PART 12Complaints
Complaints procedure72
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 agreement.
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 investigations73
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 agreement by—
i
the Board, 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—
- a
in relation to England and Wales, the Board or F4an integrated care board; and
- 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;
- a
“local authority” means—
- a
a local authority within the meaning of section 1 of the Local Authority Social Services Act 1970 M2 (local authorities);
- b
the Council of the Isles of Scilly; F1...
- c
a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M3 (constitution of councils); F2or
- d
F3the council of a county or county borough in Wales; and
- a
“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 questions which are reasonably put to the contractor by the Board;
b
providing information relating to the complaint which is reasonably required by the Board; 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 the Board.