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The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009

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Investigation and response

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14.—(1) A responsible body to which a complaint is made must—

(a)investigate the complaint in a manner appropriate to resolve it speedily and efficiently; and

(b)during the investigation, keep the complainant informed, as far as reasonably practicable, as to the progress of the investigation.

(2) As soon as reasonably practicable after completing the investigation, the responsible body must send the complainant in writing a response, signed by the responsible person, which includes—

(a)a report which includes the following matters—

(i)an explanation of how the complaint has been considered; and

(ii)the conclusions reached in relation to the complaint, including any matters for which the complaint specifies, or the responsible body considers, that remedial action is needed; and

(b)confirmation as to whether the responsible body is satisfied that any action needed in consequence of the complaint has been taken or is proposed to be taken;

(c)where the complaint relates wholly or in part to the functions of a local authority, details of the complainant’s right to take their complaint to a Local Commissioner under the Local Government Act 1974(1); and

(d)except where the complaint relates only to the functions of a local authority, details of the complainant’s right to take their complaint to the Health Service Commissioner under the 1993 Act.

(3) In paragraph (4), “relevant period” means the period of 6 months commencing on the day on which the complaint was received, or such longer period as may be agreed before the expiry of that period by the complainant and the responsible body.

(4) If the responsible body does not send the complainant a response in accordance with paragraph (2) within the relevant period, the responsible body must—

(a)notify the complainant in writing accordingly and explain the reason why; and

(b)send the complainant in writing a response in accordance with paragraph (2) as soon as reasonably practicable after the relevant period.

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