Healthcare Complaints Management Conference 11 May 2017

The Regulators view on Complaints Management The interrelationship between internal complaints management and the Regulatory process William Kennedy Director of Regulation Legal Advisor Professional Standards Medical Council 2

Statutory Schemes Health and Social Care Professionals Act 2005 Medical Practitioners Act 2007 Pharmacy Act 2007 Nurses and Midwives Act 2011 Dentists Act 1985

Council and Committees Who makes the decision Formula for composition of committees Prohibition On overlap Council/Board make decisions

Complaints Who can make a complaint What is the purpose of a complaint Not redress When can a complaint be made Ethical Guide – 8th Edition T v Medical Council 2011 High Court Flynn v Medical Council 2012 High Court Corbally v Medical Council 2015 Supreme Court

Grounds for Complaints Professional Misconduct Poor Professional Performance Relevant medical disability PPC – Preliminary Proceedings Committee FTPC - Fitness to Practice Committee Sanction – Council/Board High Court Section 60 – immediate risk to the public interest

Sanctions Advice, admonishment or censure in writing High Court Sanctions Censure in writing and a fine of up to €5000 Attach conditions to the retention of a name on the register Transfer registration to another division of the register Suspend registration for a specified period Cancel registration Prohibit application for restoration to the register for a specified period

Management of Complaints Case officers Complaint forms File discipline Case management Case reports

Complaint Pathway Complaint Received Fitness to Practise Preliminary Proceedings Committee Council No Prima Facie decision No further action Refer to another body or authority or to a professional competence scheme Refer to mediation High Court

Management of Complaints and expectations Set out stall Explanatory literature Survey Listening to complaints – Learning for good professional practice Unusually persistent complainants British Journal of Psychiatry 2004

The Interrelationship between internal complaints management and the Regulatory process HSE: Trust in care investigations Reviews or investigations MOU with HSE, HIQA and Ombudsman Refer to another body or Authority

2016 stats PPC 411 complaints received 42 Referred to Fitness to Practice 6 Referred to Performance Assessment 2 Referred to another body 5 Referred to mediation Fitness to Practice 120 days of inquiry 48 inquiries heard 46 inquiries completed