Search Legislation

Health and Social Care Act 2012

Status:

This is the original version (as it was originally enacted).

185Independent advocacy services
This sectionnoteType=Explanatory Notes has no associated

(1)After section 223 of the Local Government and Public Involvement in Health Act 2007 insert—

223AIndependent advocacy services

(1)Each local authority must make such arrangements as it considers appropriate for the provision of independent advocacy services in relation to its area.

(2)In this section, “independent advocacy services” means services providing assistance (by way of representation or otherwise) to persons making or intending to make—

(a)a complaint under a procedure operated by a health service body or independent provider;

(b)a complaint under section 113(1) or (2) of the Health and Social Care (Community Health and Standards) Act 2003;

(c)a complaint to the Health Service Commissioner for England;

(d)a complaint to the Public Services Ombudsman for Wales which relates to a Welsh health body;

(e)a complaint under section 73C(1) of the National Health Service Act 2006;

(f)a complaint to a Local Commissioner under Part 3 of the Local Government Act 1974 about a matter which could be the subject of a complaint under section 73C(1) of the National Health Service Act 2006; or

(g)a complaint of such description as the Secretary of State may by regulations prescribe which relates to the provision of services as part of the health service and—

(i)is made under a procedure of a description prescribed in the regulations, or

(ii)gives rise, or may give rise, to proceedings of a description prescribed in the regulations.

(3)Each local authority may make such other arrangements as it considers appropriate for the provision of services in relation to its area providing assistance to individuals in connection with complaints relating to the provision of services as part of the health service.

(4)Arrangements under this section may not provide for a person to make arrangements for the provision of services by a Local Healthwatch organisation.

(5)In making arrangements under this section, a local authority must have regard to the principle that the provision of services under the arrangements or arrangements made in pursuance of the arrangements should, so far as practicable, be independent of any person who is—

(a)the subject of a relevant complaint; or

(b)involved in investigating or adjudicating on such a complaint.

(6)A local authority may make payments to—

(a)a person providing services under arrangements under this section;

(b)a person arranging for the provision of services in pursuance of arrangements under this section;

(c)a person providing services under arrangements made in pursuance of arrangements under this section.

(7)The Secretary of State may by regulations make provision requiring a person providing services under arrangements under this section or arrangements made in pursuance of the arrangements to have cover against the risk of a claim in negligence arising out of the provision of the services.

(8)The Secretary of State may give directions to a local authority about the exercise of its functions under this section.

(9)A direction under subsection (8) may be varied or revoked.

(10)In this section—

  • “the health service” has the same meaning as in the National Health Service Act 2006;

  • “health service body” means—

    (a)

    in relation to England, a body which, under section 2(1) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England;

    (b)

    in relation to Wales, a Welsh health service body (within the meaning of the Public Services Ombudsman (Wales) Act 2005);

  • “independent provider” means—

    (a)

    in relation to England, a person who, under section 2B(1) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England;

    (b)

    in relation to Wales, a person who is an independent provider in Wales (within the meaning of the Public Services Ombudsman (Wales) Act 2005);

  • “Welsh health body” means—

    (a)

    a Local Health Board,

    (b)

    an NHS trust managing a hospital or other establishment or facility in Wales,

    (c)

    a Special Health Authority not discharging functions only or mainly in England,

    (d)

    an independent provider in Wales (within the meaning of the Public Services Ombudsman (Wales) Act 2005),

    (e)

    a family health service provider in Wales (within the meaning of that Act), or

    (f)

    a person with functions conferred under section 113(2) of the Health and Social Care (Community Health and Standards) Act 2003.

(2)Omit section 248 of the National Health Service Act 2006 (arrangements by the Secretary of State for the provision of independent advocacy arrangements).

(3)In section 134 of the Mental Health Act 1983 (correspondence of patients), in subsection (3A)(b)(ii), for “section 248 of the National Health Service Act 2006” substitute “section 223A of the Local Government and Public Involvement in Health Act 2007”.

(4)In section 59 of the Safeguarding Vulnerable Groups Act 2006 (vulnerable adults), in subsection (10)(e), for “section 248 of the National Health Service Act 2006 (c. 41)” substitute “section 223A of the Local Government and Public Involvement in Health Act 2007”.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources