PART 6REDRESS

Investigation reportI131

1

A Welsh NHS body must ensure that the findings of the investigation of a concern in which a person is seeking redress under this Part are recorded in an investigation report.

2

An investigation report must contain the following—

a

a copy of any medical evidence that has been commissioned in accordance with this Part in order to determine whether or not there is a qualifying liability or which has been commissioned to determine condition and prognosis;

b

a statement by the Welsh NHS body confirming whether or not, in its opinion, there is a qualifying liability; and

c

an explanation for the opinion expressed in sub-paragraph (b).

3

Unless paragraph (4) applies, the Welsh NHS body must provide the person who is seeking redress under this Part, or his or her legal representative, with a copy of the investigation report within the time frame set out in regulation 26(5) and (6).

4

No copy of the investigation report need be provided by the Welsh NHS body—

a

before an offer of redress under this Part is made;

b

before a decision not to make an offer of redress is communicated;

c

if the investigation of redress in accordance with this Part is for any reason terminated; or

d

where the report contains information likely to cause the patient or other applicant for redress significant harm or distress.