(1)The Secretary of State may by order require local authorities to establish a procedure for considering any representations (including any complaints) which are made to them by a qualifying individual, or anyone acting on his behalf, in relation to the discharge of, or any failure to discharge, any of their social services functions in respect of that individual.
(2)In relation to a particular local authority, an individual is a qualifying individual for the purposes of subsection (1) above if—
(a)the authority have a power or a duty to provide, or to secure the provision of, a service for him; and
(b)his need or possible need for such a service has (by whatever means) come to the attention of the authority [F2or if he is in receipt of direct payments within the meaning of section 57 of the Health and Social Care Act 2001.].
(3)A local authority shall comply with any directions given by the Secretary of State as to the procedure to be adopted in considering representations made as mentioned in subsection (1) above and as to the taking of such action as may be necessary in consquence of such representations.
(4)Local authorities shall give such publicity to any procedure established pursuant to this section as they consider appropriate.
Textual Amendments
F1Ss. 7A-7E inserted by National Health Service and Community Care Act 1990 (c. 19,SIF 113:2), s. 50
F2Words in s. 7B(2) substituted (8.4.2003 for E. and 1.11.2004 for W.) by 2001 c. 15, ss. 67, 70(2), Sch. 5 Pt. 2 para. 15(2) (with ss. 64(9), 65(4)); S.I. 2003/850, art. 3(2);S.I. 2004/1754, art. 2(2)(d)(i)