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(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; | 5 |
(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— | 10 |
(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 — | 15 |
(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 | 20 |
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 | 25 |
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. | 30 |
(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. | 35 |
(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 | 40 |
notwithstanding any obligation of confidence owed in respect of it. | |
110 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; | 45 |
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(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 | 5 |
(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; | 10 |
(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; | 15 |
(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; | 20 |
(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 — | |
(a) the local authority to whom the complaint is made; | |
(b) a review panel established in the prescribed manner. | 25 |
(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 | |
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 | 30 |
person or body considering the complaint under this section a fee of | |
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 | 35 |
substitute a lesser amount for that amount. | |
(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; | 40 |
(b) publicise the procedures established by them under the regulations. | |
(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 | 45 |
thinks fit. | |
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(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 | 5 |
notwithstanding any obligation of confidence owed in respect of it. | |
111 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 | 10 |
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”); | 15 |
(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; | |
(d) about the making of reports by the CSCI about a representation; | 20 |
(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 | |
for investigation under Part 3 of the Local Government Act 1974 | 25 |
(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 | |
under this section, regulations under this section may— | 30 |
(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 | |
of it. | 35 |
(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 | |
determined under, the regulations; and | 40 |
(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 | |
aspects of a representation to be treated differently.” | 45 |
(2) In section 26A of that Act (requirement on local authorities to provide | |
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assistance for persons making representations under section 24D and section | |
26), after subsection (2) insert— | |
“(2A) The duty under subsection (1) includes a duty to make arrangements | |
for the provision of assistance where representations under section 24D | |
or 26 are further considered under section 26ZA”. | 5 |
Complaints: supplementary | |
112 Complaints about handling of complaints | |
In section 3 of the Health Service Commissioners Act 1993 (c. 46) (remit of | |
Commissioners), after subsection (1D) insert— | |
“(1E) Where a complaint is duly made to a Commissioner by or on behalf of | 10 |
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 | |
independent panel, in the exercise of any function conferred on | |
it under section 107 of the Health and Social Care (Community | 15 |
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 108 of that Act, | |
the Commissioner may, subject to the provisions of this Act, investigate | |
the alleged maladministration.” | 20 |
113 Complaints: data protection | |
In section 31 of the Data Protection Act 1998 (c. 29) (regulatory activity) at the | |
end there is inserted— | |
“(6) Personal data processed for the purpose of the function of considering | |
a complaint under section 107, 108, 109 or 110 of the Health and Social | 25 |
Care (Community Health and Standards) Act 2003, or sections 24D, 26 | |
or 26ZA of the Children Act 1989, are exempt from the subject | |
information provisions in any case to the extent to which the | |
application of those provisions to the data would be likely to prejudice | |
the proper discharge of that function.” | 30 |
Chapter 10 | |
Supplementary and general | |
Joint working | |
114 Co-operation etc | |
(1) The CHAI and the CSCI must co-operate with each other where it seems to | 35 |
them appropriate to do so for the efficient and effective discharge of their | |
respective functions. | |
(2) The CHAI and the CSCI must, in prescribed circumstances, consult each other | |
in relation to the proposed exercise of their functions. | |
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(3) The CHAI and the CSCI may each delegate to the other any of its functions to | |
be exercised by the other on its behalf. | |
(4) The CHAI and the CSCI may, subject to such conditions as may be prescribed, | |
enter into arrangements for the pooling of financial resources whenever they | |
consider it appropriate to do so. | 5 |
115 Reviews and investigations | |
(1) The CHAI and the CSCI may exercise any of their powers to conduct reviews | |
and investigations under this Part in conjunction with each other. | |
(2) The CHAI may conduct a review or investigation under this Part, or undertake | |
a study under section 53, in conjunction with a review, investigation or study | 10 |
relating to any functions of an NHS body, or to any health care provided by or | |
for an NHS body, which is being conducted by any other public authority. | |
(3) The CSCI may conduct a review or investigation under this Part, or a study | |
under section 76 in conjunction with a review, investigation or study relating | |
to any other functions of a local authority which is being conducted by any | 15 |
other public authority. | |
(4) Where a review, investigation or study is being conducted by the CHAI in | |
conjunction with any other authority pursuant to this section, any report which | |
under this Part the CHAI is required to publish in relation to the review, | |
investigation or study may consist of a joint report by the CHAI and the other | 20 |
authority as to all the matters being investigated by both of them. | |
(5) Where a review, investigation or study is being conducted by the CSCI in | |
conjunction with any other authority pursuant to this section, any report which | |
under this Part the CSCI is required to publish in relation to the review, | |
investigation or study may consist of a joint report by the CSCI and the other | 25 |
authority as to all the matters being investigated by both of them. | |
(6) This section is without prejudice to any other powers of the CHAI or the CSCI. | |
116 Power to assist | |
(1) The CHAI or the CSCI may if it thinks it appropriate to do so provide | |
assistance to any other public body in the United Kingdom for the purpose of | 30 |
the exercise by that body of its functions. | |
(2) The CHAI may if it thinks it appropriate to do so provide assistance to the | |
regulator for the purpose of the exercise of the regulator’s functions. | |
(3) Assistance provided by the CHAI or the CSCI under this section may be | |
provided on such terms, including terms as to payment, as it thinks fit. | 35 |
Arrangements with public authorities | |
117 Arrangements with Ministers etc: CHAI | |
(1) Arrangements may be made between the CHAI and a Minister of the Crown — | |
(a) for the CHAI to perform any of its functions in relation to any | |
prescribed health scheme for which the Minister has responsibility; or | 40 |
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(b) for the CHAI to provide services or facilities in so far as they are | |
required by the Minister in connection with any such health scheme. | |
(2) Arrangements may be made between the CHAI and a Northern Ireland | |
Minister— | |
(a) for the CHAI to perform on behalf of the Minister any functions of the | 5 |
Minister which— | |
(i) correspond to any functions of the CHAI; and | |
(ii) relate to the Northern Irish health service; | |
(b) for the CHAI to provide services or facilities in so far as they are | |
required by the Minister in connection with the exercise by him of any | 10 |
such functions. | |
(3) Arrangements under this section may be made on such terms and conditions | |
as may be agreed between the parties to the arrangements. | |
(4) Those terms and conditions may include provision with respect to the making | |
of payments to the CHAI in respect of the cost to it of performing or providing | 15 |
any functions, services or facilities under the arrangements. | |
(5) Any arrangements under subsection (2)(a) are not to affect the responsibility of | |
the Northern Ireland Minister on whose behalf any functions are exercised. | |
(6) In this section— | |
“health scheme” means any scheme which appears to the Secretary of | 20 |
State to be a health or medical scheme paid for out of public funds; | |
“Northern Ireland Minister” includes the First Minister, the deputy First | |
Minister and a Northern Ireland department; | |
“Northern Irish health service” means any of the health services under | |
any enactment which extends to Northern Ireland and which | 25 |
corresponds to section 1(1) of the 1977 Act. | |
118 Arrangements with Ministers etc: CSCI | |
(1) Arrangements may be made between the CSCI and a Minister of the Crown— | |
(a) for the CSCI to advise the Minister with respect to the provision of any | |
services for which the Minister has responsibility which are similar to | 30 |
English local authority social services; or | |
(b) for the CSCI to review, and conduct inspections in relation to, the | |
provision of any such services. | |
(2) Arrangements may be made between the CSCI and a Northern Ireland | |
Minister for the CSCI to advise and assist the Northern Ireland Minister with | 35 |
respect to the provision of any services for which the Minister has | |
responsibility which are similar to English local authority social services. | |
(3) Arrangements under this section may be made on such terms and conditions | |
as may be agreed between the parties to the arrangements. | |
(4) Those terms and conditions may include provision with respect to the making | 40 |
of payments to the CSCI in respect of the cost to it of performing or providing | |
any functions, services or facilities under the arrangements. | |
(5) In this section “Northern Ireland Minister” has the same meaning as in section | |
117. | |
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