Written - Draft National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2010

Members will be aware that on 11 January 2010, I launched a public consultation on the draft National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2010.  The consultation ran until 2 April and I received 119 responses.

The draft Regulations were developed as part of the Putting Things Right project which was established to review the existing processes for the investigation of patient safety incidents, complaints and claims.  The proposed new arrangements will make it easier for patients to raise concerns if they are dissatisfied or if things go wrong with their NHS care.  They will also ensure that the NHS approach to such situations is more consistent and results in a fairer outcome for patients and staff. 

The Regulations draw on powers set out in the Health and Social Care (Community Health and Standards) Act 2003 and the NHS Redress (Wales) Measure 2008 and as the first Regulations to flow from the first Assembly Measure, they are eagerly awaited.

There was a considerable amount of support for the proposals and some very helpful comments and suggestions were received, which we will cover in guidance.  However, there was also great variety and detail in many of the responses received, and a number of issues where I believe that further careful consideration is needed.  In particular, comments were received on independence in the process, both in terms of the future of independent review, and also on how patients can receive assurance that their concerns have been investigated fairly and appropriately at local level.  Many respondents felt that further clarification was needed on how the arrangements will work in primary care and cross-border.  Others wanted further thought to be given to the time limits and timescales set out in the draft regulations for the investigation of concerns. 

These key themes need thorough appraisal in order to ensure that they are reflected in the draft Regulations as appropriate.  It is therefore my intention to lay a revised set of Regulations just after the summer recess.  However, this does not significantly alter my plans to introduce new arrangements in the NHS in Wales before the end of the year. 

I will be publishing a consultation response report in due course.