Regulation 14 General complaints remit of the Healthcare Commission
In any case where—
a complainant is not satisfied with the result of an investigation—
by an NHS body under regulation 12, or
by an independent provider, with whom an NHS trust or Primary Care Trust has made arrangements as mentioned in regulation 6, in accordance with its arrangements for the handling and consideration of complaints;
for any reason an investigation mentioned in paragraph (1)(a) has not been completed within 6 months of the date on which the complaint was made, or
a complaints manager has decided not to investigate a complaint on the grounds that it was not made within the time limit mentioned in regulation 10;
he may request the Healthcare Commission to consider the complaint in accordance with this Part.
In any case where a person has made a complaint to a primary care provider and is not satisfied with the outcome of an investigation of his complaint by the primary care provider, in accordance with its procedures for the handling and investigation of complaints, he, or a person who acted as his representative in accordance with those procedures, may request the Healthcare Commission to consider the complaint in accordance with this Partf1.
A request under paragraphs (1) or (2) may be made either orally or in writing (including electronically) and must be made within 2 months of, or where that is not possible, as soon as reasonably practicable after, the date on which the response mentioned in regulation 13, or, as the case may be, under the complaints arrangements of the primary care provider, was sent to the complainant.
Annotations
Footnotes
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The complaints procedures which apply to primary care providers are contained either in regulations made under the appropriate provisions in the 1977 Act or in directions made under section 17 of the 1977 Act. See S.I. 2004/291, Schedule 6, paragraphs 92 to 98 for general medical services contracts; S.I. 2004/433, article 13(4)(b) for default contracts; S.I. 2004/627, Schedule 5, paragraphs 86 to 92 for persons providing primary medical services; S.I.1992/661 Schedule 2, paragraphs 31A to 31C for general dental services; the Directions concerning the implementation of pilot schemes for personal dental services 10th August 1998 , paragraph 18 and Schedule 2 for personal dental services; S.I. 1986/975, Schedule 1, paragraph 8A for general ophthalmic services; S.I. 1992/662, Schedule 2, paragraphs 10A, 10B, 14 and 15 for pharmaceutical services and the Primary Care Trusts Preparation of Proposals and Implementation of Pilot Schemes (Local Pharmaceutical Services) Directions 2003, paragraph 16 and Schedule 1 for persons providing local pharmaceutical services.