The Social Services Complaints Procedure (Wales) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for complaints to local authorities about the exercise of their social services functions, with the exception of functions capable of being considered as representations under sections 24D and 26 and schedule 7, paragraph 6 of the Children Act 1989. They replace the Complaints Procedure Directions 1990. Provision is also made for representations made under the Representations Procedure (Children) (Wales) 2005 to be further considered under these Regulations.

Regulations 3 and 4 require the local authority to establish a complaints procedure and set out the principles to be followed in operating it. Under regulation 5 the local authority must designate a senior officer with responsibilities in relation to complaints and regulation 6 requires the local authority to appoint a complaints officer.

Regulation 7 sets out requirements in relation to publicity of the complaints procedure and regulation 8 sets out requirements for the training of staff.

Part III sets out who may complain (regulation 9) and about what matters (regulations 10 and 11). Regulation 12 establishes a procedure for consideration of how complaints shall be dealt with where there is a concurrent consideration by another person or body. This allows for the local authority to suspend consideration temporarily where to continue would compromise or prejudice the other consideration.

Part IV establishes procedures for working with other local authorities (regulation 13) or persons registered under the Care Standards Act 2000 or the National Assembly (regulation 14).

Regulation 18 requires the local authority to attempt local resolution of a complaint and regulation 19 establishes the procedure for formal consideration of the complaint where local resolution has not been achieved.

Regulation 20 sets out requirements in relation to the response to be sent by the local authority including as to the complainant’s right to request an independent panel hearing in accordance with Part VI of the Regulations.

Part VI sets out the arrangements for independent consideration of both complaints made under these Regulations and representations made under the Representations Procedure (Children) (Wales) Regulations 2005.

Part VII sets out how local authorities are to monitor and report on the arrangements they have made with a view to ensuring that they comply with the Regulations.