The National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011

Steps to be taken where an English NHS body considers that a qualifying liability exists or may exist

36.—(1) If an English NHS body concludes that such a qualifying liability exists or may exist and that redress may be available, that English NHS body must, as soon as reasonably possible, take the steps outlined in paragraph (2).

(2) The English NHS body must notify the Welsh NHS body with whom it has entered into an arrangement that it is of the view that a qualifying liability exists or may exist and, after securing any appropriate consents, provide the Welsh NHS body with the following:

(a) a copy of the response to any concern provided in accordance with a relevant complaints procedure;

(b) a copy of any relevant medical records;

(c) a copy of any expert opinion that has been obtained during the investigation of a concern;

(d) a written account of why it believes that there is or there may be a qualifying liability;

(e) the date that it received the concern; and

(f) such other information or assistance as the Welsh NHS body may reasonably require.