# The National Health Service (Complaints) Regulations 2004, Regulation 18: Panels


(1) Subject to paragraph (2), the Healthcare Commission must prepare and keep up to date a list of people who, in its opinion, are suitable to be members of an independent lay panel to hear and consider complaints.
(2) The following persons are not eligible for membership of an independent lay panel—
(a) a member or employee of an NHS body;
(b) any person who is, or who has at any time been, a health care professional or an employee of a health care professional.
(3) Where the Healthcare Commission proposes to refer a complaint to a panel it must make arrangements for the complaint to be considered by a panel of three people selected from the list mentioned in paragraph (1), one of whom must be appointed to be the chairman.
(4) Subject to paragraphs (5) to (7), a panel may consider a complaint in any manner and adopt any procedure which appears to it to be appropriate to resolve the complaint, having regard to any representations to it which may be made by the complainant or by the person who is the subject of the complaint (in this regulation referred to as the participants).
(5) The panel must ensure that the participants are kept informed generally and in particular about—
(a) the composition of the panel;
(b) the date and time of any hearing; and
(c) the names of any person whom the panel proposes to interview or from whom it proposes to take advice or evidence.
(6) A participant before a panel may be accompanied or represented by a friend or advocate but may not be represented by a legal representative acting as such.
(7) In the event of disagreement among members of the panel, the view of the majority shall prevail.

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Source: https://www.legislation.gov.uk/uksi/2004/1768/regulation/18 (the official version)
Page: https://openlegislation.uk/national-health-service-complaints-regulations-2004/regulation-18
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.