Complaints Modernisation. Part 1: Consultation on short term changes – by Regulation

Closed 18 Oct 2021

Opened 6 Sep 2021

Overview

The consultation aims to identify solutions to improve the health and social care complaints process and outlines an updated approach for complaints handling. This consultation is in two parts. This is part one and it covers suggested changes to Regulations that will provide a short term way to embed the complaints process in legislation with the aim to minimise the risk of delays in reviewing complaints, inconsistent decision making and provide greater transparency of activity and learning.

Included below are draft copies of eight sets of Regulations that are planned for introduction to Tynwald.  

These are: 

  1. The National Health Service (Complaints Regulations) 2021, which set out the procedure to be followed in relation to health care complaints; 
  2. The Social Services (Complaints) Regulations 2021, which set out the procedure to be followed in relation to social care complaints; 
  3. The Social Services for Children (Complaints) Regulations 2021, which set out the procedure to be followed in relation to complaints about social care services provided to children; 
  4. The Health and Social Services Independent Review Body (Constitution, etc.) Regulations 2021, which cover the membership of the Independent Review Body and how complaints to it are to be considered;  
  5. The Social Services Act 2011 (Section 26) (Amendment) Regulations 2021 to amend the Social Services Act 2011 to allow the Regulations at (2) to be made under it;  
  6. The National Health Service Act 2001 (Section 38) (Amendment) Regulations 2021 to amend the National Health Services Act 2001 to allow the Regulations at (1) to be made under it;  
  7. The Children and Young Persons Act 2001 (Amendment) Regulations 2021, to amend the Children and Young Persons Act 2001 to allow the Regulations at (3) to be made under it; and 
  8. The Manx Care Act 2021 (Schedule 2) (Amendment) Regulations 2021 to amend the mandate requirements under the Manx Care Act 2021 to fit with the revisions being made by these Regulations. 

The short-term changes being sought require changes to a wide range of Regulations.  The consultation survey is structured to assist you in understanding the principles of the proposed amendments, rather than presenting section by section amendments in detail. Further background information and a flow diagram to aid understanding of the process is contained in the pdf of the consultation document that can be found below.

There are limitations on possible amendments that can be made by Regulations and fundamental modernisation will only be achieved by the primary legislation changes. These are outlined in Part 2 of this consultation.

Why your views matter

The purpose of this consultation is to seek your views on the proposed content of several sets of draft Regulations to modernise the complaints process, including the independent review stage. 

Areas

  • All Areas

Audiences

  • All residents

Interests

  • Legislation
  • Health