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The Child Minding and Day Care (Wales) Regulations 2010
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- Wales Statutory Instruments
- 2010 No. 2574 (W. 214)
- PART 5
- Regulation 36
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Complaints subject to concurrent considerationE+W
36.—(1) Where a complaint relates to any matter—
(a)about which the complainant has stated in writing that he or she intends to take proceedings in any court or tribunal, or
(b)about which the registered person is taking or is proposing to take disciplinary proceedings, or
(c)about which the registered person has been notified that an investigation is being conducted by any person or body in contemplation of criminal proceedings, or
(d)about which a meeting involving other bodies including the police has been convened to discuss issues relating to the protection of children or vulnerable adults, or
(e)about which the registered person has been notified that there are current investigations in contemplation of proceedings under section 59 of the Care Standards Act 2000 (removal etc. from register) M1, or
(f)about which the registered person has been notified that a local authority has or is instigating child protection enquiries,
the registered person must consider, in consultation with the complainant and any other person or body which they consider appropriate to consult, how the complaint should be handled. Such complaints are referred to for the purposes of this regulation as “complaints subject to concurrent consideration”.
(2) The consideration of complaints subject to concurrent consideration may be discontinued if at any time it appears to the registered person that to continue would compromise or prejudice the other consideration.
(3) Where the registered person decides to discontinue the consideration of a complaint under paragraph (2) the registered person must give notice of that decision to the complainant.
(4) Where the registered person discontinues the consideration of any complaint under paragraph (2), consideration can be resumed at any time.
(5) Where the consideration of a complaint has been discontinued under paragraph (2) the registered person must ascertain the progress of the concurrent consideration and notify the complainant when it has been concluded.
(6) The registered person must resume consideration of any complaint where the concurrent consideration is discontinued or completed and the complainant requests that the complaint be considered under these Regulations.
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