The National Health Service (Complaints) Regulations 2004

Matters excluded from consideration under the arrangements

7.  The following complaints are excluded from the scope of the arrangements required under this Part —

(a) a complaint made by an NHS body which relates to the exercise of its functions by another NHS body;

(b) a complaint made by a primary care provider which relates either to the exercise of its functions by an NHS body or to the contract or arrangements under which it provides primary care services;

(c) a complaint made by an employee of an NHS body about any matter relating to his contract of employment;

(d) a complaint made by an independent provider or an NHS foundation trust about any matter relating to arrangements made by an NHS body with that independent provider or NHS foundation trust;

(e) a complaint which relates to the provision of primary medical services in accordance with arrangements made by a Primary Care Trust with a Strategic Health Authority under section 28C of the 1977 Act or under a transitional agreement;

(f) a complaint which is being or has been investigated by the Health Service Commissioner;

(g) a complaint arising out of an NHS body’s alleged failure to comply with a data subject request under the Data Protection Act 1998(1) or a request for information under the Freedom of Information Act 2000((2))

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

(i) a complaint about which an NHS body is taking or is proposing to take disciplinary proceedings in relation to the substance of the complaint against a person who is the subject of the complaint.

(1)

1998 c. 29

(2)

2000 c. 36.