OpenLegislation

Regulation 16 Decision on handling of complaint

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

(1)

On receipt of the complaint the Healthcare Commission must assess the nature and substance of the complaint and decide how it should be handled having regard to —

(a)

the views of the complainant;

(b)

the views of the body complained about;

(c)

in the case of a complaint about an NHS foundation trust which falls within regulation 15(2), the views of the Independent Regulator;

(d)

any investigation of the complaint, whether under Part II or otherwise, and any action taken as a result of such investigation; and

(e)

any other relevant circumstances.

(2)

As soon as reasonably practicable the Healthcare Commission must notify the complainant as to whether it has decided—

(a)

to take no further action;

(b)

to make recommendations to the body which is the subject of the complaint as to what action might be taken to resolve it;

(c)

to investigate the complaint further in accordance with regulation 17, whether by establishing a panel to consider it or otherwise;

(d)

to consider the subject matter of the complaint as part of or in conjunction with any other investigation or review which it is conducting or proposes to conduct in the exercise of its functions under the 2003 Act;

(e)

to refer the complaint to a health regulatory body;

(f)

in the case of a complaint about an NHS foundation trust which falls within regulation 15(2), to refer the complaint to the Independent Regulator; or

(g)

to refer the complaint to the Health Service Commissioner in accordance with section 10 of the Health Service Commissioners Act 1993.

(3)

The notice of decision mentioned in paragraph (2)—

(a)

must be sent to any person who or body which is the subject of the complaint;

(b)

may be sent to any other body which the Healthcare Commission considers has an interest in it;

(c)

must include the Healthcare Commission’s reasons for its decision; and

(d)

in the case of a notification under paragraph (2)(a), must inform the complainant of his right to refer his complaint to the Health Service Commissioner.

(4)

For the purposes of its decision under this regulation, the Healthcare Commission may—

(a)

distinguish one part of a complaint from another and make different proposals in respect of those different parts; and

(b)

take such advice as appears to it to be required.