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106 Assembly: duties relating to children | |
In section 8 of the Care Standards Act 2000 (c. 14) (general functions of the | |
Assembly), at the end insert— | |
“(6) The Assembly must have particular regard to the need to safeguard | |
and promote the rights and welfare of children in the exercise of— | 5 |
(a) its functions exercisable by virtue of section 5(b) and | |
subsections (1) to (3) of this section; and | |
(b) any other functions exercisable by the Assembly corresponding | |
to functions exercisable by the CSCI in relation to England.” | |
Chapter 8 | 10 |
Other functions of CSCI | |
107 Boarding schools and colleges | |
The functions of the National Care Standards Commission under section 87 of | |
the Children Act 1989 (c. 41) (welfare of children accommodated in boarding | |
schools and colleges) are transferred to the CSCI. | 15 |
108 Secure training centres | |
(1) The CSCI and the Secretary of State may make arrangements for the CSCI to | |
conduct inspections of secure training centres in England. | |
(2) Inspections under this section shall be on such terms, including terms as to | |
payment of the CSCI, as the CSCI and Secretary of State may agree in the | 20 |
arrangements. | |
(3) In this section, “secure training centre” has the same meaning as in section | |
43(1)(d) of the Prison Act 1952 (c. 52). | |
Chapter 9 | |
Complaints | 25 |
Health care complaints | |
109 Complaints about health care: English and cross-border bodies | |
(1) The Secretary of State may by regulations make provision about the procedure | |
to be followed where a complaint is made to an English NHS body, or cross- | |
border SHA, about— | 30 |
(a) the exercise by the body of any of its functions; | |
(b) the provision by any person of health care for which the body is | |
responsible; | |
(c) the provision of services by the body or any other person in pursuance | |
of arrangements made by the body under section 31 of the Health Act | 35 |
1999 (c. 8) in relation to the exercise of the health-related functions of a | |
local authority. | |
(2) Regulations under this section may in particular make provision— | |
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(a) for circumstances in which a complaint need not be considered; | |
(b) about the procedure to be followed on the making of a complaint and | |
how it is to be considered; | |
(c) for the person or body by whom a complaint is to be considered; | |
(d) requiring the production of information or documents to enable a | 5 |
complaint to be considered; | |
(e) about the action to be taken as the result of a complaint; | |
(f) about the making of a report about a complaint; | |
(g) for a complaint to be referred to another person or body. | |
(3) The provision that may be made under subsection (2)(a) includes in particular | 10 |
provision for a complaint only to be considered if— | |
(a) it is made in the prescribed manner and within the prescribed period; | |
(b) it is made by a person of a prescribed description; | |
(c) it is a complaint of a prescribed description. | |
(4) The provision that may be made under subsection (2)(c) includes in particular | 15 |
provision for a complaint to be considered by — | |
(a) the NHS body to whom the complaint is made; | |
(b) any other NHS body; | |
(c) the CHAI; | |
(d) an independent panel established in the prescribed manner. | 20 |
(5) The provision that may be made under subsection (2)(g) includes in particular | |
provision for a complaint to be referred to— | |
(a) a Health Service Commissioner; | |
(b) a professional regulatory body; | |
(c) the police; | 25 |
(d) any person who may consider— | |
(i) a complaint made under section 110, 111 or 112; or | |
(ii) a representation made under section 24D or 26 of the Children | |
Act 1989 (c. 41). | |
(6) Provision under subsection (2)(g) may include provision enabling a complaint | 30 |
referred to a Health Service Commissioner to be considered under the Health | |
Service Commissioners Act 1993 (c. 46). | |
(7) Regulations under this section may provide for different parts or aspects of a | |
complaint to be treated differently. | |
(8) Regulations under this section may also make provision— | 35 |
(a) for any person or body in respect of whom a complaint is made to pay | |
to any person or body who considers the complaint under this section | |
a fee of such amount as may be specified in, or calculated or determined | |
under, the regulations; and | |
(b) for an independent panel to review the amount chargeable under | 40 |
paragraph (a) in any particular case and, if the panel thinks fit, to | |
substitute a lesser amount for that amount. | |
(9) Where regulations under this section make provision under subsection (2)(c) or | |
(g) they may also permit the disclosure of information relevant to a complaint | |
notwithstanding any obligation of confidence owed in respect of it. | 45 |
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110 Complaints about health care: Welsh bodies | |
(1) The Assembly shall by regulations make provision about the procedure to be | |
followed where a complaint is made to a Welsh NHS body about— | |
(a) the exercise by the body of any of its functions; | |
(b) the provision by any person of health care for which the body is | 5 |
responsible; | |
(c) the provision of services by the body or any other person in pursuance | |
of arrangements made by the body under section 31 of the Health Act | |
1999 (c. 8) in relation to the exercise of the health-related functions of a | |
local authority. | 10 |
(2) Regulations under this section may in particular make provision— | |
(a) for circumstances in which a complaint need not be considered; | |
(b) about the procedure to be followed on the making of a complaint and | |
how it is to be considered; | |
(c) for the person or body by whom a complaint is to be considered; | 15 |
(d) requiring the production of information or documents to enable a | |
complaint to be considered; | |
(e) about the action to be taken as the result of a complaint; | |
(f) about the making of a report about a complaint; | |
(g) for a complaint to be referred to another person or body. | 20 |
(3) The provision that may be made under subsection (2)(a) includes in particular | |
provision for a complaint only to be considered if— | |
(a) it is made in the prescribed manner and within the prescribed period; | |
(b) it is made by a person of a prescribed description; | |
(c) it is a complaint of a prescribed description. | 25 |
(4) The provision that may be made under subsection (2)(c) includes in particular | |
provision for a complaint to be considered by — | |
(a) the NHS body to whom the complaint is made; | |
(b) any other NHS body; | |
(c) the CHAI; | 30 |
(d) an independent lay person; | |
(e) an independent panel established in the prescribed manner. | |
(5) The provision that may be made under subsection (2)(g) includes in particular | |
provision for a complaint to be referred to— | |
(a) a Health Service Commissioner; | 35 |
(b) a professional regulatory body; | |
(c) the police; | |
(d) any person who may consider— | |
(i) a complaint made under section 109, 111 or 112; | |
(ii) a representation made under section 24D or 26 of the Children | 40 |
Act 1989 (c. 41). | |
(6) Provision under subsection (2)(g) may include provision enabling a complaint | |
referred to a Health Service Commissioner to be considered under the Health | |
Service Commissioners Act 1993 (c. 46). | |
(7) Regulations under this section may provide for different parts or aspects of a | 45 |
complaint to be treated differently. | |
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(8) Regulations under this section may also make provision— | |
(a) for any person or body in respect of whom a complaint is made to pay | |
to any person or body who considers the complaint under this section | |
a fee of such amount as may be specified in or determined under the | |
regulations; | 5 |
(b) for an independent panel to review the amount chargeable under | |
paragraph (a) in any particular case and, if the panel thinks fit, to | |
substitute a lesser amount for that amount. | |
(9) Where regulations under this section make provision under subsection (2)(c) or | |
(g), they may also permit the disclosure of information relevant to a complaint | 10 |
notwithstanding any obligation of confidence owed in respect of it. | |
Social care complaints | |
111 Complaints about social services: England | |
(1) The Secretary of State may by regulations make provision about the procedure | |
to be followed where a complaint is made to a local authority in England in | 15 |
relation to— | |
(a) the discharge by the authority of any of its social services functions; | |
(b) the provision of services by another person pursuant to arrangements | |
made by the authority in the discharge of those functions; | |
(c) the provision of services by the authority or any other person in | 20 |
pursuance of arrangements made by the authority under section 31 of | |
the Health Act 1999 (c. 8) in relation to the functions of an NHS body | |
(within the meaning of that section). | |
(2) Regulations under this section may in particular make provision— | |
(a) for circumstances in which a complaint need not be considered; | 25 |
(b) about the procedure to be followed on the making of a complaint and | |
how it is to be considered; | |
(c) for the person or body by whom a complaint is to be considered; | |
(d) requiring the production of information or documents to enable a | |
complaint to be considered; | 30 |
(e) about the action to be taken as the result of a complaint; | |
(f) about the making of a report about a complaint; | |
(g) for a complaint to be referred to another person or body. | |
(3) The provision that may be made under subsection (2)(a) includes in particular | |
provision for a complaint only to be considered if— | 35 |
(a) it is made in the prescribed manner and within the prescribed period; | |
(b) it is made by a person of a prescribed description; | |
(c) it is a complaint of a prescribed description. | |
(4) The provision that may be made under subsection (2)(c) includes in particular | |
provision for a complaint to be considered by — | 40 |
(a) the local authority to whom the complaint is made; | |
(b) the CSCI; | |
(c) a review panel established in the prescribed manner. | |
(5) The provision that may be made under subsection (2)(g) includes in particular | |
provision for a complaint to be referred to the Commission for Local | 45 |
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(5) Government Administration in England, for investigation under Part 3 of the | |
Local Government Act 1974 (c. 7). | |
(6) Regulations under this section may also make provision— | |
(a) for any person in respect of whom a complaint is made to pay to any | |
person or body considering the complaint under this section a fee of | 5 |
such amount as may be specified in, or calculated or determined under, | |
the regulations; | |
(b) for an independent panel to review the amount chargeable under | |
paragraph (a) in any particular case and, if the panel thinks fit, to | |
substitute a lesser amount for that amount. | 10 |
(7) Regulations under this section may— | |
(a) provide for different parts or aspects of a complaint to be treated | |
differently; | |
(b) contain such incidental and supplemental provision as the Secretary of | |
State thinks fit. | 15 |
(8) Regulations under this section may not make provision about representations | |
capable of being considered under section 24D or section 26 of the Children Act | |
1989 (c. 41). | |
(9) Where regulations under this section make provision under subsection (2)(c) or | |
(g) they may also permit the disclosure of information relevant to a complaint | 20 |
notwithstanding any obligation of confidence owed in respect of it. | |
112 Complaints about social services: Wales | |
(1) The Assembly may by regulations make provision about the procedure to be | |
followed where a complaint is made to local authority in Wales about— | |
(a) the discharge by the authority of any of its social services functions; | 25 |
(b) the provision of services by any other person pursuant to arrangements | |
made by the authority in the discharge of those functions; | |
(c) the provision of services by the authority or any other person in | |
pursuance of arrangements made by the authority under section 31 of | |
the Health Act 1999 (c. 8) in relation to the functions of an NHS body | 30 |
(within the meaning of that section). | |
(2) Regulations under this section may in particular make provision— | |
(a) for circumstances in which a complaint need not be considered; | |
(b) about the procedure to be followed on the making of a complaint and | |
how it is to be considered; | 35 |
(c) for the person or body by whom a complaint is to be considered; | |
(d) requiring the production of information or documents to enable a | |
complaint to be considered; | |
(e) about the action to be taken as the result of a complaint; | |
(f) about the making of a report about a complaint; | 40 |
(g) for a complaint to be referred to another person or body. | |
(3) The provision that may be made under subsection (2)(a) includes in particular | |
provision for a complaint only to be considered if— | |
(a) it is made in the prescribed manner and within the prescribed period; | |
(b) it is made by a person of a prescribed description; | 45 |
(c) it is a complaint of a prescribed description. | |
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(4) The provision that may be made under subsection (2)(c) includes in particular | |
provision for a complaint to be considered by — | |
(a) the local authority to whom the complaint is made; | |
(b) a review panel established in the prescribed manner. | |
(5) The provision that may be made under subsection (2)(g) includes in particular | 5 |
provision for a complaint to be referred to the Commission for Local | |
Government Administration in Wales, for investigation under that of that Act. | |
(6) Regulations under this section may also make provision— | |
(a) for any person in respect of whom a complaint is made to pay to any | |
person or body considering the complaint under this section a fee of | 10 |
such amount as may be specified in, or calculated or determined under, | |
the regulations; | |
(b) for an independent panel to review the amount chargeable under | |
paragraph (a) in any particular case and, if the panel thinks fit, to | |
substitute a lesser amount for that amount. | 15 |
(7) Regulations under this section may make provision requiring local authorities | |
to— | |
(a) monitor arrangements made by them for the purpose of ensuring | |
compliance with the regulations; | |
(b) publicise the procedures established by them under the regulations. | 20 |
(8) Regulations under this section may— | |
(a) provide for different parts or aspects of a complaint to be treated | |
differently; | |
(b) contain such incidental and supplemental provision as the Assembly | |
thinks fit. | 25 |
(9) Regulations under this section may not make provision about representations | |
capable of being considered under section 24D or section 26 of the Children Act | |
1989 (c. 41). | |
(10) Where regulations under this section make provision under subsection (2)(c) or | |
(g) they may also permit the disclosure of information relevant to a complaint | 30 |
notwithstanding any obligation of confidence owed in respect of it. | |
113 Complaints under the Children Act 1989 | |
(1) In the Children Act 1989, after section 26 (representations) insert— | |
“26ZA Representations: further consideration | |
(1) The Secretary of State may by regulations make provision for the | 35 |
further consideration of representations which have been considered | |
by a local authority in England under section 24D or section 26. | |
(2) Regulations under this section may in particular make provision— | |
(a) for further consideration of the representation by the | |
Commission for Social Care Inspection (“the CSCI”); | 40 |
(b) about the procedure to be followed on the consideration of a | |
representation under this section; | |
(c) for the CSCI to make recommendations about the action to be | |
taken as the result of a representation; | |
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(d) about the making of reports by the CSCI about a representation; | |
(e) for a representation to be referred by the CSCI back to the local | |
authority concerned for further consideration by the authority; | |
(f) for a representation to be referred by the CSCI to the | |
Commission for Local Government Administration in England | 5 |
for investigation under Part 3 of the Local Government Act 1974 | |
(c. 7); | |
(g) for a representation to be referred by the CSCI to an | |
independent panel established under the regulations. | |
(3) For the purposes of the consideration or referral of a representation | 10 |
under this section, regulations under this section may— | |
(a) require the production of information or documents by any | |
person of a prescribed description; | |
(b) permit the disclosure of information relevant to a complaint | |
notwithstanding any obligation of confidence owed in respect | 15 |
of it. | |
(4) Regulations under this section may also make provision for— | |
(a) any person or body in respect of whom a representation is made | |
to pay to any person or body who considers it under this section | |
a fee of such amount as may be specified in, or calculated or | 20 |
determined under, the regulations; and | |
(b) for an independent panel to review the amount chargeable | |
under paragraph (a) in any particular case and, if the panel | |
thinks fit, to substitute a lesser amount for that amount. | |
(5) Regulations under this section may provide for different parts or | 25 |
aspects of a representation to be treated differently.” | |
(2) In section 26A of that Act (requirement on local authorities to provide | |
assistance for persons making representations under sections 24D and section | |
26), after subsection (2) insert— | |
“(2A) The duty under subsection (1) includes a duty to make arrangements | 30 |
for the provision of assistance where representations under section 24D | |
or 26 are further considered under section 26ZA”. | |
Complaints: supplementary | |
114 Complaints about handling of complaints | |
In section 3 of the Health Service Commissioners Act 1993 (c. 46) (remit of | 35 |
Commissioners), after subsection (1D) insert— | |
“(1E) Where a complaint is duly made to a Commissioner by or on behalf of | |
a person that the person has sustained injustice or hardship in | |
consequence of maladministration by— | |
(a) the Commission for Healthcare Audit and Inspection, or an | 40 |
independent panel, in the exercise of any function conferred on | |
it under section 109 of the Health and Social Care (Community | |
Health and Standards) Act 2003, or | |
(b) an independent lay person or panel in the exercise of any | |
function conferred on him or it under section 110 of that Act, | 45 |
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