Complaints about the provision of health servicesI17

1

This regulation applies to a complaint which is—

a

made to F1F15an integrated care board or F24NHS England in accordance with these Regulations on or after F21st April 2013;

b

about the services provided by a provider under arrangements with the F3F16integrated care board or F25NHS England; and

c

not specified in regulation 8(1).

F111A

This regulation also applies to a complaint which is—

a

made to F15an integrated care board or F24NHS England in accordance with these Regulations on or after 1st April 2019;

b

subject to paragraph (1B), about the services provided by—

i

an independent sub-contractor on behalf of an independent provider pursuant to arrangements between that provider and the F21integrated care board or F30NHS England;

ii

an integrated care provider under an integrated care provider contract with the F22integrated care board or F30NHS England; or

iii

an integrated care sub-contractor on behalf of an integrated care provider in so far as those services are provided in performance of an integrated care provider contract with the F23integrated care board or F30NHS England; and

c

not specified in regulation 8(1).

1B

paragraphs (ii) and (iii) of sub-paragraph (b) of paragraph (1A) do not apply to a complaint about adult social care services.

2

In this regulation F13, except in paragraph (1A), “provider” means an NHS body, primary care provider or independent provider.

3

Where F4F15an integrated care board or F24NHS England receives a complaint to which this regulation applies—

a

the F5F17integrated care board or F26NHS England must ask the complainant whether the complainant consents to details of the complaint being sent to the provider F14or other responsible body to which the complaint relates; and

b

if the complainant so consents, the F6F18integrated care board or F27NHS England must as soon as reasonably practicable send details of the complaint to the provider F14or other responsible body to which the complaint relates.

4

If the F7F15integrated care board or F24NHS England considers that it is appropriate for F19the integrated care boardF8 or F28NHS England to deal with the complaint—

a

it must so notify the complainant and the provider F14or other responsible body to which the complaint relates; and

b

it must continue to handle the complaint in accordance with these Regulations.

5

If the F9F15integrated care board or F24NHS England considers that it is more appropriate for the complaint to be dealt with by the provider F14or other responsible body to which the complaint relates, and the complainant consents—

a

the F10F20integrated care board or F29NHS England must so notify the complainant and the provider F14or other responsible body to which the complaint relates;

b

when the provider F14or other responsible body to which the complaint relates receives the notification given to it under sub-paragraph (a)—

i

the provider F14or other responsible body to which the complaint relates must handle the complaint in accordance with these Regulations; and

ii

the complainant is deemed to have made the complaint to the provider F14or other responsible body to which the complaint relates under these Regulations.

F126

For the purposes of paragraphs (3) to (5), a complaint relates to a responsible body if it relates to the provision of services by that body as referred to in paragraph (1A)(b).