Regulation 19 Report of investigation by the Healthcare Commission

(1)

Where the Healthcare Commission investigates a complaint it must, as soon as reasonably practicable, prepare a written report of its investigation which—

(a)

summarises the nature and substance of the complaint;

(b)

describes the investigation and summarises its conclusions including any findings of fact, the Healthcare Commission’s opinion of those findings and its reasons for its opinion;

(c)

recommends what action should be taken and by whom to resolve the complaint; and

(d)

identifies what other action, if any, should be taken and by whom.

(2)

The report may include suggestions which it considers would improve the services of an NHS body, an NHS foundation trust or a primary care provider, or which would otherwise be effective for the purpose of resolving the complaint.

(3)

Subject to paragraph (4), the report must be sent to—

(a)

the complainant together with a letter explaining to him his right to take his complaint to the Health Service Commissioner;

(b)

the body which was the subject of the complaint and, in the case of a complaint arising out of services provided by an independent provider, the body which commissioned those services;

(c)

in the case of a complaint involving a primary care provider, to the relevant Primary Care Trust;

(d)

any relevant Strategic Health Authority; and

(e)

in the case of a complaint involving an NHS foundation trust to the Independent Regulator.

(4)

The Healthcare Commission must adapt the report to ensure that confidential information from which the identity of a living individual can be ascertained is not disclosed without the express consent of the individual to whom it relates.