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The Social Services Complaints Procedure (Wales) Regulations 2005

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Formal consideration

19.—(1) Where the complainant has requested formal consideration of the complaint, subject to regulations 12, 13 and 14 the local authority must investigate the complaint to the extent necessary and in the manner which appears to the authority most appropriate to resolve it speedily and efficiently.

(2) The local authority must compile a formal written record of the complaint as soon as is reasonably practicable, and send it to the complainant with an invitation to the complainant to comment on its accuracy.

(3) The local authority must consider any comments made by the complainant under paragraph (2) and in the light of those comments make any amendments to the record which are necessary to ensure it is, in the opinion of the authority, an accurate record of the complaint.

(4) Except where arrangements have been made under regulation 18(3) the local authority may in any case where it would be appropriate to do so, and with the agreement of the complainant, make arrangements for conciliation, mediation or other assistance for the purposes of resolving the complaint.

(5) The local authority must—

(a)explain to the complainant how the complaint will be investigated; and

(b)send a copy of the complaint to any person who is the subject of the complaint unless—

(i)this has already been done; or

(ii)notification at that time would prejudice the consideration of the complaint.

(6) The local authority may—

(a)invite the complainant and any other person whom the authority considers may be able to assist with the resolution of the complaint to be interviewed; and

(b)take such advice as appears to the complaints officer to be required.

(7) Where any person is interviewed in accordance with paragraph 6(a) the local authority must—

(a)send a copy of the draft record of the interview to the person interviewed;

(b)invite that person to comment on the accuracy of the draft record;

(c)consider any comments made by the person; and

(d)in the light of those comments make any amendments to the record which, in the opinion of the authority, are necessary to ensure that the record is accurate.

(8) The local authority must take all reasonable steps to keep the complainant informed about the progress of its formal consideration of the complaint.

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