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The Social Services Complaints Procedure (Wales) Regulations 2005

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Request for an independent panel hearing

22.—(1) A complainant may request that a complaint is further considered by an independent panel in accordance with this Part in any case where—

(a)a local authority has decided that it will not consider a complaint under regulation 9(5);

(b)for any reason formal consideration under regulation 19 has not been completed within 3 months of the date on which the complaint was made;

(c)the complainant is dissatisfied with the result of formal consideration by the local authority under regulation 19;

(d)for any reason formal consideration under the Representations Procedure (Children) (Wales) Regulations 2005(1) has not been completed within 3 months of the date on which the representation was made; or

(e)the complainant is dissatisfied with the local authority’s formal consideration of representations made under the Representations Procedure (Children) (Wales) Regulations 2005.

(2) Subject to paragraph (3) a request under paragraph (1) must be made to the Assembly within 20 working days of the day on which the written response to the complaint was sent to the complainant under regulation 20(2) or notification sent under regulation 9(5) or the written response sent to the complainant under regulation 18(2) of the Representations Procedure (Children)(Wales) Regulations 2005.

(3) Where a request is made under paragraph (1)(b) or (d) it must be made within 20 working days of the complainant becoming aware that the local authority has not sent a written response to the complaint or representation within 3 months of the date on which it was made.

(4) Where a complainant notifies the local authority complained against that he or she requests further consideration of the complaint by an independent panel under paragraph (1) the local authority shall, as soon as practicable, inform the Assembly of the request and the request shall be treated as having been made to the Assembly on the date that it was received by the local authority.

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