This is not a legal opinion, but just a brief summary of some of the practicalities and law about complaining about Monitor, the NHS sector regulator, through various channels.
The functions of Monitor itself
A summary of the new role of Monitor is : http://www.monitor-nhsft.gov.uk/sites/all/modules/fckeditor/plugins/ktbrowser/_openTKFile.php?id=6211
It is a public body, with derived powers from statute: licensing NHS FTs, enforcing fair competition, intervening in failing trusts, promoting equality in healthcare, promoting quality and economic efficiency, prevention and treatment of illness and disease, promoting public health (see s. 62 of Health and Social Care Act) Monitor is described in full s.61-71 in the now famous Part 3 of the Health and Social Care Act (2012). Crucially, under s.71 the Secretary of State has powers to intervene if the failing is “significant” though this is not defined fully by case law yet.
Pivotal in the new Health and Social Care Act is Monitor, which has a number of duties enshrined in law. The history of the development of Monitor’s functions is well described elsewhere, for example here by Dr Anna Dixon of the King’s Fund.
How to complain about Monitor – two routes being Monitor itself, and the Parliamentary Healthcare Ombudsman
The Parliamentary Healthcare ombudsman website http://www.ombudsman.org.uk/make-a-complaint/how-to-complain gives useful advice on how to complain about health regulatory bodies including Monitor. Monitor itself produces guidance as how to pursue a complaint about Monitor itself here. It would be normal to pursue a complaint through Monitor’s internal channels first for complaints about NHS Trusts or Monitor.
Judicial review – this is supposed to be a remedy of last resort after internal review processes, appeals, etc.
You are supposed to consider alternative dispute resolution mechanisms (e.g. negotiation, Ombudsman, independent consultation, mediation) (these are outlined in the pre-action protocol). If you haven’t attempted these, you are likely to have to explain why to the Courts in any application of judicial review. It appears that you may be able can take an action against Monitor, irrespective of the healthcare ombudsman or going through Monitor channels, through judicial review, if there are appropriate grounds.
The website http://www.publiclawproject.org.uk is a very good introduction to how to take an action for judicial review against a public body. Unfortunately, due to the shake-up of legal aid etc. and the changes in the Legal Services Commission, this project does not exist for the timebeing. To have benefitted from their help, you would have need to have been approached by a solicitor in person, law centre, or ‘other interested body’.
Some very useful resources are given on a page entitled “information leaflets” – http://www.publiclawproject.org.uk/AdviceGeneral.html Resources include:
- How can public law help me?
- What is judicial review?
- Short guide to grounds for judicial review
- Short guide to judicial review procedure (Civil Procedure Rules 54 and practice direction)
- Remedies in judicial review
- Complaint procedures for particular public bodies
- How to make a complaint to the Ombudsman
DISCLAIMER:
I hope you find this information useful. It is not meant to be legal advice, and is simply an academic summary. This website does not take any responsibility for the accuracy of information therein. However, we would be grateful for any opinions.
