The National Health Service (Complaints) Regulations 2004

Remit of Healthcare Commission in relation to complaints about NHS foundation trusts

15.—(1) Subject to paragraphs (2) to (7), where a person has made a complaint to an NHS foundation trust and either—

(a) he is not satisfied with the outcome of any investigation of that complaint by the NHS foundation trust in accordance with any procedures it may have; or

(b) the NHS foundation trust has no complaints procedures,

he may request the Healthcare Commission to consider the complaint in accordance with this Part.

(2) The Healthcare Commission’s remit in relation to NHS foundation trusts is limited to consideration only of a complaint which—

(a) is made by a patient; and

(b) is reasonably connected with the provision of health care or other services to patients by or for the NHS foundation trust.

(3) The Healthcare Commission may not consider a complaint made under this regulation where the complaint—

(a) is one about which the complainant has stated in writing that he intends to take legal proceedings;

(b) is one about which the NHS foundation trust has stated in writing that it is taking or is proposing to take disciplinary proceedings in relation the substance of the complaint against a person who is the subject of the complaint;

(c) arises out of the NHS foundation trust’s alleged failure to comply with a data subject request under the Data Protection Act 1998 or a request for information under the Freedom of Information Act 2000 ; or

(d) which is being or has been investigated by the Health Service Commissioner.

(4) Where the Healthcare Commission consider that a complaint or any part of a complaint made under this regulation does not fall within paragraph (2), it must refer that complaint or part of a complaint to the Independent Regulator.

(5) The provisions in regulation 8 (2) to (6) (provision about representatives) apply to complaints made to the Healthcare Commission about NHS foundation trusts as if—

(a) the reference in paragraph (2) to paragraph (1) of that regulation were a reference to paragraph (2) of this regulation; and

(b) the references to the complaints manager in paragraphs (3) and (4) were references to the Healthcare Commission.

(6) A request under paragraph (1) must be made within 2 months of, or where that is not possible, as soon as reasonably practicable after, the date on which a response under the NHS foundation trust’s complaints arrangements was sent to the complainant or, where there are no such arrangements, as soon as reasonably practicable.

(7) On receipt of a complaint about an NHS foundation trust, the Healthcare Commission must, within two working days and provided that it has the consent, which may be either express or implied, of the complainant, send a copy of the complaint to the Independent Regulator and invite his views on the complaint.