identify the main points of agreed procedures for handling complaints
Time Limit for making a Complaint
There is a time limit of 12 months from when the matter being complained about occurred, to when a complaint may be made. [ After this time, a complaint will not normally be considered.
However, the 12 month time limit does not apply where the local authority is satisfied that the complainant had good reasons for not making the complaint within that time limit
and where it is still possible to investigate the complaint effectively and fairly.
Acknowledgement/receipt of complaint must be made within 3 working days.
The standard timescale for a formal investigation will be 3 months.
The standard timescale for the overall life of the complaint will be 6 months,
Otherwise a new plan of action must be agreed/negotiated with the complainant.
Who may complain?
Section 5 of the Regulation (2009) requires local authorities to consider complaints made by someone who:
Is receiving or had received services from the authority
Is affected, or likely to be affected, by the action, omission or decision of the authority
A complaint may be made by a representative, acting on behalf of a person who, has died, or is unable to make the complaint themselves because of:
(i) physical incapacity, or
(ii) lack of capacity within the meaning of the Mental Capacity Act 2005 or
(iii) has requested that a representative act on their behalf (proof must be provided in this instance).
A complaint by a representative will not be considered if the authority is satisfied that the representative is not acting in the best interests of the person on whose behalf the complaint is being made. If this occurs, the authority will inform the representative of the reason for this decision in writing.
If it is considered that a complaint is outside of these regulations, the complainant will be notified in writing of this, outlining how this decision was reached. ]
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