Health Act 2004
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Restriction on type of recommendations complaints officers may make and power to suspend implementation of recommendations. |
51.—(1) A complaints officer may not, following the investigation of a complaint, make a recommendation the implementation of which would require or cause— | |
(a) the Executive to make a material amendment to its approved service plan, or | ||
(b) a service provider and the Executive to make a material amendment to an arrangement under section 38 . | ||
(2) If, in the opinion of the relevant person, such a recommendation is made, that person shall either— | ||
(a) amend the recommendation in such manner as makes the amendment to the applicable service plan or arrangement unnecessary, or | ||
(b) reject the recommendation and take such other measures to remedy, mitigate or alter the adverse effect of the matter to which the complaint relates as the relevant person considers appropriate. | ||
(3) Pending the outcome of a review, the relevant person may suspend the implementation of a recommendation made by a complaints officer if satisfied that, in the interests of fair and sound administration, it is appropriate to do so. | ||
(4) In this section “relevant person” means— | ||
(a) in relation to a complaint dealt with by the Executive in accordance with the procedures established under section 49 (1), the chief executive officer, and | ||
(b) in relation to a complaint dealt with in accordance with the procedures established by a service provider under section 49 (2), the service provider. |