The Children and Young People (Scotland) Act 2014 (Part 4 and Part 5 Complaints) Order 2016

Determination of complaints

8.—(1) The matters which must be included in any determination of a complaint are—

(a) the function or functions which the investigating authority has identified as relating to the subject matter of the complaint;

(b) the names of any service provider or authority which is or was responsible for exercising those functions;

(c) the names of any service provider or authority which has provided information or assistance in relation to the investigation of the complaint in accordance with article 6;

(d) the reasons for any refusal to provide agreement as mentioned in article 6(3);

(e) the investigating authority’s findings in relation to the complaint;

(f) the reasons for those findings;

(g) details of—

(i) any action which the investigating authority has taken or which it intends to take as a result of the complaint; and

(ii) any action which the investigating authority recommends should be taken by any other service provider or authority as a result of the complaint; and

(h) the ability of the person aggrieved to complain to the Ombudsman in accordance with the 2002 Act.

(2) Where another service provider or authority has provided information or assistance in relation to the investigation of a complaint in accordance with article 6, the investigating authority must—

(a) seek to agree the proposed terms of any determination of the complaint with each such service provider or authority before sending it to the person aggrieved; and

(b) provide each such service provider or authority with a copy of the final determination as it has been sent to the person aggrieved.

(3) A service provider or authority which declines to give agreement as mentioned in paragraph (2)(a) must provide the investigating authority with its reasons for doing so in writing.

(4) Any determination of a complaint must not—

(a) mention the name of any individual; or

(b) contain any particulars which, in the investigating authority’s opinion, are likely to identify any individual,

unless the investigating authority determines that it is necessary to do so.