Health and Social Care Professionals Act 2005

Referral of complaint to mediation, etc., or to committee of inquiry.

56.—(1) If a preliminary proceedings committee is of the opinion that there is sufficient cause to warrant further action being taken in relation to a complaint or if the Council decides that such action is necessary, the preliminary proceedings committee shall either—

(a) refer the complaint for resolution by mediation or other informal means, but only if it determines in accordance with the guidelines under section 55 that the complaint is one that could be so resolved, or

(b) refer the complaint to whichever of the following committees of inquiry it considers appropriate:

(i) a professional conduct committee;

(ii) a health committee.

(2) On being informed pursuant to the guidelines under section 55 that a complaint referred for resolution by mediation or other informal means cannot be so resolved (whether because of the failure of the parties to consent to any attempt to resolve the complaint or for any other reason), a preliminary proceedings committee shall refer the complaint to a committee of inquiry.