Search Legislation

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

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Complaints not required to be dealt with

This section has no associated Explanatory Memorandum

8.—(1) Subject to paragraph (2), the following complaints are not required to be dealt with in accordance with these Regulations—

(a)a complaint by a responsible body;

(b)a complaint by an employee of a local authority or NHS body about any matter relating to that employment;

(c)a complaint which—

(i)is made orally; and

(ii)is resolved to the complainant’s satisfaction not later than the next working day after the day on which the complaint was made;

(d)a complaint the subject matter of which is the same as that of a complaint that has previously been made and resolved in accordance with sub-paragraph (c);

(e)a complaint the subject matter of which has previously been investigated under—

(i)these Regulations;

(ii)the 2004 Regulations, in relation to a complaint made under those Regulations before 1st April 2009;

(iii)the 2006 Regulations, in relation to a complaint made under those Regulations before 1st April 2009; or

(iv)a relevant complaints procedure in relation to a complaint made under such a procedure before 1st April 2009;

(f)a complaint the subject matter of which is being or has been investigated by—

(i)a Local Commissioner under the Local Government Act 1974(1); or

(ii)a Health Service Commissioner under the 1993 Act;

(g)a complaint arising out of the alleged failure by a responsible body to comply with a request for information under the Freedom of Information Act 2000(2); and

(h)a complaint which relates to any scheme established under section 10 (superannuation of persons engaged in health services, etc.) or section 24 (compensation for loss of office, etc.) of the Superannuation Act 1972(3), or to the administration of those schemes.

(2) Where a responsible body decides that a complaint is a complaint specified in paragraph (1)—

(a)it is not required to consider the complaint, or consider it further, under these Regulations; and

(b)except where the complaint is a complaint specified in paragraph (1)(c), it must as soon as reasonably practicable notify the complainant in writing of its decision and the reason for the decision.

(3) Where a complaint specified in paragraph (1) is part of, or is connected with, another complaint which is not so specified, nothing in this regulation prevents that other complaint being handled in accordance with these Regulations.

Back to top

Options/Help

Print Options

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

Opening Options

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

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

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 enacted version 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 made 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