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

Responsibility for complaints arrangements

4.—(1) Each responsible body must designate—

(a) a person, in these Regulations referred to as a responsible person, to be responsible for ensuring compliance with the arrangements made under these Regulations, and in particular ensuring that action is taken if necessary in the light of the outcome of a complaint; and

(b) a person, in these Regulations referred to as a complaints manager, to be responsible for managing the procedures for handling and considering complaints in accordance with the arrangements made under these Regulations.

(2) The functions of the responsible person may be performed by any person authorised by the responsible body to act on behalf of the responsible person.

(3) The functions of the complaints manager may be performed by any person authorised by the responsible body to act on behalf of the complaints manager.

(4) The responsible person is to be—

(a) in the case of a local authority or NHS body, the person who acts as the chief executive officer of the authority or body;

(b) in the case of any other responsible body, the person who acts as the chief executive officer of the body or, if none—

(i) the person who is the sole proprietor of the responsible body;

(ii) where the responsible body is a partnership, a partner; or

(iii) in any other case, a director of the responsible body, or a person who is responsible for managing the responsible body.

(5) The complaints manager may be—

(a) a person who is not an employee of the responsible body;

(b) the same person as the responsible person;

(c) a complaints manager designated by another responsible body under paragraph (1)(b).