# The National Health Service (Complaints) Regulations 2004, 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.

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Source: https://www.legislation.gov.uk/uksi/2004/1768/regulation/8 (the official version)
Page: https://openlegislation.uk/national-health-service-complaints-regulations-2004/regulation-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.