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

Complaints not required to be dealt withE+W

This section has no associated Explanatory Memorandum

8.—(1) F1... The following complaints are not required to be dealt with in accordance with these Regulations—

(a)a complaint by a responsible body;

(b)a complaint by an employee of a local authority or NHS body about any matter relating to that employment;

(c)a complaint which—

(i)is made orally; and

(ii)is resolved to the complainant’s satisfaction not later than the next working day after the day on which the complaint was made;

(d)a complaint the subject matter of which is the same as that of a complaint that has previously been made and resolved in accordance with sub-paragraph (c);

(e)a complaint the subject matter of which has previously been investigated under—

(i)these Regulations;

(ii)the 2004 Regulations, in relation to a complaint made under those Regulations before 1st April 2009;

(iii)the 2006 Regulations, in relation to a complaint made under those Regulations before 1st April 2009; or

(iv)a relevant complaints procedure in relation to a complaint made under such a procedure before 1st April 2009;

(f)a complaint the subject matter of which is being or has been investigated by—

(i)a Local Commissioner under the Local Government Act 1974(1); or

(ii)a Health Service Commissioner under the 1993 Act;

(g)a complaint arising out of the alleged failure by a responsible body to comply with a request for information under the Freedom of Information Act 2000(2); and

(h)a complaint which relates to any scheme established under section 10 (superannuation of persons engaged in health services, etc.) or section 24 (compensation for loss of office, etc.) of the Superannuation Act 1972(3), or to the administration of those schemes.

[F2(2) Subject to paragraph (2A), where a complaint is a complaint specified in paragraph (1), and a responsible body makes a decision to that effect, the responsible body must as soon as reasonably practicable notify the complainant in writing of its decision and the reason for its decision.

(2A) Paragraph (2) does not apply to a complaint specified in sub-paragraph (c) of paragraph (1).]

(3) Where a complaint specified in paragraph (1) is part of, or is connected with, another complaint which is not so specified, nothing in this regulation prevents that other complaint being handled in accordance with these Regulations.

Textual Amendments

Commencement Information

I1Reg. 8 in force at 1.4.2009, see reg. 1(2)