Health and Social Care Professionals Act 2005

Resolution of complaints by mediation or other informal means.

55

55.—(1) The Council may develop guidelines for resolving complaints by mediation or other informal means.

(2) The guidelines may include provision for any or all of the following:

(a) a determination to be made about whether a complaint can be resolved by mediation or other informal means or whether it warrants the holding of an inquiry;

(b) the persons who may attempt to mediate or otherwise resolve the complaint;

(c) the recording of the manner in which the complaint was resolved and of the agreement of the complainant and the registrant to the resolution;

(d) the steps to be taken (including notice to the complainant, the registrant and the preliminary proceedings committee that referred the complaint for resolution by mediation or other informal means) if the complaint cannot, in the opinion of the person attempting to do so, be resolved by mediation or other informal means;

(e) any other matters that the Council considers necessary or appropriate for facilitating the resolution of a complaint by mediation or other informal means.

(3) No attempt may be made to resolve a complaint by mediation or other informal means without the consent of the complainant and the registrant against whom the complaint was made.

(4) A consent given by a registrant for the purpose of this section is not to be taken as an admission of any allegation made by the complainant against the registrant.

(5) No answer or statement made, in the course of attempting to resolve a complaint pursuant to the guidelines, by the complainant or by the registrant may—

(a) be communicated to any person other than the persons participating in the attempt to resolve the complaint, or

(b) be used in any disciplinary, civil or criminal proceedings.

(6) The Council may revise any guidelines developed under this section or may withdraw those guidelines and develop new guidelines.