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The General Osteopathic Council (Investigation of Complaints) (Procedure) Rules Order of Council 1999

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PART IIInitial consideration of cases

Appointment and role of Screeners

3.—(1) Before any case is considered by the Investigating Committee it shall have been considered by a member of the Investigating Committee appointed for the purpose by the Council (“the Screener”) and referred by that person to the Committee.

(2) The member appointed under paragraph (1) shall be a fully registered osteopath.

(3) the member appointed under paragraph (1) shall not—

(a)be the Registrar or a member of either the Professional Conduct Committee or the Health Committee; and

(b)shall not sit as a member of the Investigating Committee on any case previously considered by him in his capacity as Screener.

4.—(1) Subject to paragraph (2), where the Screener has decided on an earlier occasion that there is no power under the Act to deal with a complaint against an osteopath (“an earlier case”), that earlier case may nevertheless be taken into account by the Screener in connection with the consideration of a subsequent complaint against the same osteopath with a view to determining whether together they may indicate a case relating to conduct or incompetence or a case relating to health.

(2) An earlier case may only be taken into account in accordance with paragraph (1) if, when the osteopath is notified under section 20(13) that no further action is to be taken in connection with the earlier case, the notification contains a statement that the case may be taken into account in the consideration of any subsequent complaint.

5.  For the purposes of considering a case, the Screener may seek information about or observations on the case from any person who, in the opinion of the Screener, might assist him in his consideration.

6.—(1) Where the Screener decides that the Investigating Committee has no power to deal with a complaint then he shall inform the complainant of his decision in writing and give reasons.

(2) In such circumstances neither the complainant, nor the osteopath, shall have the right of access to any document relating to the case.

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