SCHEDULE 6OTHER CONTRACTUAL TERMS

PART 6COMPLAINTS

Co-operation with investigations88

1

The contractor must co-operate with—

a

any investigation of a complaint in relation to any matter reasonably connected with the provision of services under the contract undertaken by—

i

the Health Board; or

ii

the Scottish Public Services Ombudsman;

b

any investigation of a complaint by a NHS body or local authority which relates to a patient or former patient of the contractor.

2

In sub-paragraph (1)—

  • “NHS body” means, in Scotland, any Health Board or Special Health Board or the Agency, in England and Wales, F1NHS England or a Local Health Board, and, in Northern Ireland a Health and Social Care trust or Regional Health and Social Care Board;

  • “local authority” means—

    1. a

      a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (constitution of councils)131;

    2. b

      any of the bodies listed in section 1 of the Local Authority Social Services Act 1970 (local authorities)132;

    3. c

      the Council of the Isles of Scilly; or

    4. d

      a council of a county or county borough in Wales.

3

The co-operation required by sub-paragraph (1) includes—

a

answering questions reasonably put to the contractor by the NHS body, local authority or Scottish Public Services Ombudsman;

b

providing any information relating to the complaint reasonably required by the NHS body, local authority or Scottish Public Services Ombudsman; and

c

attending any meeting to consider the complaint (if held at a reasonably accessible place and at a reasonable hour, and due notice has been given) if the contractor’s presence at the meeting is reasonably required by the NHS body, local authority or Scottish Public Services Ombudsman.