice usually requires filling out a registration form, which you can access by contacting the practice directly. Practices often ask for proof of identity and address for this, such as a passport and council tax bill.

If you have identity or proof of address documents that are under a different name to that which you are registered under on the NHS, then you may want to also provide proof of name change (such as a deed poll or statutory declaration.) See our page on advice around trans admin for more information on changing your name and gender on NHS records.

Problems with collecting medication or pharmacies

Problem

I am challenged or have issues routinely obtaining medication because I am trans, because they question why I need it, or because the medication is unusual or expensive.

Advice

Under The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009, there are some situations where a pharmacist may legally refuse to provide prescribed medication. These include:

  • Where they believe that a prescription “is not a genuine order for the person named on the form”
  • Prescribing certain controlled substances
  • If the person requesting the prescription threatens or abuses pharmacy staff

A pharmacist cannot deny your prescription because you are trans, because they are expensive for the NHS to purchase on your behalf, or because they are unusual (although if they are not prescribed very often it may take them longer to provide your drugs.) If this happens you can make a complaint, and you can find out more about how to do this on our complaints page. You may also want to consider using a different pharmacy in future.

You do not normally need to provide ID to collect a prescription, nor does someone need to provide ID when collecting a prescription on your behalf. You may be asked to confirm some details when picking up a prescription, such as name, date of birth, or address, but this does not usually require “proof” beyond being able to orally confirm those details.

If you are asked for further proof of identity, ask what proof is required and why. If your ID is under a different name to the one on the prescription, you may need to bring proof of name change (such as a deed poll or statutory declaration.) If you need to explain your trans status as part of this, you can ask the pharmacist to discuss this in a private space if possible. See our page on advice around trans admin for more information on changing your name and gender on NHS records.

You, or someone collecting a prescription on your behalf, may need to provide proof of your identity if you are collecting a controlled drug, such as testosterone. If someone is collecting testosterone on your behalf, the pharmacy may also contact you to confirm that you have consented to this. Testosterone is a Schedule 4 Part 2 drug under the Misuse of Drugs Act, you can find out more about what this means here. Oestrogen is not a controlled drug.

 

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