The National Health Service (Complaints) Regulations 2004

Investigation by the Healthcare Commission

17.—(1) Where the Healthcare Commission proposes to investigate a complaint itself, it must, within 10 working days of the date on which it sent the notice mentioned in regulation 16(2), or where that is not possible, as soon as reasonably practicable, send to the complainant and any other person to whom the notice was sent its proposed terms of reference for its investigation.

(2) The complainant and any person or body to whom the terms of reference are sent as mentioned in paragraph (1) may comment in writing on the proposed terms of reference provided that they do so within 10 working days of the date on which they were sent.

(3) The Healthcare Commission may conduct its investigation in any manner which seems to it appropriate, may take such advice as appears to it to be required and, having regard in particular to the views of the complainant and any person who or body which is the subject of the complaint, may appoint a panel to hear and consider the complaint in accordance with regulation 18.

(4) The Healthcare Commission may request any person or body to produce such information and documents as it considers necessary to enable a complaint to be considered properly.

(5) A request under paragraph (4) must be in writing (which may be electronically), must specify what information is requested and state why it is relevant to the consideration of the complaint.

(6) The Healthcare Commission may not make a request under paragraph (4) for information which is confidential and relates to a living individual unless the individual to whom the information relates has consented, such consent may be either express or implied, to its disclosure and use for the purposes of the investigation of the complaint.