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 F1an 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;

“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; F2...

(c)

a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M3 (constitution of councils); F3or

(d)

F4the 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 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.