F1Part 3AInvestigation of complaints about privately arranged or funded adult social care

Annotations:
Amendments (Textual)

General

34QArrangements etc. to be made by Commission

1

The Commission must—

a

divide the matters which may be investigated under this Part into such categories as it considers appropriate, and

b

allocate, or make arrangements for allocating, responsibility for each category of matter to one or more of the Local Commissioners.

2

The Commission—

a

must make arrangements for Local Commissioners to deal with matters for which they do not have responsibility pursuant to subsection (1), and

b

must publish information about the procedures for making complaints under this Part.

34RReview, recommendations, advice and guidance

1

In each financial year in which the Commission conducts a review under section 23(12), it must also review the operation (since the last review was made under this subsection) of the provisions of this Part about the investigation of matters.

2

The Commission may convey to government departments and the Care Quality Commission any recommendations or conclusions reached in the course of a review under subsection (1).

3

The Commission may—

a

provide to adult social care providers or any adult social care provider such advice and guidance about good practice as appears to the Commission to be appropriate, and

b

arrange for the advice and guidance to be published for the information of the public.

4

Before providing advice or guidance under subsection (3) the Commission must consult such persons as appear to it to be appropriate.

34SAnnual reports

1

Every Local Commissioner must for each financial year—

a

prepare a general report on the discharge of the Local Commissioner's functions under this Part, and

b

submit it to the Commission not later than 2 months after the end of the year to which it relates.

2

The Commission must for each financial year prepare a general report on the discharge of its functions under this Part (the “Part 3A annual report”).

3

The Part 3A annual report must be prepared as soon as may be after the Commission has received the reports for the year from Local Commissioners under subsection (1).

4

The Commission must arrange for the publication of—

a

the Part 3A annual report, and

b

the reports which are submitted under subsection (1).

5

The Commission must lay a copy of the Part 3A annual report before Parliament.

34TInterpretation of Part 3A

1

In this Part—

  • “adult social care” and “adult social care provider” have the meanings given by section 34A;

  • Health Service Commissioner” means the Health Service Commissioner for England;

  • the HSCA 1993” means the Health Service Commissioners Act 1993;

  • the PCA 1967” means the Parliamentary Commissioner Act 1967;

  • “person affected”—

    1. a

      in relation to a matter which is the subject of a complaint made or to be made under this Part, means a member of the public who claims or is alleged to have sustained injustice in consequence of the matter, and

    2. b

      in relation to a matter coming to the attention of a Local Commissioner to which section 34E applies, means the member of the public who the Local Commissioner considers has, or may have, sustained injustice in consequence of the matter;

  • the PSOWA 2005” means the Public Services Ombudsman (Wales) Act 2005;

  • F2the PSOWA 2019” means the Public Services Ombudsman (Wales) Act 2019,

  • the SPSOA 2002” means the Scottish Public Services Ombudsman Act 2002.

2

The following terms have the same meaning in this Part as they have in Part 3—

a

action (and other expressions connoting action) (see section 34);

b

the Commission (see section 34);

c

local authority (see section 34);

d

Local Commissioner (see section 23(3));

e

Parliamentary Commissioner (see section 34).

3

Section 34(1A) applies for the purposes of this Part as it applies for the purposes of Part 3.