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

The purpose of the consultation was to seek the views of the public and the relevant professional persons and bodies regarding the Department of Health and Social Care’s (“the Department”) proposals for short term changes to the process for dealing with complaints about health and social care services (being made by Regulations) – this was Part 1 of the consultation; and

At the same time the Department also consulted on longer term changes to be made under the Reform Bill – this was Part 2 of the consultation.

Fifty-four responses were received to part 1 of the consultation via the online consultation hub and 8 substantial separate written responses were also received.

Overall, there was support for the updated Regulations but further changes to the detail were suggested in many different areas order to make the complaints process work better for individuals.

The results to Part 1 of the consultation have been analysed and the written submissions have been reviewed by the Department to inform the content of the Complaints Regulations.

In November 2021 the Department reviewed the approach to determine whether the proposed Regulations were the best way to make the changes or whether a bespoke Bill (primary legislation) could be developed to address all issues in one go.

The Department determined that it remained committed to the Tynwald resolution to complete the modernisation of the existing Regulations as far as these Regulations would permit, noting that there would be plans for further reform within the Reform Bill. This would ensure that the necessary changes were made as soon as possible.

The Department also considered the practicality of setting up a new Independent Review Body ("IRB") for an interim period, and decided that it would be of greater benefit to the public to move towards setting up an Ombudsman at the earliest opportunity.

Following review of the consultation responses, the Department's preference would be for an Independent Ombudsman to be set up operationally independent from the Department and Manx Care. However, it is not possible to set up such a body under the Regulations; therefore, as an interim solution, it is intended that a Health and Social Care Ombudsman Body will be set up under the Social Services Act 2011.

In March 2022, the Department learned that it did not have the power within the current Acts to make the Regulations that had been drafted and consulted upon. As a result of this, a short Bill has been drafted to amend the Manx Care Act 2021 to give the Department the necessary powers to make the Regulations that had been drafted. It is intended that this Bill will be progressed quickly through the branches of Tynwald in order that the Regulations can be laid before Tynwald in June and July as planned.
After considering the outcomes of this consultation, the Department will draft a Bill and make the Regulations required to implement the proposals.
Work remains outstanding to consider the responses to part 2 of the consultation and develop the additional areas outlined in that consultation including establishing an independent Ombudsman. These will be developed as part of the policy development for the Reform Bill. A public consultation on a draft Reform Bill will take place in due course.

The full consultation response report can be found below.