Regulation 9 Amendment of regulation 15 of the Principal Regulations

in paragraph (2)(a), after “a patient” insert “or any other person who is affected by, or likely to be affected by, the action or omission of the NHS foundation trust which forms the subject matter of the complaint”;

in paragraph (2)(b), for “patients” substitute “such persons”;

in paragraph (6), for “2 months” substitute “6 months”;

for paragraph (7), substitute—

“(7)

The Healthcare Commission shall make a report to the Independent Regulator each month and when the Independent Regulator shall otherwise require, which—

(a)

specifies the number of complaints received about NHS foundation trusts in that month, or other period specified in the request;

(b)

identifies the subject matter of those complaints; and

(c)

summarises how any complaints concluded during that month, or other period specified in the request, were handled, including their outcome.”; and

at the end, add—

“(8)

The Healthcare Commission may, provided that it has the consent, which may be either express or implied, of the complainant send a copy of any complaint that it has received about an NHS foundation trust to the Independent Regulator.

(9)

The Independent Regulator may request that the Healthcare Commission send him any complaint about an NHS foundation trust that the Healthcare Commission receives.

(10)

For the purposes of paragraph (9) the Independent Regulator may make a standing request that identifies a type of complaint that he wishes to receive.

(11)

Where the Healthcare Commission receives a request under paragraph (9) it must, provided that it has the consent, which may be either express or implied, of the complainant, send a copy of the complaint to the Independent Regulator—

(a)

in the case of an individual request, within two days of receiving the request; or

(b)

in the case of a standing request, within two days of receipt of a complaint which falls within the terms of that request.

(12)

On receipt of a copy of a complaint under paragraph (8) or (11) the Independent Regulator may give his views on the complaint or its handling to the Healthcare Commission and, where he wishes to give such views, must do so as soon as reasonably practicable.”.