# The Public Services Reform (Social Work Complaints Procedure) (Scotland) Order 2016, Article 3: Amendment of the Scottish Public Services Ombudsman Act 2002


In section 7 (matters which may be investigated: restrictions), before subsection (3) insert—
“(2C) Subsection (1) does not apply to the merits of a decision taken by or on behalf of a person mentioned in subsection (2D) in pursuance of a social work function to the extent that the decision was taken in consequence of the exercise of the professional judgment of the social worker or other person discharging the function.
(2D) The persons are—
(a) a local authority, or
(b) the holder of an office established by or under any enactment to which appointments are made by a local authority.
(2E) In subsection (2C), “social work function” means a function conferred by or under—
(a) the Social Work (Scotland) Act 1968,
(b) an enactment mentioned in section 5(1B) of that Act, or
(c) an enactment listed in the schedule to the Public Bodies (Joint Working) (Scotland) Act 2014.”.

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Source: https://www.legislation.gov.uk/sdsi/2016/9780111031025/article/3 (the official version)
Page: https://openlegislation.uk/draft-public-services-reform-social-work-complaints-procedure-scotland-order-2016/article-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.