http://www.legislation.gov.uk/id/asp/2010/8/part/5/chapter/3

http://www.legislation.gov.uk/asp/2010/8/part/5/chapter/3/crossheading/complaints/2020-05-27

Public Services Reform (Scotland) Act 2010

An Act of the Scottish Parliament to make provision for the purpose of simplifying public bodies, including the transfer and delegation of certain functions, the dissolution of certain bodies and provision in relation to the regulation of officers of court; to enable provision to be made for the purpose of improving the exercise of public functions and for removing and reducing burdens resulting from legislation; to make provision for the publication of information on expenditure and certain other matters by certain public bodies; to establish Creative Scotland with functions in relation to the arts and culture and industries and other activity the focus of which is the application of creative skills; to establish Social Care and Social Work Improvement Scotland with scrutiny functions in relation to care services and social work services; to establish Healthcare Improvement Scotland with scrutiny and other functions in relation to services provided under the National Health Service and independent health care services; to amend the Mental Health (Care and Treatment) (Scotland) Act 2003 to make provision in relation to the Mental Welfare Commission for Scotland; to make provision about the exercise of scrutiny functions by certain bodies, including provision in respect of the involvement of users of scrutinised services, co-operation and joint inspections; to amend Part 2 of the Public Finance and Accountability (Scotland) Act 2000 in relation to audit authorities and audit reports and examinations under that Part; to amend the Scottish Public Services Ombudsman Act 2002 to make provision in relation to complaints handling procedures of listed authorities; to amend the Charities and Trustee Investment (Scotland) Act 2005 in relation to the regulation of charities and charity trustees; and for connected purposes.

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Statute Law Database

2024-02-26

Expert Participation

2020-05-27

Public Services Reform (Scotland) Act 2010

Blanket amendment

The Treaty of Lisbon (Changes in Terminology) Order 2011

art. 3

art. 3(2)

art. 3(3)

4(2)

6(4)

(5)

art. 2

Public Services Reform (Scotland) Act 2010

Pt. 5

Ch. 3A

Health and Care (Staffing) (Scotland) Act 2019

s. 12(2)

s. 15(2)

reg. 2(2)

Public Services Reform (Scotland) Act 2010

Pt. 5

Ch. 3A

The Health and Care (Staffing) (Scotland) Act 2019 Amendment Regulations 2023

reg. 3(4)

reg. 1

Part 5Social care and social work: scrutiny and improvement

Chapter 3Care services

Complaints

I1 I279Complaints about care services

1

SCSWIS must establish a procedure by which a person, or someone acting on a person's behalf, may make complaints (or other representations) in relation to the provision to the person of a care service or about the provision of a care service generally.

2

The procedure must provide for it to be available whether or not procedures established by the provider of the service for making complaints (or other representations) about that service have been or are being pursued.

3

Before establishing a procedure under subsection (1), SCSWIS must consult the Scottish Public Services Ombudsman, all local authorities and such other persons, or groups of persons, as it considers appropriate on its proposals for such a procedure.

4

SCSWIS must keep the procedure under review and must vary it whenever, after such consultation, it considers it appropriate to do so.

5

SCSWIS must give such publicity to the procedure (including the procedure as varied under subsection (4)) as it considers appropriate and must give a copy of the procedure to any person who requests it.

79AF1Reporting on coronavirus deaths in care homes

1

Any person who provides a care home service must make a report to SCSWIS every day on—

a

the number of deaths of residents in the care home from coronavirus since the relevant date,

b

the number of deaths of residents in the care home, since the relevant date, that are suspected to be attributable to coronavirus,

c

the total number of deaths in the care home, since the relevant date, irrespective of whether or not they are attributable to coronavirus.

2

As soon as practicable after the end of each 7 day period during which SCSWIS has been receiving reports under subsection (1), using the information in those reports, SCSWIS must make a report to the Scottish Ministers on—

a

the total number of deaths in care homes in Scotland from coronavirus since the relevant date,

b

the total number of deaths of residents in care homes in Scotland, since the relevant date, that are suspected to be attributable to coronavirus,

c

the total number of deaths in care homes in Scotland, since the relevant date, irrespective of whether or not they are attributable to coronavirus.

3

The Scottish Ministers must lay each report from SCSWIS under subsection (2) before the Parliament as soon as practicable and in any event no later than 7 days after they have received it.

4

In this section—

“coronavirus” has the meaning given by section 1 of the Coronavirus (Scotland) Act 2020,
“relevant date” means the day before the date on which paragraph 23 of schedule 1 of the Coronavirus (Scotland) (No.2) Act 2020 comes into force.

Part 5Social care and social work: scrutiny and improvement

Chapter 3Care services

Complaints

I1I279Complaints about care services

1

2

3

4

5

79AF1Reporting on coronavirus deaths in care homes

1

a

b

c

2

a

b

c

3

4

I1 I279Complaints about care services