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Paragraph 25 Further requirements for complaints procedures

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A complaints procedure shall also comply with the requirements set out in sub-paragraphs (2) to (6).

(2)

The contractor must nominate—

(a)

a person (who need not be connected with the contractor and who, in the case of an individual, may be specified by his job title) to be responsible for the operation of the complaints procedure and the investigation of complaints; and

(b)

a partner, or other senior person associated with the contractor, to be responsible for the effective management of the complaints procedure and for ensuring that action is taken in the light of the outcome of any investigation.

(3)

All complaints must be—

(a)

either made or recorded in writing;

(b)

acknowledged in writing within the period of 3 working days beginning with the day on which the complaint was made or, where that is not possible, as soon as reasonably practicable; and

(c)

properly investigated.

(4)

Within the period of 10 working days beginning with the day on which the complaint was received by the person specified under sub-paragraph (2)(a) or, where that is not possible, as soon as reasonably practicable, the complainant must be given a written summary of the investigation and its conclusions.

(5)

Where the investigation of the complaint requires consideration of the patient’s ophthalmic records, the person specified in sub-paragraph (2)(a) must inform the patient or person acting on his behalf if the investigation will involve disclosure of information contained in those records to a person other than the contractor or an employee of the contractor.

(6)

The contractor must keep a record of all complaints and copies of all correspondence relating to complaints for a period of at least two years from the date on which such complaints were made, but such records shall be kept separate from patients’ ophthalmic records.