The National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011

Time limit for notification of concerns

15.—(1) Subject to paragraph (2), a concern must be notified not later than twelve months after—

(a) the date on which the matter which is the subject of the concern occurred; or

(b) if later, the date on which the matter which is the subject of the concern came to the notice of the person notifying the concern.

(2) Subject to paragraph (3), the time limit in paragraph (1) will not apply if the responsible body is satisfied that—

(a) the person notifying the concern had good reasons for not notifying the concern within that time limit; and

(b) notwithstanding the delay, it is still possible to investigate the concern effectively and fairly.

(3) A concern may not be notified three or more years after the date on which the matter which is the subject of the concern occurred or, if later, three or more years from the date on which the matter which is the subject of the concern came to the notice of the patient.

(4) In respect of paragraphs (1) and (2), a reference to the date on which the matter which is the subject of the concern came to the notice of the person notifying the concern is, where a patient has opted to have a representative act on his or her behalf in accordance with regulation 12(2)(d), a reference to the patient’s date of knowledge and not to that of the representative who is notifying the concern on the patient’s behalf.