Health Act 2004
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,
(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.