Regulation of Health and Social Care Professionals Consultation

extend to all businesses or to all individual high street outlets, which can lead to
confusion for both registrants and members of the public as to the purpose and
coverage of business registration. Furthermore, the fitness to practise regime
when applied to this area can be a heavy handed mechanism for dealing with
businesses that are not meeting the required standards. In effect, the emphasis is
on formal procedures in the small number of cases when things go seriously
wrong, as opposed to a more proactive system to monitor and ensure that high
standards are being maintained by businesses.
11.28 We welcome further views on whether the current systems for the regulation of
bodies corporate are effective and useful in practice. It would be possible for a
statutory solution to retain the existing systems of both the General Optical
Council and the General Dental Council, while also addressing any existing
deficiencies in the current systems. Alternatively, our scheme could repeal these
systems and enable the regulators to put in place alternative arrangements (this
option is discussed in more detail later in this part).
Question 11-4: Should the statute retain the existing systems for the
regulation of bodies corporate?
CONSUMER COMPLAINTS
11.29 The regulators do not have powers to deal with consumer complaints. However,
the General Optical Council has powers to allocate resources to any individual or
body set up to investigate and resolve consumer complaints in relation to the
supply of goods and services by registrants. 31
11.30 The Council has contracted with the Optical Consumer Complaints Service to
deal with such consumer complaints. The Optical Consumer Complaints Service
describes itself as “essentially a mediation service”, which deals primarily with
matters of a contractual nature and within the remit of consumer legislation. 32 In
2010, it received 1,640 contacts and opened 883 cases. The main issues dealt
with by the Optical Consumer Complaints Service are poor service and practice,
and conflicts between professional and commercial interests. 33
11.31 In addition the General Dental Council has established and funds a Dental
Complaints service which provides a UK wide complaints resolution service for
private dental patients. This is described as a department of, but operationally at
arms length from, the General Dental Council. 34
Provisional view
11.32 It has long been accepted that the proper role of professional regulation is to
protect the public and not to provide redress to a complainant. 35 Therefore, we
believe it would not be appropriate for the regulators to have powers to run their
31 Opticians Act 1989, s 32.
32 Optical Consumer Complaints Service, Position Statement (2011) paras 4 and 5.
33 Optical Consumer Complaints Service, OCCS Annual Report 2010 (2011) p 5.
34
http://www.dentalcomplaints.org.uk/pages/index.asp?area=2 (last visited 15 February
2012).
35 See, for example, R (Zia) v General Medical Council [2011] EWCA Civ 743 at para 35.
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