Article 5 Investigation of outstanding complaints

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(1)

Subject to paragraph (2), where before 1 April 2006—

(a)

a complaint had been made under paragraph 31A of Schedule 1 to the 1992 Regulations^f1 by or on behalf of a patient or former patient of a relevant dental practitioner; and

(b)

the investigation of that complaint under the practice based complaints procedure required to be established under paragraph 31A of that Schedule had not concluded,

that complaint must, on or after 1 April 2006, be investigated, or in an appropriate case continue to be investigated, by the succeeding contractor as if paragraph 31A of Schedule 1 to the 1992 Regulations had not been revoked and continued to have effect as in force on 31 March 2006.

(2)

In a case where there is no succeeding contractor the complaint must be investigated by one of the persons specified in paragraph (3) as if paragraph 31A of Schedule 1 to the 1992 Regulations had not been revoked and continued to have effect as in force on 31 March 2006.

(3)

The persons referred to in paragraph (2) are—

(a)

subject to paragraph (b), the person or persons who was or were the former partner or partners of the dental practitioner who provided care and treatment under a continuing care or capitation arrangement in respect of the complainant, if he, she or they meet the requirements in paragraph (4);

(b)

in the case where the person or persons specified in paragraph (a) satisfy the Local Health Board on whose dental list their former partner was included for the purposes of providing general dental services to the complainant that, having regard to the nature of the complaint, it would not be appropriate for the complaint to be investigated by him, her or them, that Local Health Board; or

(c)

in any other case, the Local Health Board on whose dental list the dental practitioner was included for the purposes of providing general dental services to the complainant.

(4)

The requirements referred to in paragraph (3)(a) are that the former partner or partners—

(a)

has or have entered into a general dental services contract, as an individual dental practitioner or as one of two or more individuals practising in partnership, with the Local Health Board on whose dental list their former partner was included for the purposes of providing general dental services to the complainant;

(b)

is a director, chief executive or secretary of the dental corporation which has entered into a general dental services contract with the Local Health Board on whose dental list their former partner was included for the purposes of providing general dental services to the complainant;

(c)

has or have entered into a personal dental services agreement with the Local Health Board on whose dental list their former partner was included for the purposes of providing general dental services to the complainant; or

(d)

is a director, chief executive or secretary of the qualifying body which has entered into a personal dental services agreement with the Local Health Board on whose dental list their former partner was included for the purposes of providing general dental services to the complainant.

(5)

Where, under paragraph (3), a complaint made by or on behalf of a patient or former patient would fall to be investigated, or continue to be investigated, by more than one contractor, the contractors concerned will—

(a)

enter into discussions as to which of them would be the most appropriate person to deal with the complaint; and

(b)

if they are unable to reach agreement, refer the matter to the Local Health Board on whose dental list their former partner was included for the purposes of providing general dental services to the complainant and that Local Health Board will investigate the complaint itself.

(6)

Where, under this article, a complaint falls to be investigated by a Local Health Board the investigation will be carried out in accordance with the Directions to Local Health Boards on dealing with complaints about Family Health Service Practitioners^f2.

Annotations

Footnotes

f1: Paragraph 31A was inserted into the 1992 Regulations by S.I. 1996/704.
f2: These directions were made in March 2003.