Section 5:   COMPLAINTS PROCEDURE

5.1.
Complaints of signatories to The Code thought to be in breach of this Code may be made by health care professionals or companies. However, the parties involved should attempt to resolve the issue prior to a complaint being made.

5.2.
Complaints should be made in writing to the Secretary of the SDMA indicating the clause involved. When the complainant is a company, they must advise the company which is the subject of the complaint at the same time that they raise the complaint with the SDMA.

5.3.
The SDMA Secretary will immediately confirm receipt, notify the company which is the subject of the complaint and refer the complaint to the Complaints Committee.

5.4.
Complaints which are received from one company against another company must be signed by either the Chief Executive or by a Board Member.

5.5.
The SDMA Secretary must receive copies of all correspondence.

5.6.
As soon as the relevant correspondence has been received, a panel from the Complaints Committee will be called together to consider and to pass an opinion.

5.7.
All parties concerned with the complaint will be informed of the Complaints Committee's opinion in writing shortly after the meeting.

5.8.
SDMA member companies and signatories to The Code found in breach of The Code will be responsible to bear the costs of the breach process in the form of a levy of not less than £1,000 and not more than £2,000. If there is found to be no breach of The Code, the complainant will contribute £500 and the SDMA will underwrite the remaining costs incurred. If the complaint is raised by a health care professional, the SDMA will underwrite all the costs incurred. All levies must be paid within thirty working days of the invoice date.

5.9.
The outcome of complaints made to the Complaints Committee will be published on the SDMA web site.

5.10.
A decision of the Complaints Committee can be reviewed only if new evidence is presented in writing within thirty days. Reviews will be considered, where possible, by the same panel from the Complaints Committee with the fee structure described above applying.

Note.
Several complaints from different sources about the same activity will be regarded as one complaint with respect to a potential breach of this Code.

Complaints Committee
Complaints shall be adjudicated by a panel, chaired by the SDMA Secretary, of five (5) individuals, including the SDMA Chairman, drawn from the list of approved experts held by the Secretary of the SDMA and they have full authority to consider, assess and decide all complaints.

Any individual having an interest in either the complainant or the company complained against must make a declaration of interest to the SDMA Secretary and withdraw from the panel.

The list of approved experts shall be approved annually at the Annual General Meeting of the Surgical Dressing Manufacturers Association.

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