# The Social Services Complaints Procedure (Wales) Regulations 2014, Regulation 9: Persons who may make complaints

Extent: E+W

(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; 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 in relation to the functions of an NHS body (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; 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.

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Source: https://www.legislation.gov.uk/wsi/2014/1794/regulation/9 (the official version)
Page: https://openlegislation.uk/social-services-complaints-procedure-wales-regulations-2014/regulation-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.