Department of Health

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Current guidance

  • Last modified date:
    8 February 2007

Click on the link below to view or print off guidance to accompany the Complaints Regulations can be viewed on the link below. The section dealing with Independent Review is in the process of being finalised with the Healthcare Commission and will be added to the guidance document in the near future. The guidance links closely to the Good Practice Toolkit for Local Resolution.

The previous guidance, i.e. everything issued by the Department since 1996 is now accessible on the 'Previous legislation and guidance' page.

Phased implementation of the reformed procedure

The intention had been to implement the reformed complaints procedure in full from  June but following an approach by the Shipman Inquiry, Ministers decided on a phased implementation.  The intention is to issue amended Complaints Regulations in 2006 once the Department has been able to give proper consideration to any recommendations made by the Shipman Inquiry, which published its 5th report on 9 December 2004. The guidance will also be revised at that time.

Local Resolution for Hospital and Community Health Services

As far as 'Local Resolution' goes, the Complaints Regulations consolidate and rationalise the requirements set out in the various sets of Directions issued since 1996. This means that 'Local Resolution' remains broadly unchanged for NHS bodies and the new guidance updates information provided in the existing guidance as well as expanding on the Regulations.

Information in the existing guidance on independent review will continue to apply to cases going through the old independent review process under the transitional arrangements.

Local Resolution for primary care practitioners

The arrangements for 'Local Resolution' set out in the Complaints Regulations do not apply to primary care practitoners (see the 'current legislation' page) and so 'Local Resolution' remains unchanged. The practice based procedure booklets issued to primary care practitioners in1996 continue to apply until the amended Complaints Regulations and guidance are issued in 2006.  

Information in the booklets on the 'Independent Review' process continues to apply in cases going through the old 'Independent Review'  process under the transitional arrangements.

The new arrangements for 'Independent Review' as set out in the Complaints Regulations do apply to primary care practitioners from 30 July. They will therefore, wish to familiarise themselves with Part III of the Regulations (and the associated sections of the guidance when this is published).

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