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Investigation of complaints
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161. The Act of 2011 is amended by the insertion of the following section after section 56:
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“56A. (1) Subject to section 55(2B), the chief executive officer, following the receipt of a complaint, shall cause such investigation as he or she deems appropriate to be carried out and, for the purposes of the investigation, shall appoint an authorised officer to carry out the investigation.
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(2) (a) The chief executive officer and the authorised officer appointed under subsection (1) may, for the purposes 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 the investigation of the complaint as they consider appropriate.
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(b) References to a complaint in this section (other than subsection (10) ), in the definitions of ‘allegation’ and ‘inquiry’ in section 2 and in sections 9(2)(i), 13(2)(h), 24(2), 50(3)(a), 57A, 63, 65 to 69 and 77(2) shall be construed as including references to any of the matters referred to in paragraph (a).
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(3) The authorised officer shall investigate the complaint and prepare a report for the chief executive officer.
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(4) The authorised officer may, by notice in writing given to a complainant, do one or more of the following:
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(a) require the complainant to verify, by affidavit or otherwise, anything contained in the complaint;
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(b) request the complainant to provide, within a reasonable period specified in the notice, further information relating to the matter the subject of the complaint;
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(c) require that the information requested under paragraph (b) be provided by means of a statutory declaration.
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(5) The chief executive officer may refuse to consider or further consider a complaint if the complainant, without reasonable excuse, does not comply with a notice under subsection (4) given to the complainant.
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(6) The authorised officer shall give notice in writing to the registered nurse or registered midwife, the subject of a complaint, of the complaint, its nature and, if known, the name of the complainant.
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(7) The registered nurse or registered midwife the subject of a complaint may provide to the authorised officer any information that the nurse or midwife believes should be considered by the Preliminary Proceedings Committee or the Fitness to Practise Committee.
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(8) The authorised officer may, by notice in writing given to a registered nurse or registered midwife the subject of a complaint, require the nurse or midwife to provide the authorised officer, within a reasonable period specified in the notice, with such information relating to the complaint as is specified in the notice.
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(9) A registered nurse or registered midwife shall comply with a notice under subsection (8) given to him or her.
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(10) Where a complaint is withdrawn before it is considered by the Preliminary Proceedings Committee, the chief executive officer may—
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(a) decide that no further action is to be taken in relation to the matter the subject of the complaint, or
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(b) proceed as if the complaint had not been withdrawn.
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(11) The chief executive officer shall, following the receipt of the investigation report from the authorised officer, forward the complaint and the investigation report and any other information which the chief executive officer deems appropriate to the Preliminary Proceedings Committee for consideration.
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(12) Subsections (1)(c), (2) (in so far as the last-mentioned subsection relates to the production of records) and (9) of section 64 shall apply to and in relation to the chief executive officer as those subsections apply to and in relation to the Fitness to Practise Committee and the chairperson of the Fitness to Practise Committee and the other provisions of section 64 (including subsections (4) to (6)) shall, with all necessary modifications, be construed accordingly.”.
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