Constitution and Procedure - What does prima facie case mean?

When the PMCPA receives a complaint, a senior member of the team is assigned as case preparation manager to consider it (Paragraph 5.1 of the PMCPA Constitution and Procedure). If the case preparation manager decides that the complainant has demonstrated that a company "may have contravened the Code" they will contact the company to request a response (Paragraph 5.7).

Once the company response has been received, the case preparation manager must decide if there is a "prima facie case to answer under the Code" (Paragraph 5.13). This does not mean that the case preparation manager has decided that there has been a breach of the Code; it simply means that they think there is enough evidence to justify a Code of Practice Panel considering the complaint and response in more detail in accordance with Paragraph 2.

In deciding whether to refer a case to a Panel, the case preparation manager must act in a way they consider most likely to further the overriding objective of ensuring that cases are dealt with fairly and justly while protecting patient safety (Paragraph 1.10). If a complaint is referred to a Panel, it will issue a ruling, based upon whether the complainant has proven their complaint on the balance of probabilities (Paragraph 2.4).

The case preparation manager also has the option of using the abridged complaints procedure if the criteria in Paragraph 6 are met, in which case the complaint will not be referred to a Panel.