Regulation 20 ResponseI1

England and Wales

(1)

The local authority must within 25 working days of the “start date” as defined in paragraph (2) send the person making the representation a written response which—

(a)

summarises the nature and substance of the representation;

(b)

describes the investigation undertaken in accordance with regulation 18(4)(b);

(c)

where appropriate, contains an apology;

(d)

identifies what action, if any, will be taken in light of the outcome of the investigation;

(e)

contains details of the right to complain to the Public Services Ombudsman for Wales;

(f)

offers the person making the representation the opportunity to discuss the contents of the response with the complaints officer or a person acting on his or her behalf; and

(g)

is signed by the Director of Social Services or a person acting on that person’s behalf.

(2)

For the purposes of this regulation, the “start date” means the date on which the local authority produces the final written record of the representation in accordance with regulations 18(2) or 18(3).

(3)

If exceptional circumstances mean that the local authority is not able to provide a response in accordance with the time limit in paragraph (1) then it must—

(a)

notify the person making the representation accordingly and explain the reason why; and

(b)

send the response as soon as reasonably practicable and within 6 months beginning on the day upon which it received the representation.

(4)

Copies of the response prepared in accordance with paragraph (1) must be sent to—

(a)

any advocate appointed on behalf of the person making the representation;

(b)

the independent person appointed under regulation 19; and

(c)

any person who was the subject of the representation.

Annotations

Commencement

I1: Reg. 20 in force at 1.8.2014, see reg. 1(1)