The National Health Service (Service Committees and Tribunal) Regulations 1992

Investigation of complaints

6.—(1) A complaint made in accordance with regulation 5 shall be investigated if it is made by the Board, or if, in the opinion of the chairman of the appropriate committee—

(a) it relates to—

(i) an alleged failure by the practitioner to comply with the terms of service, or

(ii) the fit or efficiency of any denture provided by the practitioner,

in respect of a person who was, or who claimed to be, entitled to the provision of a Part II service; and

(b) it is made—

(i) by or with the authority of that person,

(ii) on behalf of that person because he is under the age of 16 or is incapable, by reason of old age, sickness or other infirmity, of making the complaint himself, or

(iii) in respect of such a person who has died.

(2) Where, at the beginning of the hearing of a complaint before the appropriate committee, or at any time thereafter, it appears that the complaint was not made in accordance with paragraph (1), it shall be deemed to have been properly referred to the committee for investigation under the provisions of regulation 7.

(3) A complaint made against either—

(a) a doctor in respect of the acts or omissions of a deputy whose name is also included in the medical list at the time of the event, treatment or matter which is the subject of the complaint; or

(b) a doctor whose name is included in the medical list at the time of the event, treatment or matter which is the subject of the complaint, in respect of his acts or omissions whilst acting as deputy to a doctor whose name is also included in the medical list,

shall be taken as a complaint against both doctors and shall be investigated accordingly.

(4) Where, at any time after notice of a complaint has been given but before the FHSA makes a decision under regulation 9 in relation to that complaint, the practitioner to whom the complaint relates dies, no further action shall be taken under these Regulations in relation to that practitioner.

(5) A complainant may withdraw his complaint—

(a) at any time in the course of, or immediately following, conciliation, by giving written notice to the FHSA of its withdrawal;

(b) at any other time before the appropriate committee presents its report to the FHSA—

(i) by giving written notice to the FHSA of his intention to withdraw it, and

(ii) with the consent of the appropriate committee.

(6) Where the name of the practitioner against whom a complaint is made was, at the time of the event, treatment or matter which gave rise to a complaint, included in a list maintained by the FHSA under section 29, 36, 39 or 42 of the Act, the appropriate committee shall, subject to the provisions of this Part, investigate the complaint, notwithstanding that the name of the practitioner in question has since been removed from the list in question.

(7) Schedule 4 shall have effect with respect to the procedure for investigating complaints under this Part.