{
  "url": "https://openlegislation.uk/local-authority-social-services-complaints-england-regulations-2006/regulation-5",
  "json_url": "https://openlegislation.uk/local-authority-social-services-complaints-england-regulations-2006/regulation-5.json",
  "legislation": "uksi/2006/1681",
  "legislation_title": "The Local Authority Social Services Complaints (England) Regulations 2006",
  "legislation_url": "https://openlegislation.uk/local-authority-social-services-complaints-england-regulations-2006",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Extent to which complaints shall not be considered",
  "text": "(1) A complaint shall not be considered, or further considered, under these Regulations to the extent that—\n(a) it has been withdrawn by the complainant;\n(b) it repeats a complaint which was subject to these Regulations or, unless regulations 20 or 21 apply, a complaints procedure under section 7B of the Local Authority Social Services Act 1970;\n(c) it has been investigated by a Local Commissioner under section 26(1) of the Local Government Act 1974;\n(d) it is a care standards complaint;\n(e) it is unclear;\n(f) it is frivolous or vexatious;\n(g) the complainant has stated in writing that he intends to take legal proceedings in relation to the substance of the complaint;\n(h) the local authority is taking disciplinary proceedings in relation to the substance of the complaint against a person who is the subject of the complaint;\n(i) the local authority has been notified that criminal proceedings have been commenced in relation to the substance of the complaint; or\n(j) the local authority has been notified that proceedings have been commenced under section 59 of the Care Standards Act 2000 in relation to the substance of the complaint.\n(2) Subject to paragraph (3), a complaint shall not be considered under these Regulations to the extent that it is about the discharge of, or the failure to discharge, a relevant function more than one year before the date on which the local authority received the complaint.\n(3) Paragraph (2) shall not apply where the local authority is satisfied that—\n(a) it would not be reasonable to expect the complaint to have been made earlier than it was made; and\n(b) notwithstanding the delay, it is still possible to consider the complaint effectively and fairly.\n(4) A complaint shall not be considered or further considered under these Regulations where—\n(a) the complaint is made by a person to whom regulation 4(2)(b) applies; and\n(b) the local authority in respect of whom the complaint is made is satisfied that the complainant is not conducting the complaint in the best interests of the person on whose behalf he is making the complaint.\n(5) Where a local authority decides not to consider a complaint or any element of a complaint by virtue of this regulation, it must notify the complainant of the extent to which the complaint will not be considered and the reason why.\n(6) Where any complaint contains a matter which makes the complaint subject to this regulation, nothing in this regulation prevents any other matter that may be contained in that complaint, which is not subject to this regulation, being considered in accordance with these Regulations.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 7B was inserted by section 50 of the National Health Service and Community Care Act 1990 (c. 19), amended by the Health and Social Care Act 2001 (c. 15), Schedule 5, paragraph 15(2) and repealed by the 2003 Act, Schedule 14."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1974 c. 7."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "2000 c14 which was brought into force insofar as it relates to the General Social Care Council on 10th April 2001 by S.I. 2001/1536 and was brought into force for all other purposes on 7th March 2003 by S.I.2003/933."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2006/1681/regulation/5",
    "retrieved_at": "2026-10-29T04:26:53.165751+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}