PART 10COMPLAINTS, REPRESENTATIONS AND ADVOCACY SERVICES

CHAPTER 1COMPLAINTS AND REPRESENTATIONS ABOUT SOCIAL SERVICES

172Complaints about social services: supplementary

1

The following are further examples of the provision which may be made in regulations under section 171.

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;

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 and considering a complaint;

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 a complaint.

3

The regulations may—

a

require a person about whom, or a body about which, a complaint is made to make a payment in relation to the consideration of the complaint under the regulations,

b

require a payment of that kind—

i

to be made to a person or body specified in the regulations, and

ii

to be of an amount specified in, or calculated or determined under, the regulations, and

c

require an independent panel to review the amount chargeable under paragraph (a) in a particular case and, if the panel thinks fit, to substitute a lesser amount.

4

The regulations may require a person who, or a body which, considers complaints under the regulations to give publicity to 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 differently;

b

require the production of information or documents to enable a complaint to be properly considered;

c

authorise the disclosure of information or documents relevant to a complaint to a person who, or a body which, is considering a complaint under the regulations or to whom a complaint has been referred (despite any rule of common law that would otherwise prohibit or restrict the disclosure).

6

The regulations may make provision about complaints which raise both matters falling to be considered under the regulations and matters falling to be considered under other statutory complaints procedures; including (among other things) provision to—

a

enable a complaint of that kind to be made under the regulations, and

b

secure that matters falling to be considered under other statutory complaints procedures are treated as if they had been raised in a complaint made under the appropriate procedures.

7

In subsection (6) “statutory complaints procedures” means procedures established by or under an enactment within the legislative competence of the National Assembly for Wales.