F1Part 3AInvestigation of complaints about privately arranged or funded adult social care
Statements etc. about investigations
34LLaw of defamation
1
For the purposes of the law of defamation the following are absolutely privileged—
a
the publication of any matter in communications between an adult social care provider and a Local Commissioner, or any person discharging or assisting in the discharge of a function of a Local Commissioner, for the purposes of this Part;
b
the publication of any matter by a Local Commissioner or by any person discharging or assisting in the discharge of a function of a Local Commissioner, in communicating for the purposes of this Part with a person mentioned in subsection (2);
c
the publication of any matter in preparing, making and sending a statement in accordance with section 34H;
d
the publication of any matter by inclusion in an adverse findings notice published in accordance with section 34I(3), (4) and (5) or (6);
e
the publication of any matter by inclusion in a statement, adverse findings notice or summary published or supplied under section 34J;
f
the publication of any matter contained in a report by a Local Commissioner which has been made available to the public, being publication by inclusion in a report made or published under section 34S.
2
The persons mentioned in subsection (1)(b) are—
a
a complainant or the person affected in relation to a matter;
b
the Parliamentary Commissioner, the Health Service Commissioner or any officer of either such Commissioner;
c
the Care Quality Commission or any officer of that Commission;
d
a local authority.
Pt. 3A inserted (1.10.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 5 para. 2; S.I. 2010/1863, art. 2