Regulation 9 Persons who may make complaintsI1

England and Wales

(1)

A complaint may be made by any person—

(a)

(i)

in relation to whom the local authority has or had a power or duty to provide, or secure the provision of, a service in exercise of a social service function^f1; and

(ii)

whose need, or possible need for a service has (by whatever means) come to the attention of the local authority; or

(b)

to whom the local authority provides or has failed to provide a service under arrangements made under section 33 of the National Health Service (Wales) Act 2006^f2 in relation to the functions of an NHS body^f3 (within the meaning of that section).

(2)

A complaint may be made by a person (“a representative”) acting on behalf of a person mentioned in paragraph (1) in any case where the person so mentioned—

(a)

is a child; or

(b)

has requested the representative to act; or

(c)

lacks capacity within the meaning of the Mental Capacity Act 2005^f4; or

(d)

has died.

(3)

A child means a person under the age of 18.

(4)

Any representative making a complaint under paragraph (2) must, in the opinion of the local authority have, or have had, an interest in the person’s welfare and be a suitable person to act as a representative.

(5)

If in any case the local authority is of the opinion that any person making the complaint under paragraph (2) does not have sufficient interest in the person’s welfare or is not a suitable person to act as representative, the authority must notify the person in writing, stating the reasons for that opinion.

(6)

Where notification is given under paragraph (5) and the person referred to in paragraph (1) in respect of whom the complaint has been made is alive the local authority must, if it considers it appropriate to do so having regard to the understanding of the person referred to in paragraph (1), provide that person with a copy of the notification.

Annotations

Commencement

I1: Reg. 9 in force at 1.8.2014, see reg. 1(1)

Footnotes

f1: “Social services functions” are defined in section 148 of the Health and Social Care (Community Health and Standards) Act 2003 by reference to the Local Authority Social Services Act 1970 c.42 (see section 1A and Schedule 1).
f2: 2006 c.42. Section 114(3)(c) of the Health and Social Care (Community Health and Standards)Act 2003 makes reference to section 31 of the Health Act 1999 c.8 (“the 1999 Act”). Section 31 of the 1999 Act has been repealed by the National Health Service (Consequential Provisions) Act 2006 c.43 (“the 2006 Act”), see section 6 of Schedule 4.The provision has been re-enacted in section 33 of the National Health Service (Wales) Act 2006. Note the effect of section 4, Schedule 2, paragraph 1 of the 2006 Act which provides for continuity of the law in the case of re-enacted provisions.
f3: For the meaning of NHS body see section 148 of the Health and Social Care (Community Health and Standards) Act 2003.
f4: 2005 c.9.