National Health Service and Community Care Act 1990

52Local authority plans for, and complaints in relation to, community care services in Scotland

After section 5 of the 1968 Act there shall be inserted the following sections—

“5ALocal authority plans for community care services

(1)Within such period after the day appointed for the coming into force of this section as the Secretary of State may direct, and in accordance with the provisions of this section, each local authority shall prepare and publish a plan for the provision of community care services in their area.

(2)Each local authority shall from time to time review any plan prepared by them under subsection (1) above, and shall, in the light of any such review, prepare and publish—

(a)any modifications to the plan under review; or

(b)if the case requires, a new plan.

(3)In preparing any plan or carrying out any review under subsection (1) or, as the case may be, subsection (2) above the authority shall consult—

(a)any Health Board providing services under the [1978 c. 29.] National Health Service (Scotland) Act 1978 in the area of the authority;

(b)in so far as the plan or, as the case may be, the review may affect or be affected by the provision or availability of housing, every district council in the area of the authority;

(c)such voluntary organisations as appear to the authority to represent the interests of persons who use or are likely to use any community care services within the area of the authority or the interests of private carers who, within that area, provide care to persons for whom, in the exercise of their functions under this Act or any of the enactments mentioned in section 2(2) of this Act, the local authority have a power or a duty to provide, or to secure the provision of, a service;

(d)such voluntary housing agencies and other bodies as appear to the authority to provide housing or community care services in their area; and

(e)such other persons as the Secretary of State may direct.

(4)In this section—

• “community care services” means services, other than services for children, which a local authority are under a duty or have a power to provide, or to secure the provision of, under Part II of this Act or section 7 (functions of local authorities), 8 (provision of after-care services) or 11 (training and occupation of the mentally handicapped) of the Mental Health (Scotland) Act 1984; and

• “private carer” means a person who is not employed to provide the care in question by any body in the exercise of its functions under any enactment.

5BComplaints procedure

(1)Subject to the provisions of this section, the Secretary of State may by order require local authorities to establish a procedure whereby a person, or anyone acting on his behalf, may make representations (including complaints) in relation to the authority’s discharge of, or failure to discharge, any of their functions under this Act, or any of the enactments referred to in section 2(2) of this Act, in respect of that person.

(2)For the purposes of subsection (1) of this section, “person” means any person for whom the local authority have a power or a duty to provide, or to secure the provision of, a service, and whose need or possible need for such a service has (by whatever means) come to the attention of the authority.

(3)An order under subsection (1) of this section may be commenced at different times in respect of such different classes of person as may be specified in the order.

(4)In relation to a child, representations may be made by virtue of subsection (1) above by the child, or on his behalf by—

(a)his parent;

(b)any person having parental rights in respect of him;

(c)any local authority foster parent; or

(d)any other person appearing to the authority to have a sufficient interest in the child’s wellbeing to warrant his making representations on the child’s behalf.

(5)In this section—

• “child” means a child under the age of 18 years; and

• “parent” and “parental rights” have the same meaning as in section 8 (interpretation) of the Law Reform (Parent and Child) (Scotland) Act 1986.

(6)A local authority shall comply with any directions given by the Secretary of State as to the procedure to be adopted in considering representations made as mentioned in subsection (1) of this section and as to the taking of such action as may be necessary in consequence of such representations.

(7)Every local authority shall give such publicity to the procedure established under this section as they consider appropriate.”