1. Healthcare Complaints Management Conference
11 May 2017

2. 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

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

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

5. 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 High Court
Flynn v Medical Council 2012 High Court
Corbally v Medical Council 2015 Supreme Court

6. 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

7. 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

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

9. 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

10. 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

11. 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

12. 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