Health Act 2004
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Refusal to investigate or further investigate complaints. |
50.—(1) A complaints officer shall not investigate a complaint if— | |
(a) the person who made the complaint is not entitled under section 46 to do so either on the person's own behalf or on behalf of another, | ||
(b) the complaint is made after the expiry of the period specified in section 47 (2) or any extension of that period allowed under section 47 (3). | ||
(2) A complaints officer may decide not to investigate or further investigate an action to which a complaint relates if, after carrying out a preliminary investigation into the action or after proceeding to investigate such action, that officer— | ||
(a) is of the opinion that— | ||
(i) the complaint does not disclose a ground of complaint provided for in section 46 , | ||
(ii) the subject-matter of the complaint is excluded by section 48 , | ||
(iii) the subject-matter of the complaint is trivial, or | ||
(iv) the complaint is vexatious or not made in good faith, | ||
or | ||
(b) is satisfied that the complaint has been resolved. | ||
(3) A complaints officer shall, as soon as practicable after determining that he or she is prohibited by subsection (1) from investigating a complaint or after deciding under subsection (2) not to investigate or further investigate a complaint, inform the complainant in writing of the determination or decision and the reasons for it. |