Schedule 5

Part of Health and Social Care Bill – in a Public Bill Committee at 3:45 pm on 17th January 2008.

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Photo of Jimmy Hood Jimmy Hood Labour, Lanark and Hamilton East 3:45 pm, 17th January 2008

With this it will be convenient to discuss the following: amendment No. 87, in schedule 5, page 125, line 35, leave out ‘omit paragraph (b)’ and insert

‘leave out “CSCI” and insert “Care Quality Commission”.’.

New clause 4—Complaints procedure

‘(1) In any case where a complainant is not satisfied with the result of an investigation by an independent provider, he may request the Commission to consider the complaint.

(2) On receipt of a complaint under subsection (1) the Commission must assess the nature and substance of the complaint and decide how it should be handled, having regard to—

(a) the views of the complainant;

(b) the views of the body complained about;

(c) any other relevant circumstances; and as soon as reasonably practicable the Commission must notify the complainant as to its decision.

(3) The Commission may conduct its investigation in any manner which seems to it appropriate, may take such advice as appears to it to be required and, having regard in particular to the views of the complainant and any person who or body which is the subject of the complaint, may appoint a panel to hear and consider evidence.

(4) The Commission may request any person or body to produce such information and documents as it considers necessary to enable a complaint to be considered properly.

(5) Where the Commission investigates a complaint it must, as soon as reasonably practicable, prepare a written report of its investigation which—

(a) summarises the nature and substance of the complaint;

(b) describes the investigation and summarises its conclusions, including any findings of fact, the Commission’s opinion of those findings and its reasons for its opinion;

(c) recommends what action should be taken and by whom to resolve the complaint; and

(d) identifies what other action, if any, should be taken and by whom.’.

New clause 5—Independent Complaints Body

‘(1) The Commission shall establish and maintain a committee to be known as ‘The Independent Complaints Body’.

(2) In any case where a complainant is not satisfied with the result of an investigation by an independent provider, he may request the Independent Complaints Body to consider the complaint.

(3) On receipt of a complaint under subsection (1) the Independent Complaints Body must assess the nature and substance of the complaint and decide how it should be handled having regard to—

(a) the views of the complainant;

(b) the views of the body complained about; and

(c) any other relevant circumstances; and as soon as reasonably practicable the Independent Complaints Body must notify the complainant as to its decision.

(4) The Independent Complaints Body may conduct its investigation in any manner which seems to it appropriate, may take such advice as appears to it to be required and, having regard in particular to the views of the complainant and any person who or body which is the subject of the complaint, may appoint a panel to hear and consider evidence.

(5) The Independent Complaints Body may request any person or body to produce such information and documents as it considers necessary to enable a complaint to be considered properly.

(6) Where the Independent Complaints Body investigates a complaint it must, as soon as reasonably practicable, prepare a written report of its investigation which—

(a) summarises the nature and substance of the complaint;

(b) describes the investigation and summarises its conclusions, including any findings of fact, the Independent Complaints Body’s opinion of those findings and its reasons for its opinion;

(c) recommends what action should be taken and by whom to resolve the complaint; and

(d) identifies what other action, if any, should be taken and by whom.’.