Post-investigation review is updated

New procedure allows for post-investigation review in any appeal against draft report findings

As we have outlined in previous issues of Care News, the Care Inspectorate’s complaints process has been revised to allow the regulator to target its resources to those complaints where people receiving care are at risk.

Both the complainant and complained against have the opportunity to appeal the decision of a complaint investigation.

The following outlines the procedure of appealing a decision under the new complaints process.

On completion of an investigation, the inspector will provide verbal feedback on the outcome of the complaint investigation to the complainant and will send a draft report to both the complainant and complained against detailing:

 

  • element of complaints
  • action taken to investigate
  • evidence to uphold/not to uphold
  • conclusion
  • any areas for improvement identified
  • action the service must take.

However, at this stage, both the complainant and complained against have the opportunity to appeal against the decision in the draft report and ask for a post-investigation review, if they consider that:

  • the investigation made its decision based on important evidence that contained facts that were not accurate, and the person appealing the original decision can show this using readily available information
  • they have new and relevant information that was not previously available about the complaint that was investigated and which affects the decision made
  • they do not agree that the decision is correct and want the Care Inspectorate to reconsider its findings.
    The complainant and complained against have 10 working days after receiving the draft report to submit a post-investigation review request to the Care Inspectorate, explaining any information that affects the outcome of the investigation.

If the new information changes the focus of the complaint investigated or introduces a new part to the complaint, the Care Inspectorate may need to start a new investigation.

The inspector will then review the content of the post-investigation review submitted and review this with the evidence gathered.

The inspector may:

  • decide to do some further investigation and checking
  • update the report to reflect comments received
  • update the outcomes of the complaint
  • not make any changes to the outcomes.

The Care Inspectorate will write to both parties to explain the outcome of the post-investigation review and the decision it has reached. A final complaint report will be issued to the complainant and complained against within 20 working days of receipt of the review.

Once the final complaint report is issued, this represents the Care Inspectorate’s final position and no further appeal or review can be made.