# The Local Authority Social Services Complaints (England) Regulations 2006, Regulation 15: Complaints made to a local authority about an NHS body


(1) In this regulation—
“the 2004 Regulations” means the National Health Service (Complaints) Regulations 2004; and
“NHS body” has the same meaning as in regulation 2(1) of the 2004 Regulations.
(2) Paragraph (3) applies where it appears to a local authority considering a complaint which falls within regulation 3 that the complaint contains material which, had the complainant sent it to an NHS body, would be a complaint which would fall to be handled by that body under the 2004 Regulations.
(3) The local authority must, as regards that part of the complaint which would appear to it be a complaint for the purposes of the 2004 Regulations (“the NHS complaint”)—
(a) within 10 working days of receipt of the complaint, ask the complainant whether he wishes details of the NHS complaint to be sent to the NHS body to which it relates; and
(b) if the complainant does so wish, send details of the NHS complaint to that NHS body as soon as reasonably practicable.
(4) In the case of a complaint to which paragraph (3) applies, the local authority must notify the complainant—
(i) which part of the complaint will be handled in accordance with the procedure described in these Regulations; and
(ii) in a case where it has sent details of the NHS complaint to the NHS body, that it has sent such details.
(5) Where an NHS body handles a complaint under the 2004 Regulations in consequence of having been sent details under paragraph (3)(b), the NHS body and the local authority must cooperate with a view to the complainant receiving a coordinated response to his complaint.
(6) The duty to cooperate in paragraph (5) includes, in particular, a duty to—
(a) provide information relevant to the consideration of a complaint which is reasonably requested;
(b) attend any meeting reasonably required in connection with the consideration of a complaint; and
(c) seek to agree which of the two bodies should take the lead in—
(i) coordinating the handling of the complaints against them, and
(ii) dealing with the complainant.
(7) Where a local authority receives a complaint on or after 1st September 2006 which is not about the discharge of, or the failure to discharge, a relevant function and it appears to the local authority that the complaint contains material which, had the complainant sent it to an NHS body, would be a complaint which would fall to be handled by that body under the 2004 Regulations, it must—
(a) within 5 working days of receipt of the complaint, ask the complainant whether he wishes that material to be sent to the NHS body to which it relates; and
(b) if the complainant does so wish, send that material to that NHS body as soon as reasonably practicable.
(8) Where a complaint is referred to an NHS body in accordance with paragraph (3) or (7), the complainant shall be deemed to have made a complaint under regulation 9 of the 2004 Regulations (making of a complaint) for the purposes of those Regulations.

---
Source: https://www.legislation.gov.uk/uksi/2006/1681/regulation/15 (the official version)
Page: https://openlegislation.uk/local-authority-social-services-complaints-england-regulations-2006/regulation-15
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.