Nurses and Midwives Act 2011

57.

Consideration of complaints by Preliminary Proceedings Committee.

57.— (1) The Preliminary Proceedings Committee shall, as soon as is practicable after receiving a complaint F54 [ and the investigation report and any other information from the chief executive officer ], consider whether there is sufficient cause to warrant further action being taken in relation to the complaint.

(2) The Preliminary Proceedings Committee may, for the purpose of considering whether there is sufficient cause to warrant further action being taken in relation to a complaint, take account of such matters relating to the registered nurse or registered midwife the subject of the complaint that arise from F55 [ the investigation of the complaint and the investigation report and other information as it considers ] appropriate and references to a complaint in this section (other than in subsection (11)), and in section 13(2)(h) , 24(2) , 50(3)(a)(ii) , F55 [ 57A to 63 ] , 65 to 69 and 77(2) shall be construed as including references to any such matter.

(3) Where the Preliminary Proceedings Committee considers that a complaint is proper to the procedures of another body or authority, including any scheme which may be in place pursuant to Part 9 of the Health Act 2004, it may inform the complainant of its view that the complaint is proper to such other procedures.

(4) F56 [ ]

(5) F56 [ ]

(6) F56 [ ]

(7) F56 [ ]

(8) F56 [ ]

(9) F56 [ ]

(10) The Preliminary Proceedings Committee shall, before forming an opinion on whether there is sufficient cause to warrant further action being taken in relation to a complaint, or whether the complaint should be referred to another body or authority, consider—

( a) any information supplied under this section concerning the complaint, and

( b) whether the complaint is trivial or vexatious or without substance or made in bad faith.

F57 [ (10A) Where the Preliminary Proceedings Committee is of the opinion that additional information or an additional investigation, or both, is or are required concerning a complaint, it shall advise the chief executive officer that it is of that opinion.

(10B) Where the chief executive officer is advised under subsection (10A) , he or she shall

( a ) seek to obtain the additional information required and give it to the Preliminary Proceedings Committee, or

( b ) ensure that the additional investigation required is undertaken and the further investigation report arising from the additional investigation is given to the Preliminary Proceedings Committee,

or both if so required by that advisement. ]

(11) Where a complaint is withdrawn while it is being considered by the Preliminary Proceedings Committee, the Committee may F58 [ ]

( a) decide that no further action is to be taken in relation to the matter the subject of the complaint, or

( b) proceed as if the complaint had not been withdrawn.

(12) Subsections (1)(c) , (2) (in so far as it relates to the production of records) and (9) of section 64 shall apply to and in relation to the Preliminary Proceedings Committee and the chairperson of that Committee as those subsections apply to and in relation to the Fitness to Practise Committee and the chairperson of the Fitness to Practise Committee F59 [ and the other provisions of section 64 (including subsections (4) to (6) ) shall, with all necessary modifications, be construed accordingly ].

Annotations:

Amendments:

F54

Inserted (1.08.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 162(a), S.I. No. 409 of 2021.

F55

Substituted (1.08.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 162(b)(i), (ii), S.I. No. 409 of 2021.

F56

Deleted (1.08.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 162(c), S.I. No. 409 of 2021.

F57

Inserted (1.08.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 162(d), S.I. No. 409 of 2021.

F58

Deleted (1.08.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 162(e), S.I. No. 409 of 2021.

F59

Substituted (1.08.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 162(f), S.I. No. 409 of 2021.