Health and Social Care Professionals Act 2005

Referral of complaints to preliminary proceedings committee.

53.—(1) As soon as practicable after receiving a complaint, the Council shall refer the complaint to a preliminary proceedings committee for its opinion on whether there is sufficient cause to warrant further action being taken in relation to the complaint.

(2) The preliminary proceedings committee may, by written notice, do one or more of the following:

(a) require the complainant to verify, by affidavit or otherwise, anything contained in the complaint;

(b) request the complainant to supply to the committee, within a reasonable time specified in the notice, more information relating to the matter raised by the complaint;

(c) require that information requested under paragraph (b) be supplied by the complainant by means of a statutory declaration.

(3) The preliminary proceedings committee shall notify the registrant of the complaint, its nature and the name of the complainant.

(4) The registrant may supply to the preliminary proceedings committee any information that he or she believes should be considered by the committee or a committee of inquiry.

(5) If requested by the preliminary proceedings committee to supply any information relating to the complaint, the registrant shall supply the information within such reasonable time as may be specified by that committee.

(6) Before forming an opinion on whether there is sufficient cause to warrant further action being taken in relation to the complaint, the preliminary proceedings committee shall consider—

(a) any information supplied under this section concerning the complaint, and

(b) whether the matter is trivial or vexatious or the complaint is without substance or made in bad faith.