OpenLegislation

Regulation 6A Complaints capable of being resolved without investigationF1

(1)

In dealing with a complaint other than one specified in regulation 6B(2) or 7(2), the responsible body must—

(a)

make a written record of the complaint; and

(b)

seek to resolve the complaint to the satisfaction of the complainant within 5 working days of the date on which the complaint is received.

(2)

The period of 5 working days referred to in paragraph (1)(b) may be extended to 10 working days if the feedback and complaints officer considers—

(a)

that the complaint cannot be resolved to the satisfaction of the complainant within 5 working days; and

(b)

that extending the period is likely to result in the complaint being so resolved.

(3)

Paragraph (4) applies where—

(a)

the responsible body determines that it will not be possible to resolve the complaint as provided for in paragraph (1)(b) or (2); or

(b)

the responsible body has provided a response to the complainant and the complainant has notified the responsible body, within the period specified in regulation 5(1), or as the case may be, the period extended by virtue of regulation 5(2), that the complainant is not satisfied with the response.

(4)

The responsible body must—

(a)

investigate the complaint;

(b)

send the complainant a written acknowledgement of the complaint within 3 working days of the determination or, as the case may be, the notification;

(c)

subject to regulation 6C, send the complainant a report of the investigation within 20 working days of the determination or, as the case may be, the notification.

(5)

In this regulation a complaint is taken to be resolved “to the satisfaction of the complainant” if the responsible body has provided a response to the complaint, and the complainant has either—

(a)

indicated that they are satisfied with the response; or

(b)

not responded to the responsible body.

Annotations

Textual amendments

F1

Regs. 6A-6D substituted for reg. 6 (1.4.2017) by The Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Amendment Regulations 2016 (S.S.I. 2016/401), regs. 1(1), 2(5) (with reg. 3)