Regulation 8 Persons who may make complaints

(1)

A complaint may be made by—

(a)

a patient; or

(b)

any person who is affected by or likely to be affected by the action, omission or decision of the NHS body which is the subject of the complaint.

(2)

A complaint may be made by a person (in these Regulations referred to as a representative) acting on behalf of a person mentioned in paragraph (1) in any case where that person—

(a)

has died;

(b)

is a child;

(c)

is unable by reason of physical or mental incapacity to make the complaint himself; or

(d)

has requested the representative to act on his behalf.

(3)

In the case of a patient or person affected who has died or who is incapable, the representative must be a relative or other person who, in the opinion of the complaints manager, had or has a sufficient interest in his welfare and is a suitable person to act as representative.

(4)

If in any case the complaints manager is of the opinion that a representative does or did not have a sufficient interest in the person’s welfare or is unsuitable to act as a representative, he must notify that person in writing, stating his reasons.

(5)

In the case of a child, the representative must be a parent, guardian or other adult person who has care of the child and where the child is in the care of a local authority or a voluntary organisation, the representative must be a person authorised by the local authority or the voluntary organisation.

(6)

In these Regulations any reference to a complainant includes a reference to his representative.