(This note is not part of the Regulations)
These Regulations amend the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 (“the Complaints Regulations”), which make provision for complaints in relation to local authority adult social services and the National Health Service.
Regulation 2 of these Regulations changes the date on which regulation 10 of the Complaints Regulations ceases to be in force, and the date on which regulation 11 of those Regulations comes into force, from 1st April 2010 to 1st October 2010. Regulations 10 and 11 of the Complaints Regulations make provision for disclosure and co-operation by local authorities considering a complaint relating to certain care services. The current registration arrangements in respect of the care services concerned, referred to in regulation 10 of the Complaints Regulations, are to be replaced by new arrangements under the Health and Social Care Act 2008. Consequential changes are made to the date on which regulation 2(2) of those Regulations ceases to be in force, and regulation 2(3) of those Regulations comes into force.
Regulation 3 extends the duty of local authorities to handle complaints under the Complaints Regulations, so as to include complaints where the local authority has made arrangements with another person for the discharge of its adult social services functions or certain other functions.
Regulation 4 amends regulation 8 of the Complaints Regulations. Regulation 8(1) specifies the types of complaint that are not required to be dealt with in accordance with the Complaints Regulations. Regulation 4 removes the specific provision made by regulation 8(2) of those Regulations as to the circumstances in which a body is not required to consider the complaint. Regulation 8(2) of those Regulations is also amended so that the requirement to notify a complainant that the complaint is of a type that is not required to be dealt with in accordance with the Complaints Regulations arises where (a) a complaint is a complaint specified in regulation 8(1) (other than regulation 8(1)(c)), and (b) the body responsible for handling complaints under the Regulations makes a decision to that effect.
An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.