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

Changes to legislation:

There are currently no known outstanding effects for the The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009, Section 7.

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Complaints about the provision of health servicesE+W

This section has no associated Explanatory Memorandum

7.—(1) This regulation applies to a complaint which is—

(a)made to [F1[F2an integrated care board] or [F3NHS England]] in accordance with these Regulations on or after [F41st April 2013];

(b)about the services provided by a provider under arrangements with the [F5[F6integrated care board] or [F7NHS England]]; and

(c)not specified in regulation 8(1).

[F8(1A) This regulation also applies to a complaint which is—

(a)made to [F2an integrated care board] or [F3NHS 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 [F9integrated care board] or [F10NHS England];

(ii)an integrated care provider under an integrated care provider contract with the [F11integrated care board] or [F10NHS 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 [F12integrated care board] or [F10NHS 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 [F14[F2an integrated care board] or [F3NHS England]] receives a complaint to which this regulation applies—

(a)the [F15[F16integrated care board] or [F17NHS England]] must ask the complainant whether the complainant consents to details of the complaint being sent to the provider [F18or other responsible body to which the complaint relates]; and

(b)if the complainant so consents, the [F19[F20integrated care board] or [F21NHS England]] must as soon as reasonably practicable send details of the complaint to the provider [F18or other responsible body to which the complaint relates].

(4) If the [F22[F2integrated care board] or [F3NHS England]] considers that it is appropriate for [F23the integrated care board] [F24 or [F25NHS England]] to deal with the complaint—

(a)it must so notify the complainant and the provider [F18or 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 [F26[F2integrated care board] or [F3NHS England]] considers that it is more appropriate for the complaint to be dealt with by the provider [F18or other responsible body to which the complaint relates], and the complainant consents—

(a)the [F27[F28integrated care board] or [F29NHS England]] must so notify the complainant and the provider [F18or other responsible body to which the complaint relates];

(b)when the provider [F18or other responsible body to which the complaint relates] receives the notification given to it under sub-paragraph (a)—

(i)the provider [F18or 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 [F18or other responsible body to which the complaint relates] under these Regulations.

[F30(6) 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).]

Textual Amendments

F1Words in reg. 7(1)(a) substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 123(4)(a)(i) (with Sch. 3 paras. 18, 19, 20)

F2Words in Regulations substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1(1)(3) (with Sch. para. 1(2))

F3Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

F4Words in reg. 7(1)(a) substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 123(4)(a)(ii) (with Sch. 3 paras. 18, 19, 20)

F5Words in reg. 7(1)(b) substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 123(4)(b) (with Sch. 3 paras. 18, 19, 20)

F6Words in reg. 7(1)(b) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 37(2)(a)

F7Words in reg. 7(1)(b) substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), regs. 1(1), 34(2)(a)

F8Reg. 7(1A)(1B) inserted (1.4.2019) by The Amendments Relating to the Provision of Integrated Care Regulations 2019 (S.I. 2019/248), regs. 1(1), 11(2)

F9Words in reg. 7(1A)(b)(i) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 37(2)(b)(i)

F10Words in reg. 7(1A)(b) substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), regs. 1(1), 34(2)(b)

F11Words in reg. 7(1A)(b)(ii) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 37(2)(b)(ii)