Nurses and Midwives Act 2011

59.

No further action, or referral of complaint to another body or authority, etc.

59.— (1) Where the Preliminary Proceedings Committee is, in respect of a complaint, of the opinion that—

( a) there is not sufficient cause to warrant further action being taken in relation to the complaint,

( b) the complaint should be referred to another body or authority F62 [ ], or

( c) the complaint is one that could be resolved by mediation or other informal means pursuant to guidelines prepared under section 60(1) ,

it shall inform the Board of that opinion.

(2) The Board may, after considering an opinion referred to in subsection (1) in respect of a complaint, do one or more than one of the following:

( a) decide that no further action is to be taken in relation to the complaint;

( b) direct the Preliminary Proceedings Committee to refer the F63 [ complaint ] to another body or authority;

( c) refer information in relation to the complaint in accordance with a co-operation agreement entered into under section 15 ;

( d) refer the F63 [ nurse or midwife the subject of the ] complaint to a professional competence scheme;

( e) refer the complaint for resolution by mediation or other informal means; or

( f) if it considers it necessary to do so, direct that further action be taken under section 61 .

(3) Where the Board, in respect of a complaint, makes a decision referred to in subsection (2)(a) or a referral referred to in subsection (2)(b) or (d), the Board shall give notice in writing of the decision or referral, as the case may be, to—

( a) the registered nurse or registered midwife the subject of the complaint, and

( b) the complainant in any case where the Board is not the complainant.

Annotations:

Amendments:

F62

Deleted (1.08.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 165(a), S.I. No. 409 of 2021.

F63

Substituted (1.08.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 165(b)(i), (ii), S.I. No. 409 of 2021.