Regulation 4 Insertion of new regulations 3A and 3B into the Principal Regulations

After regulation 3 (arrangements for the handling and consideration of complaints) of the Principal Regulations, insert—

“Complaints made to an NHS body relating in part to a local authority

3A

(1)

Paragraph (2) applies where it appears to an NHS body considering a complaint made in accordance with regulation 9 on or after 1st September 2006 that the complaint contains material which, had the complainant sent it to a local authority, would be a complaint which would fall to be handled by that authority under the Social Services Complaints Regulations.

(2)

The NHS body must, as regards that part of the complaint which would appear to be a complaint for the purposes of the Social Services Complaints Regulations (“the local authority complaint”)—

(a)

within 10 working days of receipt of the complaint, ask the complainant whether he wishes details of the local authority complaint to be sent to the local authority to which it relates; and

(b)

if the complainant does so wish, send details of the local authority complaint to that local authority as soon as reasonably practicable.

(3)

In the case of a complaint to which paragraph (2) applies, the NHS body must notify the complainant—

(a)

which part of the complaint will be handled in accordance with the procedure described in these Regulations; and

(b)

in a case where it has sent details of the local authority complaint to the local authority, that it has sent such details.

(4)

Where a local authority handles a complaint under the Social Services Complaints Regulations in consequence of having been sent details under paragraph (2)(b), the local authority and the NHS body must cooperate with a view to the complainant receiving a coordinated response to his complaint.

(5)

The duty to cooperate in paragraph (4) 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.

(6)

Where a complaint is referred to a local authority in accordance with paragraph (2)(b) the complainant shall be deemed to have made a complaint under regulation 3 (duty to deal with complaints) of the Social Services Complaints Regulations for the purposes of those Regulations.

Complaints made to an NHS body relating only to a local authority

3B

(1)

Where an NHS body receives a complaint on or after 1st September 2006 which does not fall within regulation 6 and it appears to the NHS body that the complaint contains material which, had the complainant sent it to a local authority, would be a complaint which would fall to be handled by that body under the Social Services Complaints 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 local authority to which it relates; and

(b)

if the complainant does so wish, send that material to that local authority as soon as reasonably practicable.

(2)

Where a complaint is referred to a local authority in accordance with paragraph (1) the complainant shall be deemed to have made a complaint under regulation 3 (duty to deal with complaints) of the Social Services Complaints Regulations for the purposes of those Regulations.”.