114Complaints about social services[F1: England] E+W
(1)The Secretary of State may by regulations make provision about the handling and consideration of complaints made under the regulations about—
(a)the discharge by a local authority in England of any of its social services functions;
(b)the provision of services by another person pursuant to arrangements made by such an authority in the discharge of those functions;
(c)the provision of services by such an authority or any other person in pursuance of arrangements made by the authority under [F2section 75 of the National Health Service Act 2006 or section 33 of the National Health Service (Wales) Act 2006] in relation to the functions of an NHS body (within the meaning of that section).
(2)Regulations [F3under this section] may provide for a complaint to be considered by one or more of the following—
(a)the local authority in respect of whose functions the complaint is made;
F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)an independent panel established under the regulations;
(d)any other person or body.
F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Regulations under this section may provide for a complaint or any matter raised by a complaint—
(a)F6... to be referred to a Local Commissioner under Part 3 of the Local Government Act 1974 (c. 7) F7... for him to consider whether to investigate the complaint or matter under that Part [F8(and for the complaint to be treated as satisfying sections 26A and 26B of that Act)];
F9(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)to be referred to any other person or body for him or it to consider whether to take any action otherwise than under the regulations.
(6)Regulations under this section may not make provision about complaints capable of being considered as representations under section 24D or section 26 of the Children Act 1989 (c. 41).
Textual Amendments
F1Words in s. 114 heading inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 205(d)
F2Words in s. 114(1)(c) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 243 (with Sch. 3 Pt. 1)
F3Words in s. 114(2) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 205(a)
F4S. 114(2)(b) repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 46, Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(r), 36
F5S. 114(3)(4) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 205(b)
F6Words in s. 114(5)(a) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 205(c)(i)
F7Words in s. 114(5)(a) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 76(a), Sch. 7; S.I. 2005/2800, art. 5(1)(3)
F8Words in s. 114(5)(a) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 18; S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F9S. 114(5)(b) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 205(c)(ii)
Commencement Information
I1S. 114 partly in force; s. 114 in force at Royal Assent for certain purposes, see s. 199(1)(4)
I2S. 114(1)(2)(5)(6) in force at 1.9.2006 for E. in so far as not already in force by S.I. 2006/1680, art. 3(b)
I3S. 114(3)(4) in force at 1.4.2006 for W. so far as not already in force by S.I. 2005/3285, art. 2(2)(a)
I4S. 114(5) in force at 1.4.2006 for W. so far as not already in force by S.I. 2005/3285, art. 2(2)(c)