The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009

Complaints about the provision of health services

7.—(1) This regulation applies to a complaint which is—

(a) made to a Primary Care Trust in accordance with these Regulations on or after 1st April 2009;

(b) about the services provided by a provider under arrangements with the Primary Care Trust; and

(c) not specified in regulation 8(1).

(2) In this regulation, “provider” means an NHS body, primary care provider or independent provider.

(3) Where a Primary Care Trust receives a complaint to which this regulation applies—

(a) the Primary Care Trust must ask the complainant whether the complainant consents to details of the complaint being sent to the provider; and

(b) if the complainant so consents, the Primary Care Trust must as soon as reasonably practicable send details of the complaint to the provider.

(4) If the Primary Care Trust considers that it is appropriate for the Primary Care Trust to deal with the complaint—

(a) it must so notify the complainant and the provider; and

(b) it must continue to handle the complaint in accordance with these Regulations.

(5) If the Primary Care Trust considers that it is more appropriate for the complaint to be dealt with by the provider, and the complainant consents—

(a) the Primary Care Trust must so notify the complainant and the provider;

(b) when the provider receives the notification given to it under sub-paragraph (a)—

(i) the provider must handle the complaint in accordance with these Regulations; and

(ii) the complainant is deemed to have made the complaint to the provider under these Regulations.