Social Services and Well-being (Wales) Act 2014

171 Complaints about social services E+W

(1) Regulations may make provision about the consideration of complaints relating to—

(a) the discharge by a local authority of its social services functions;

(b) the provision of services by another person pursuant to arrangements made by a local authority in the discharge of those functions;

(c) the provision of services by a local authority or another person in pursuance of arrangements made by the authority under section 33 of the National Health Service (Wales) Act 2006 or section 75 of the National Health Service Act 2006 in relation to the functions of an NHS body (within the meaning of the relevant section) so far as exercisable in relation to Wales.

(2) The regulations 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) an independent panel established under the regulations;

(c) any other person or body other than a Minister of the Crown.

(3) The regulations may provide for a complaint or any matter raised by the complaint—

(a) to be referred to the Public Services Ombudsman for Wales (“the Ombudsman”) for the Ombudsman to consider whether to investigate the complaint or matter under [F1 the Public Services Ombudsman (Wales) Act 2019] (and to be treated by the Ombudsman as a complaint duly referred under [F2 section 3(3)] of that Act);

(b) to be referred to any other person or body for that person or body to consider whether to take any action otherwise than under the regulations.

(4) But the regulations may not make provision about complaints capable of being considered as representations under section 174 or 176.

Textual Amendments

F1 Words in s. 171(3)(a) substituted (23.7.2019) by Public Services Ombudsman (Wales) Act 2019 (anaw 3), s. 77(1), Sch. 5 para. 26(a); S.I. 2019/1096, reg. 2

F2 Words in s. 171(3)(a) substituted (23.7.2019) by Public Services Ombudsman (Wales) Act 2019 (anaw 3), s. 77(1), Sch. 5 para. 26(b); S.I. 2019/1096, reg. 2

Commencement Information

I1 S. 171 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)