The Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012

Requirement to deal with complaints

7.—(1) In dealing with a complaint specified in regulation 7(2), the responsible body must as soon as reasonably practicable notify the complainant in writing—

(a) that such a complaint will not be investigated under the arrangements; and

(b) of the procedures for raising such a complaint.

(2) The following complaints are specified—

(a) a complaint raised by a relevant NHS body about the exercise of another relevant NHS body’s functions;

(b) a complaint raised by a service provider about any matter connected with the contract or arrangements under which that service provider provides health services;

(c) a complaint raised by an employee of a responsible body about any matter relating to that employee’s contract of employment;

(d) a complaint which is being or has been investigated by the Scottish Public Services Ombudsman;

(e) a complaint arising out of an alleged failure to comply with a request for information under the Freedom of Information (Scotland) Act 2002(1);

(f) a complaint about which the complainant has stated in writing that the complainant intends to take legal proceedings;

(g) a complaint about which a responsible body is taking or proposing to take disciplinary proceedings against the person who is the subject of the complaint; and

(h) a complaint, the subject matter of which has previously been investigated under—

(i) the arrangements;

(ii) the 2005 Directions, in relation to a complaint raised under those Directions prior to 1st April 2012; or

(iii) a relevant complaints procedure, in relation to a complaint raised under such a procedure prior to 1st April 2012.

(3) Where a complaint specified in paragraph (2) is connected with another complaint which is not so specified, the other complaint is to be dealt with in accordance with regulation 6(1).

(1)

2002 asp 13.