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Health and Social Care (Community Health and Standards) Bill


Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 9 — Complaints

    49

 

                  (i)                 made to such person or body as may be specified in the

regulations; and

                  (ii)                of such amount as may be specified in, or calculated or

determined under, the regulations;

           (c)           an independent panel to review the amount chargeable under

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paragraph (a) in any particular case and, if the panel thinks fit, to

substitute a lesser amount.

     (4)    The regulations may also—

           (a)           provide for different parts or aspects of a complaint to be treated

differently;

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           (b)           require the production of information or documents in order to enable

a complaint to be properly considered;

           (c)           authorise the disclosure of information or documents relevant to a

complaint to a person or body—

                  (i)                 who is considering a complaint under the regulations; or

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                  (ii)                to whom a complaint has been referred;

            and any such disclosure may be authorised notwithstanding any rule of

common law that would otherwise prohibit or restrict the disclosure.

     (5)    The regulations may make provision about complaints which raise both

matters falling to be considered under the regulations and matters falling to be

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considered under other statutory complaints procedures, including in

particular provision for—

           (a)           enabling such a complaint to be made under the regulations; and

           (b)           securing that matters falling to be considered under other statutory

complaints procedures are treated as if they had been raised in a

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complaint made under the appropriate procedures;

            and in this subsection “statutory complaints procedures” means procedures

established by or under any enactment.

 114   Further consideration of representations under the Children Act 1989

     (1)    In the Children Act 1989 (c. 41), after section 26 (representations) insert—

30

       “26ZA              Representations: further consideration

           (1)           The Secretary of State may by regulations make provision for the

further consideration of representations which have been considered

by a local authority in England under section 24D or section 26.

           (2)                         The regulations may in particular make provision—

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                  (a)                 for the further consideration of a representation by the

Commission for Social Care Inspection (“the CSCI”);

                  (b)                 for a representation to be referred by the CSCI for further

consideration by an independent panel established under the

regulations;

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                  (c)                 about the procedure to be followed on the further consideration

of a representation;

                  (d)                 for the making of recommendations about the action to be taken

as the result of a representation;

                  (e)                 about the making of reports about a representation;

45

                  (f)                 about the action to be taken by the local authority concerned as

a result of the further consideration of a representation;

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 9 — Complaints

    50

 

                  (g)                 for a representation to be referred by the CSCI back to the local

authority concerned for reconsideration by the authority;

                  (h)                 for a representation or any matter raised by the representation

to be referred by the CSCI—

                        (i)                        to a Local Commissioner in England for him to consider

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whether to investigate the representation or matter

under Part 3 of the Local Government Act 1974 as if it

were a complaint duly made under section 26 of that

Act; or

                        (ii)                       to any other person or body for him or it to consider

10

whether to take any action otherwise than under the

regulations.

           (3)                         The regulations may require—

                  (a)                                     the making of a payment, in relation to the further

consideration of a representation under this section, by any

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local authority in respect of whose functions the representation

is made;

                  (b)                 any such payment to be—

                        (i)                        made to such person or body as may be specified in the

regulations;

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                        (ii)                       of such amount as may be specified in, or calculated or

determined under, the regulations;

                  (c)                 an independent panel to review the amount chargeable under

paragraph (a) in any particular case and, if the panel thinks fit,

to substitute a lesser amount.

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           (4)                         The regulations may also—

                  (a)                 provide for different parts or aspects of a representation to be

treated differently;

                  (b)                 require the production of information or documents in order to

enable a representation to be properly considered;

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                  (c)                 authorise the disclosure of information or documents relevant

to a representation—

                        (i)                        to a person or body who is further considering a

representation under the regulations; or

                        (ii)                       to a Local Commissioner in England (when a

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representation is referred to him under the regulations);

                         and any such disclosure may be authorised notwithstanding any rule

of common law that would otherwise prohibit or restrict the disclosure.

           (5)           In this section, “Local Commissioner in England” means a Local

Commissioner under Part 3 of the Local Government Act 1974 (c. 7),

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who is a member of the Commission for Local Administration in

England.”

     (2)           After section 26ZA of that Act (as inserted by subsection (1)) insert—

       “26ZB    Representations: further consideration (Wales)

           (1)           The Secretary of State may by regulations make provision for the

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further consideration of representations which have been considered

by a local authority in Wales under section 24D or section 26.

           (2)           The regulations may in particular make provision—

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 9 — Complaints

    51

 

                  (a)                 for the further consideration of a representation by an

independent panel established under the regulations;

                  (b)                 about the procedure to be followed on the further consideration

of a representation;

                  (c)                 for the making of recommendations about the action to be taken

5

as the result of a representation;

                  (d)                 about the making of reports about a representation;

                  (e)                 about the action to be taken by the local authority concerned as

a result of the further consideration of a representation;

                  (f)                 for a representation to be referred back to the local authority

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concerned for reconsideration by the authority.

           (3)           The regulations may require—

                  (a)                 the making of a payment, in relation to the further

consideration of a representation under this section, by any

local authority in respect of whose functions the representation

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is made;

                  (b)                 any such payment to be—

                        (i)                        made to such person or body as may be specified in the

regulations;

                        (ii)                       of such amount as may be specified in, or calculated or

20

determined under, the regulations; and

                  (c)                 for an independent panel to review the amount chargeable

under paragraph (a) in any particular case and, if the panel

thinks fit, to substitute a lesser amount.

           (4)           The regulations may also—

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                  (a)                 provide for different parts or aspects of a representation to be

treated differently;

                  (b)                 require the production of information or documents in order to

enable a representation to be properly considered;

                  (c)                 authorise the disclosure of information or documents relevant

30

to a representation to a person or body who is further

considering a representation under the regulations;

                         and any such disclosure may be authorised notwithstanding any rule

of common law that would otherwise prohibit or restrict the

disclosure.”

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     (3)    In section 26A of that Act (requirement on local authorities to provide

assistance for persons making representations under section 24D and section

26), after subsection (2) insert—

           “(2A)              The duty under subsection (1) includes a duty to make arrangements

for the provision of assistance where representations under section 24D

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or 26 are further considered under section 26ZA or 26ZB.”

 115   Representations relating to special guardianship support services

     (1)    In section 26 of the Children Act 1989 (c. 41) (representations), after subsection

(3B) insert—

           “(3C)              The duty under subsection (3) extends to any representations

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(including complaints) which are made to the authority by—

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 10 — Supplementary and general

    52

 

                  (a)                 a child with respect to whom a special guardianship order is in

force,

                  (b)                 a special guardian or a parent of such a child,

                  (c)                 any other person the authority consider has a sufficient interest

in the welfare of such a child to warrant his representations

5

being considered by them, or

                  (d)                 any person who has applied for an assessment under section

14F(3) or (4),

                         about the discharge by the authority of such functions under section

14F as may be specified by the Secretary of State in regulations.”

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     (2)    Section 14G of that Act (special guardianship support services:

representations) shall cease to have effect.

 116   Complaints about handling of complaints

In section 3 of the Health Service Commissioners Act 1993 (c. 46) (remit of

Commissioners), after subsection (1D) insert—

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           “(1E)              Where a complaint is duly made to a Commissioner by or on behalf of

a person that the person has sustained injustice or hardship in

consequence of maladministration by any person or body in the

exercise of any function under section 111 of the Health and Social Care

(Community Health and Standards) Act 2003 (complaints about health

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care), the Commissioner may, subject to the provisions of this Act,

investigate the alleged maladministration.”

 117   Complaints: data protection

In section 31 of the Data Protection Act 1998 (c. 29) (regulatory activity) at the

end insert—

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           “(6)              Personal data processed for the purpose of the function of considering

a complaint under section 111(1) or (2) or 112(1) or (3) of the Health and

Social Care (Community Health and Standards) Act 2003, or section

24D, 26, 26ZA or 26ZB of the Children Act 1989, are exempt from the

subject information provisions in any case to the extent to which the

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application of those provisions to the data would be likely to prejudice

the proper discharge of that function.”

Chapter 10

Supplementary and general

Joint working

35

 118   Co-operation etc

     (1)    The CHAI and the CSCI must co-operate with each other where it seems to

them appropriate to do so for the efficient and effective discharge of their

respective functions.

     (2)    The CHAI and the CSCI must, in prescribed circumstances, consult each other

40

in relation to the proposed exercise of their functions.

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 10 — Supplementary and general

    53

 

     (3)    The CHAI and the CSCI may each delegate to the other any of its functions to

be exercised by the other on its behalf.

     (4)    The CHAI and the CSCI may, subject to such conditions as may be prescribed,

enter into arrangements for the pooling of financial resources whenever they

consider it appropriate to do so.

5

 119   Reviews and investigations

     (1)    The CHAI and the CSCI may exercise any of their powers to conduct reviews

and investigations under this Part in conjunction with each other.

     (2)    The CHAI may conduct a review or investigation under this Part, or undertake

a study under section 57, in conjunction with a review, investigation or study

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relating to any functions of an NHS body, or to any health care provided by or

for an NHS body, which is being conducted by any other public authority.

     (3)    The CSCI may conduct a review or investigation under this Part, or a study

under section 80 in conjunction with a review, investigation or study relating

to any other functions of a local authority which is being conducted by any

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other public authority.

     (4)    Where a review, investigation or study is being conducted by the CHAI in

conjunction with any other authority pursuant to this section, any report which

under this Part the CHAI is required to publish in relation to the review,

investigation or study may consist of a joint report by the CHAI and the other

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authority as to all the matters being investigated by both of them.

     (5)    Where a review, investigation or study is being conducted by the CSCI in

conjunction with any other authority pursuant to this section, any report which

under this Part the CSCI is required to publish in relation to the review,

investigation or study may consist of a joint report by the CSCI and the other

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authority as to all the matters being investigated by both of them.

     (6)    This section is without prejudice to any other powers of the CHAI or the CSCI.

 120   Joint annual reviews

     (1)    Regulations made by the Secretary of State may provide that, where services of

a description specified in the regulations are provided under arrangements

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under section 31 of the Health Act 1999 (c. 8), the CHAI and the CSCI shall

jointly—

           (a)           review the provision by the parties to the arrangements of such services

as may be specified in the regulations;

           (b)           award a performance rating in respect of those services.

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     (2)    The regulations may provide that the CHAI and the CSCI are to exercise their

functions under this section—

           (a)           at such times as may be specified in the regulations;

           (b)           by reference to criteria determined by the CHAI and the CSCI and

approved by the Secretary of State.

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     (3)    The regulations may require the CHAI and the CSCI to publish a report after

conducting a review under this section.

 

 

 
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