Abridged complaints procedure

The case preparation manager may determine that the abridged complaints procedure will be followed where:

• the allegations fall within the approved list for use of the abridged procedure, and

• it appears that the central facts will not be disputed, and

• it is likely, in the case preparation manager’s view, that there has been a breach of the Code.

The case preparation manager will notify the parties that the complaint is being handled through the abridged complaints procedure.

Where a complaint comprises multiple allegations, the complaint will follow the full complaints procedure if any of the allegations do not fall within the scope of the abridged complaints procedure.

Responding to a complaint being handled through the abridged complaints procedure

Upon receipt of a complaint, the respondent company has 15 working days to conduct its investigation and respond in writing.

For a complaint to be handled through the abridged complaints procedure, the respondent company must:

• accept the breach(es) of the ABPI Code

• provide a written undertaking that the activity or use of the material in question and any similar material (if not already discontinued or no longer in use) will cease forthwith and that all possible steps will be taken to avoid a similar breach of the Code in the future

• confirm that, as a result of its investigation, it has not identified a systemic compliance issue in relation to the matter(s) alleged.

If the case preparation manager assesses that the respondent company’s response does not satisfy these requirements, the case will follow the full complaints procedure, including the requirement for the company to provide a complete response to the matter of complaint. Additional clauses may be raised by the case preparation manager at this stage.

Completion of the case

The case preparation manager will inform the complainant that the company has accepted a breach of the Code and provide details of the undertaking.

There is no right of appeal by either the complainant or the respondent company under the abridged procedure:

• the respondent company has accepted the breach(es) of the Code

• there are no ‘no breach’ rulings for the complainant to appeal.

Administrative charges equal to one half of the complaint going through the full complaints procedure will be payable by the respondent company.

The Code of Practice Appeal Board cannot impose any additional sanctions on a complaint that has been handled through the abridged procedure. However, in exceptional circumstances, such as patient safety concerns, the Appeal Board may request that the complaint is reassessed through the full complaints procedure.

A case report will be published on the PMCPA website.