Hospital Complaints Procedure Act 1985
F1An Act to oblige health authorities in England and Wales and Health Boards in Scotland to establish a complaints procedure for hospital patients and to draw such a procedure to the attention of patients.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Hospital complaints procedure.
(1)
It shall be the duty of the Secretary of State to give to each F2F3Strategic Health Authority and Health Authority, to each Special Health Authority in England and Wales and to each Health Board in Scotland such directions F4. . . as appear to him necessary for the purpose of securing that, as respects each hospital F4. . . which that F5Strategic Health Authority,F2Health Authority, Special Health Authority or BoardF6manage—
(a)
such arrangements are made for dealing with complaints made by or on behalf of persons who are or have been patients at that hospital; and
(b)
such steps are taken for publicising the arrangements so made,
as (in each case) are specified or described in the directions.
F7(1A)
It shall also be the duty of the Secretary of State to give to each NHS trust which F8manages a hospital such directions as appear necessary for the purpose of securing that, as respects each hospital F9. . . which that NHS trust F10manages—
(a)
such arrangements are made for dealing with complaints made by or on behalf of persons who are or have been patients at that hospital; and
(b)
such steps are taken for publicising the arrangements so made,
as (in each case) are specified or described in the directions.
F11(1B)
It shall also be the duty of the Secretary of State to give to each Primary Care Trust F12and Local Health Boardwhich manages a hospital such directions as appear necessary for the purpose of securing that, as respects each hospital which that Primary Care Trust F12or Local Health Board manages—
(a)
such arrangements are made for dealing with complaints made by or on behalf of persons who are or have been patients at that hospital; and
(b)
such steps are taken for publicising the arrangements so made,
as (in each case) are specified or described in the directions.
(1C)
In this section, “directions” means—
(a)
in relation to England and Wales, directions under section 17 of the M1National Health Service Act 1977,
(b)
in relation to Scotland, directions under section 2(5) of the M2National Health Service (Scotland) Act 1978.
(2)
No right of appeal, reference or review conferred under this section shall preclude an investigation F13under the Health Service Commissioners Act 1993 in respect of any matter.
(3)
In this section—
(a)
in its application to England and Wales, expressions which are also used in the said Act of 1977 have the same meanings as in that Act;
(b)
in its application to Scotland, expressions which are also used in the said Act of 1978 have the same meanings as in that Act.
F141A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 Short title, commencement and extent.
(1)
This Act may be cited as the Hospital Complaints Procedure Act 1985.
(2)
This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.
(3)
This Act does not extend to Northern Ireland.