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The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009
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- UK Statutory Instruments
- 2009 No. 309
- Regulation 8
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Changes and effects yet to be applied to Regulation 8:
- Regulations modified by S.I. 2022/734 reg. 31(3)
- Regulations words substituted by S.I. 2022/634 Sch. para. 1(1)(3)
- reg. 8(1) words omitted by S.I. 2009/1768 reg. 4(2)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
- blanket amendment words substituted by S.I. 2023/1071 Sch. para. 1
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 6(1)(ba) inserted by S.I. 2013/235 Sch. 2 para. 123(3)
- reg. 6(1)(ba) words substituted by S.I. 2022/634 reg. 187(2)
- reg. 6(1A)(1B) inserted by S.I. 2009/1768 reg. 3
- reg. 6(1A)(b) substituted by S.I. 2019/248 reg. 10(3)
- reg. 6(1ZA)(1ZB) inserted by S.I. 2019/248 reg. 10(2)
- reg. 7(1A)(1B) inserted by S.I. 2019/248 reg. 11(2)
- reg. 7(1A)(b) words substituted by S.I. 2023/1071 reg. 34(2)(b)
- reg. 7(1A)(b)(i) words substituted by S.I. 2022/634 reg. 37(2)(b)(i)
- reg. 7(1A)(b)(iii) words substituted by S.I. 2022/634 reg. 37(2)(b)(iii)
- reg. 7(1A)(b)(ii) words substituted by S.I. 2022/634 reg. 37(2)(b)(ii)
- reg. 7(6) inserted by S.I. 2019/248 reg. 11(5)
- reg. 8(2)(2A) substituted for reg. 8(2) by S.I. 2009/1768 reg. 4(3)
Complaints not required to be dealt withE+W
This section has no associated Explanatory Memorandum
8.—(1) Subject to paragraph (2), 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.
(2) Where a responsible body decides that a complaint is a complaint specified in paragraph (1)—
(a)it is not required to consider the complaint, or consider it further, under these Regulations; and
(b)except where the complaint is a complaint specified in paragraph (1)(c), it must as soon as reasonably practicable notify the complainant in writing of its decision and the reason for the decision.
(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.
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