The Children and Young People (Scotland) Act 2014 (Part 4 and Part 5 Complaints) Order 2016

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for the making, consideration and determination of complaints concerning the exercise of functions conferred by or under Parts 4 and 5 of the Children and Young People (Scotland) Act 2014 (“the Act”).

Article 2 makes provision about the matters which may be the subject of a complaint.

Article 3 sets out the persons who may make a complaint.

Article 4 provides for how and when a complaint may be made.

Article 5 provides for the procedure which must be followed when a complaint is received, and requires the authority to which the complaint has been made to consider and determine the complaint within 5 working days if it is appropriate to do so. This article also specifies the circumstances in which the investigation procedure (as provided for in article 6) is required.

Article 6 provides for an investigation procedure, which must be followed in cases where the authority to which a complaint has been made considers that this is required, where the person making the complaint (“the person aggrieved”) requests this procedure following receipt of a determination under article 5, or where the authority and the person aggrieved otherwise agree that the investigation procedure should be followed. The investigation procedure gives the authority investigating the complaint 20 working days to investigate and determine the complaint, and requires that authority to request such information or assistance from other service providers or authorities as it considers necessary to help it to investigate and determine the complaint.

Article 7 provides for the extension of certain timescales in special circumstances.

Article 8 provides for the matters which must be included in any determination of a complaint.

Article 9 amends the Scottish Public Services Ombudsman Act 2002 (“the 2002 Act”) so as to ensure the Ombudsman can investigate the merits of a decision taken in exercise of a function conferred by or under Part 4 or 5 of the Act. It also amends the 2002 Act so that the Ombudsman may only investigate action taken in the exercise of a Part 4 or 5 function where the exercise of that function could be the subject of a complaint under this Order at the time the action took place.