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New Complaints Procedure for Self Funders closes loophole

posted on Monday 15th February 2010

The Health Bill 2009 proposes for the LGO to extend its jurisdiction to cover an independent complaints-handling role in respect of self-funded adult social care. The new service will commence in 2010

The Health Act 2009 – which received Royal Assent in November 2009 – includes a new measure to allow people who fund their own adult social care services to have access to independent consideration of their complaints.

Previously only complaints relating to breach of contract conditions for example could have been dealt with by the Office of Fair Trading.  However, many complaints relate to the quality of care and treatment of vulnerable individuals who previously were excluded form local authority complaints procedures.

The new scheme, being implemented in October 2010, will allow them to take their complaints to the Local Government Ombudsman for independent investigation and will apply to all adult social care providers regulated by the Care Quality Commission.


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