Regulation of Health and Social Care Professionals Consultation

general functions should be retained, but modernised and reworded to be given
increased precision where appropriate.
10.31 The CHRE does have more specific powers to give directions which can be used
to require compliance with anything it considers desirable for the protection of
members of the public. Although the regulations for the procedure to give
directions have not been created, it is likely that such a power remains of value
as a last resort that can be used to negotiate changes between the CHRE and
the regulators. 19 Accordingly, we propose to retain this power, although we would
welcome views on whether this power is still necessary.
10.32 Our proposal to retain the existing functions, powers and duties of the CHRE
extends to the changes proposed by the Health and Social Care Bill 2011. Under
our scheme, these amendments would be retained.
Provisional Proposal 10-4: The CHRE’s general functions should be retained,
but modernised and reworded where appropriate.
Question 10-5: Is the CHRE’s power to give directions still necessary?
COMPLAINTS ABOUT REGULATORY BODIES
10.33 Section 28 of the NHS Reform and Health Care Professions Act 2002 gives the
Secretary of State the power to make regulations for the investigation by the
CHRE into complaints made to it about the way in which a regulator has
exercised its functions. This power reflects one of the original stated purposes of
the CHRE to provide a form of “ombudsman service” that would allow “complaints
of maladministration to be made against a regulatory body in the performance of
its regulatory functions” in relation to “allegations of maladministration only, for
example delay”. 20
10.34 Although section 28 is in force, regulations have not yet been made and so the
CHRE does not have a formal complaints mechanism. Nevertheless, the CHRE
receives complaints from members of the public and it has dealt with this by
reading into its general function of promoting good practice in the performance of
the health care regulators, a policy of trying to reach consensual conclusions that
both help the complainant and develop any learning points. 21 Categories of
complaint that are taken forward on an informal basis include unacceptable
delays, failure to adhere to rules and poor customer service. However, unlike an
ombudsmen service section 28 appears to envisage a more formalised process
which may include hearings and oral evidence. 22
10.35 In Enabling Excellence the Government indicated that it proposes to issue
regulations under section 28 on the basis that:
There is a need to strengthen the accountability of the regulatory
19 See NHS Reform and Health Care Professions Act 2002, s 27(13).
20 Department of Health, Modernising Regulation in the Health Professions (2001) para 4.1.
21
Council for Healthcare Regulatory Excellence, Complaints about the Health Professions
Regulatory Bodies Policy (2010).
22 NHS Reform and Health Care Professions Act 2002, s 28(3).
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