Complaints about the provision of health servicesI17

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.