Moved by
Lord Hunt of Kings Heath
144B: After Clause 155, insert the following new Clause—
“Complaints about care services
(1) The Care Quality Commission (CQC) must establish procedures for investigating complaints of conduct which breaches, or potentially breaches, the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (“the regulations”).
(2) In establishing the procedures, CQC must take into account, by regular surveys, the views of—
(a) appropriate representative bodies,
(b) those representing users and their families, and
(c) such other persons or groups of persons as it considers appropriate.
(3) Nothing in this section affects the requirement for registered persons to comply with regulation 16 of the regulations.
(4) Complaints under this section include those made to CQC about regulated care services by users, their relatives or advocates, staff, or other relevant persons.
(5) A user of a service, their relative or advocate may make a complaint directly to CQC.
(6) CQC may, after due consideration, redirect a complaint to the registered person where it is satisfied that the conduct complained of does not constitute a breach of the regulations.
(7) CQC must—
(a) regularly publish a written report which includes examples of breaches of the regulations, and
(b) provide guidance to registered persons and others to illustrate how such complaints can be resolved to the satisfaction of service users, their relatives or advocates, staff or another relevant person.
(8) CQC must regularly review the procedures that it has established under this section.
(9) Procedures established under this section must be made available by the registered person to any person who receives services, or to their relative or advocate.
(10) CQC must publish information about procedures established under this section and take appropriate steps to make the procedures available to any person or group who may require such information.”
Member’s explanatory statement
The amendment requires the Care Quality Commission to establish procedures for investigating complaints of conduct which breaches, or potentially breaches, the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.