Investigations by the Commissioner

Independent providers of health and F1social care subject to investigation8A

1

This Article applies to persons if—

a

they are persons (whether individuals or bodies) providing services (of any kind) under arrangements with health and F1social care bodies or general F2health care providers; and

b

they are not themselves health and F1social care bodies or general F2health care providers.

2

In this Order references to an independent provider are to any person to whom this Article applies.

3

Where an independent provider has made an arrangement with a health and F1social care body or a general F2health care provider to provide a service, the Commissioner may, subject to the provisions of this Order, investigate any action taken in relation to the service by—

a

the independent provider;

b

a person employed by the independent provider;

c

a person acting on behalf of the independent provider; or

d

a person to whom the independent provider has delegated any functions.

4

The Commissioner may investigate any action taken as mentioned in paragraph (3) only if a complaint is made to the Commissioner in accordance with this Order by a person who claims to have sustained injustice in consequence of maladministration in connection with the action so taken with a request to conduct an investigation into it.

5

Nothing in this Order authorises or requires the Commissioner to question the merits of a decision taken without maladministration by—

a

an independent provider;

b

a person employed by an independent provider;

c

a person acting on behalf of an independent provider; or

d

a person to whom an independent provider has delegated any functions.

6

Paragraph (5) does not apply to the merits of a decision to the extent that it was taken in consequence of the exercise of clinical judgment.