Health Service Commissioners Act 1993

Matters subject to investigationE+W+S

3 General remit of Commissioners.E+W+S

(1)On a complaint duly made to a Commissioner by or on behalf of a person that he has sustained injustice or hardship in consequence of—

(a)a failure in a service provided by a health service body,

(b)a failure of such a body to provide a service which it was a function of the body to provide, or

(c)maladministration connected with any other action taken by or on behalf of such a body,

the Commissioner may, subject to the provisions of this Act, investigate the alleged failure or other action.

(2)In determining whether to initiate, continue or discontinue an investigation under this Act, a Commissioner shall act in accordance with his own discretion.

(3)Any question whether a complaint is duly made to a Commissioner shall be determined by him.

(4)Nothing in this Act authorises or requires a Commissioner to question the merits of a decision taken without maladministration by a health service body in the exercise of a discretion vested in that body.