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.