{
  "url": "https://openlegislation.uk/national-health-service-complaints-regulations-2004/regulation-8",
  "json_url": "https://openlegislation.uk/national-health-service-complaints-regulations-2004/regulation-8.json",
  "legislation": "uksi/2004/1768",
  "legislation_title": "The National Health Service (Complaints) Regulations 2004",
  "legislation_url": "https://openlegislation.uk/national-health-service-complaints-regulations-2004",
  "path": "regulation/8",
  "kind": "regulation",
  "number": "8",
  "heading": "Persons who may make complaints",
  "text": "(1) A complaint may be made by—\n(a) a patient; or\n(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.\n(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—\n(a) has died;\n(b) is a child;\n(c) is unable by reason of physical or mental incapacity to make the complaint himself; or\n(d) has requested the representative to act on his behalf.\n(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.\n(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.\n(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.\n(6) In these Regulations any reference to a complainant includes a reference to his representative.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2004/1768/regulation/8",
    "retrieved_at": "2026-10-29T05:22:56.607863+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}