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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

 

112     

Secure training centres

(1)   

The CSCI and the Secretary of State may make arrangements for the CSCI to

conduct inspections of secure training centres in England.

(2)   

Inspections under this section shall be on such terms, including terms as to

payment of the CSCI, as the CSCI and Secretary of State may agree in the

5

arrangements.

(3)   

In this section, “secure training centre” has the same meaning as in section

43(1)(d) of the Prison Act 1952 (c. 52).

Chapter 9

Complaints

10

113     

Complaints about health care

(1)   

The Secretary of State may by regulations make provision about the handling

and consideration of complaints made under the regulations about—

(a)   

the exercise of any of the functions of an English NHS body or a cross-

border SHA;

15

(b)   

the provision of health care by or for such a body;

(c)   

the provision of services by such a body or any other person in

pursuance of arrangements made by the body under section 31 of the

Health Act 1999 (c. 8) in relation to the exercise of the health-related

functions of a local authority.

20

(2)   

The Assembly may by regulations make provision about the handling and

consideration of complaints made under the regulations about—

(a)   

the exercise of any of the functions of a Welsh NHS body;

(b)   

the provision of health care by or for a Welsh NHS body;

(c)   

the provision of services by a Welsh NHS body or any other person in

25

pursuance of arrangements made by the body under section 31 of the

Health Act 1999 in relation to the exercise of the health-related

functions of a local authority.

(3)   

Regulations under this section may provide for a complaint to be considered

by one or more of the following—

30

(a)   

an NHS body;

(b)   

the CHAI;

(c)   

an independent lay person;

(d)   

an independent panel established under the regulations;

(e)   

any other person or body.

35

(4)   

Regulations under this section may make provision for a complaint or any

matter raised by a complaint—

(a)   

to be referred to a Health Service Commissioner for him to consider

whether to investigate the complaint or matter under the Health

Service Commissioners Act 1993 (c. 46) (and to be treated by him as a

40

complaint duly referred to him under section 10 of that Act);

(b)   

to be referred to any other person or body for him or it to consider

whether to take any action otherwise than under the regulations.

 

 

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

50

 

114     

Complaints about social services

(1)   

The Secretary of State may by regulations make provision about the handling

and consideration of complaints made under the regulations about—

(a)   

the discharge by a local authority in England of any of its social services

functions;

5

(b)   

the provision of services by another person pursuant to arrangements

made by such an authority in the discharge of those functions;

(c)   

the provision of services by such an authority or any other person in

pursuance of arrangements made by the authority under section 31 of

the Health Act 1999 (c. 8) in relation to the functions of an NHS body

10

(within the meaning of that section).

(2)   

Regulations under subsection (1) may provide for a complaint to be considered

by one or more of the following—

(a)   

the local authority in respect of whose functions the complaint is made;

(b)   

the CSCI;

15

(c)   

an independent panel established under the regulations;

(d)   

any other person or body.

(3)   

The Assembly may by regulations make provision about the handling and

consideration of complaints made under the regulations about—

(a)   

the discharge by a local authority in Wales of any of its social services

20

functions;

(b)   

the provision of services by another person pursuant to arrangements

made by such an authority in the discharge of those functions;

(c)   

the provision of services by such an authority or any other person in

pursuance of arrangements made by the authority under section 31 of

25

the Health Act 1999 in relation to the functions of an NHS body (within

the meaning of that section).

(4)   

Regulations under subsection (3) may provide for a complaint to be considered

by one or more of the following—

(a)   

the local authority in respect of whose functions the complaint is made;

30

(b)   

an independent panel established under the regulations;

(c)   

any other person or body.

(5)   

Regulations under this section may provide for a complaint or any matter

raised by a complaint—

(a)   

in the case of regulations under subsection (1), to be referred to a Local

35

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

who is a member of the Commission for Local Administration in

England for him to consider whether to investigate the complaint or

matter under that Part (and to be treated as if it had been duly made

under section 26 of that Act);

40

(b)   

in the case of regulations under subsection (3), to be referred to a Local

Commissioner under Part 3 of the Local Government Act 1974 who is a

member of the Commission for Local Administration in Wales for him

to consider whether to investigate the complaint or matter under that

Part (and to be treated as if it had been duly made under section 26 of

45

that Act);

(c)   

to be referred to any other person or body for him or it to consider

whether to take any action otherwise than under the regulations.

 

 

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

51

 

(6)   

Regulations under this section may not make provision about complaints

capable of being considered as representations under section 24D or section 26

of the Children Act 1989 (c. 41).

115     

Complaints regulations: supplementary

(1)   

Regulations under subsection (1) or (2) of section 113 or under subsection (1) or

5

(3) of section 114 (“the regulations”) may, without prejudice to the generality

of the subsection under which they are made, make the following provision.

(2)   

The regulations may make provision about—

(a)   

the persons who may make a complaint;

(b)   

the complaints which may, or may not, be made under the regulations;

10

(c)   

the persons to whom complaints may be made;

(d)   

complaints which need not be considered;

(e)   

the period within which complaints must be made;

(f)   

the procedure to be followed in making, handling and considering a

complaint;

15

(g)   

matters which are excluded from consideration;

(h)   

the making of a report or recommendations about a complaint;

(i)   

the action to be taken as a result of the complaint.

(3)   

The regulations may require—

(a)   

the making of a payment, in relation to the consideration of a complaint

20

under the regulations, by any person or body in respect of whom the

complaint is made;

(b)   

any such payment to be—

(i)   

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

regulations; and

25

(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.

30

(4)   

The regulations may require any person or body who handles or considers

complaints under the regulations to make information available to the public

about the procedures to be followed under the regulations.

(5)   

The regulations may also—

(a)   

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

35

differently;

(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—

40

(i)   

who is considering a complaint under the regulations; or

(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.

(6)   

The regulations may make provision about complaints which raise both

45

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

 

 

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

52

 

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

5

complaint made under the appropriate procedures;

   

and in this subsection “statutory complaints procedures” means procedures

established by or under any enactment.

116     

Further consideration of representations under the Children Act 1989

(1)   

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

10

“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—

15

(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;

20

(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;

25

(f)   

about the action to be taken by the local authority concerned as

a result of the further consideration of a representation;

(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

30

to be referred by the CSCI—

(i)   

to a Local Commissioner in England for him to consider

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

35

Act; or

(ii)   

to any other person or body for him or it to consider

whether to take any action otherwise than under the

regulations.

(3)   

The regulations may require—

40

(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

is made;

(b)   

any such payment to be—

45

(i)   

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

regulations;

 

 

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

53

 

(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.

5

(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;

10

(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

15

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),

20

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

25

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—

(a)   

for the further consideration of a representation by an

independent panel established under the regulations;

30

(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

as the result of a representation;

(d)   

about the making of reports about a representation;

35

(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

concerned for reconsideration by the authority.

(3)   

The regulations may require—

40

(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

is made;

(b)   

any such payment to be—

45

(i)   

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

regulations;

 

 

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

54

 

(ii)   

of such amount as may be specified in, or calculated or

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.

5

(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;

10

(c)   

authorise the disclosure of information or documents relevant

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

15

disclosure.”

(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

20

for the provision of assistance where representations under section 24D

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

117     

Representations relating to special guardianship support services

(1)   

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

(3B) insert—

25

“(3C)   

The duty under subsection (3) extends to any representations

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

(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,

30

(c)   

any other person the authority consider has a sufficient interest

in the welfare of such a child to warrant his representations

being considered by them, or

(d)   

any person who has applied for an assessment under section

14F(3) or (4),

35

   

about the discharge by the authority of such functions under section

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

(2)   

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

representations) shall cease to have effect.

118     

Complaints about handling of complaints

40

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

Commissioners), after subsection (1D) insert—

“(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

45

 

 

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

55

 

exercise of any function under section 113 of the Health and Social Care

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

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

investigate the alleged maladministration.”

119     

Complaints: data protection

5

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

end insert—

“(6)   

Personal data processed for the purpose of the function of considering

a complaint under section 113(1) or (2) or 114(1) or (3) of the Health and

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

10

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

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

the proper discharge of that function.”

Chapter 10

15

Supplementary and general

Joint working

120     

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

20

respective functions.

(2)   

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

in relation to the proposed exercise of their functions.

(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.

25

(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.

121     

Reviews and investigations

(1)   

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

30

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

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.

35

(3)   

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

under section 82 in conjunction with a review, investigation or study relating

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

other public authority.

 

 

 
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