PART 11Complaints

Complaints procedure79

1

The contractor must establish and operate a complaints procedure to deal with complaints made in relation to any matter that is reasonably connected with the provision of services under the contract.

2

The complaints procedure must comply with the requirements of the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 M1.

Co-operation with investigations80

1

The contractor must co-operate with—

a

the investigation of any complaint made in relation to a matter that is reasonably connected with the provision of services under the contract by—

i

F5NHS England, or

ii

the Health Service Commissioner; and

b

the investigation of any complaint made by an NHS body or local authority which relates to a patient or former patient of the contractor.

2

In paragraph (1)—

  • “NHS body” means—

    1. a

      in relation to England, F5NHS England or F2an integrated care board; and

    2. b

      in relation to England and Wales, Scotland and Northern Ireland, an NHS trust, an NHS foundation trust, a Local Health Board, a Health Board, a Health and Social Services Board or a Health and Social Services Trust;

  • “local authority” means—

    1. a

      a local authority within the meaning of section 1 of the Local Authority Social Services Act 1970 M2 (local authorities);

    2. b

      the Council of the Isles of Scilly; F4...

    3. c

      a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M3 (constitution of councils); F1or

    4. d

      F3the council of a county or county borough in Wales; and

  • “Health Service Commissioner” means the person appointed as Health Service Commissioner for England in accordance with section 1 of, and Schedule 1 to, the Health Service Commissioners Act 1993 M4 (The Commissioner).

3

For the purposes of paragraph (1), co-operation includes—

a

answering any questions which are reasonably put to the contractor by F5NHS England;

b

providing any information relating to the complaint which is reasonably required by F5NHS England; and

c

attending any meeting held to consider the complaint (if held at a reasonably accessible place and at a reasonable hour and if due notice has been given) if the contractor's presence at the meeting is reasonably required by F5NHS England .