The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009

Duty to handle complaints E+W

6.—(1) This regulation applies to a complaint made on or after 1st April 2009 in accordance with these Regulations to—

(a) a local authority about the exercise by the local authority of the following functions—

(i) its social services functions; or

(ii) any function discharged or to be discharged by it under arrangements made between it and an NHS body under section 75 of the 2006 Act in relation to the functions of an NHS body;

(b) an NHS body about—

(i) the exercise of its functions; or

(ii) the exercise of any function discharged or to be discharged by it under arrangements made between it and a local authority under section 75 of the 2006 Act in relation to the exercise of the health-related functions of a local authority;

[F1 (ba) [F2 an integrated care board] or [F3 NHS England] about the exercise by it of any functions ][F4 in accordance with—

(i) arrangements made under section 7A of the 2006 Act;

(ii) directions given to it under section 7B of the 2006 Act;]

(c) a primary care provider about the provision of services by it under arrangements with an NHS body; or

(d) an independent provider about the provision of services by it under arrangements with an NHS body.

[F5 (1ZA) This regulation also applies, subject to paragraph (1ZB), to a complaint made on or after 1st April 2019 in accordance with these Regulations to—

(a) an independent sub-contractor about the provision of services by it on behalf of an independent provider pursuant to arrangements between the provider and an NHS body;

(b) an integrated care provider about the provision of services by it under an integrated care provider contract with one or more [F2 integrated care boards] or [F3 NHS England]; or

(c) an integrated care sub-contractor about the provision of services by it on behalf of an integrated care provider in so far as those services are provided in performance of an integrated care provider contract with one or more [F2 integrated care boards] or [F3 NHS England].

(1ZB) Sub-paragraphs (b) and (c) of paragraph (1ZA) do not apply to a complaint about the provision of adult social care services.]

[F6 (1A) This regulation also applies to a complaint made on or after 1st September 2009 in accordance with these Regulations to a local authority where—

(a) the local authority has made arrangements with a person for the discharge of a relevant function; and

[F7 (b) the complaint relates to the provision of services pursuant to those arrangements.]

(1B) In paragraph (1A), “relevant function” means—

(a) any of the local authority’s social services functions; or

(b) any function to be discharged by the local authority under arrangements specified in paragraph (1)(a)(ii).]

(2) This regulation does not apply to a complaint specified in regulation 8(1).

(3) In paragraph (1)(a)(ii), “NHS body” has the meaning given in section 28 of the 2006 Act, but does not include a Special Health Authority.

(4) Where this regulation applies to a complaint, the responsible body to which the complaint is made must handle the complaint in accordance with these Regulations.

(5) This paragraph applies where—

(a) a responsible body (“the first body”) receives a complaint on or after 1st April 2009;

(b) it appears to the first body that the complaint, if it had been made to another responsible body (“the second body”), would be a complaint which would fall to be handled in accordance with these Regulations by the second body; and

(c) the first body sends the complaint to the second body.

(6) Where paragraph (5) applies, the complainant is deemed to have made the complaint to the second body under these Regulations.

Textual Amendments

F1 Reg. 6(1)(ba) inserted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 123(3) (with Sch. 3 paras. 18, 19, 20)

F2 Words in Regulations substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1(1)(3) (with Sch. para. 1(2))

F3 Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

F4 Words in reg. 6(1)(ba) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 187(2)

F5 Reg. 6(1ZA)(1ZB) inserted (1.4.2019) by The Amendments Relating to the Provision of Integrated Care Regulations 2019 (S.I. 2019/248), regs. 1(1), 10(2)

F6 Reg. 6(1A)(1B) inserted (1.9.2009) by The Local Authority Social Services and National Health Service Complaints (England) (Amendment) Regulations 2009 (S.I. 2009/1768), regs. 1(2), 3

F7 Reg. 6(1A)(b) substituted (1.4.2019) by The Amendments Relating to the Provision of Integrated Care Regulations 2019 (S.I. 2019/248), regs. 1(1), 10(3) (with reg. 34(3))

Commencement Information

I1 Reg. 6 in force at 1.4.2009, see reg. 1(2)