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Regulation 16: Receiving and acting on complaints
Health and Social Care Act 2008 (Regulated Activities) Regulations 2014: Regulation 16
The intention of this regulation is to make sure that people can make a complaint about their care and treatment. To meet this regulation providers must have an effective and accessible system for identifying, receiving, handling and responding to complaints from people using the service, people acting on their behalf or other stakeholders. All complaints must be investigated thoroughly and any necessary action taken where failures have been identified.
When requested to do so, providers must provide CQC with a summary of complaints, responses and other related correspondence or information.
CQC can prosecute providers for a breach of the part of this regulation that relates to the provision of information to CQC about a complaint within 28 days when requested to do so. CQC can move directly to prosecution without first serving a Warning Notice. In addition, CQC may take any other regulatory action in response to breaches of this regulation. See the offences section for more detail.
CQC must refuse registration if providers cannot satisfy us that they can and will continue to comply with this regulation.
The regulation in full
16.—
- Any complaint received must be investigated and necessary and proportionate action must be taken in response to any failure identified by the complaint or investigation.
- The registered person must establish and operate effectively an accessible system for identifying, receiving, recording, handling and responding to complaints by service users and other persons in relation to the carrying on of the regulated activity.
- The registered person must provide to the Commission, when requested to do so and by no later than 28 days beginning on the day after receipt of the request, a summary of—
- complaints made under such complaints system,
- responses made by the registered person to such complaints and any further correspondence with the complainants in relation to such complaints, and
- any other relevant information in relation to such complaints as the Commission may request.
Guidance
Component of the regulation |
Providers must have regard to the following guidance |
16(1) Any complaint received must be investigated and necessary and proportionate action must be taken in response to any failure identified by the complaint or investigation. |
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16(2) The registered person must establish and operate effectively an accessible system for identifying, receiving, recording, handling and responding to complaints by service users and other persons in relation to the carrying on of the regulated activity. |
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16(3) The registered person must provide to the Commission, when requested to do so and by no later than 28 days beginning on the day after receipt of the request, a summary of— (a) complaints made under such complaints system, (b) responses made by the registered person to such complaints and any further correspondence with the complainants in relation to such complaints, and (c) any other relevant information in relation to such complaints as the Commission may request. |
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Related legislation
Related guidance
Complaints
For all services
Complaints in the NHS (Department of Health guidance)
Complaints matter (Care Quality Commission, December 2014)
MIND – complaining about health and social care
Principles of good complaint handling (Parliamentary and Health Service Ombudsman)
Good practice standards for NHS complaints handling (Patients Association, September 2013)
Complaints guides (Social Care Institute for Excellence)
Complaints resources for adult social care (Local Government and Social Care Ombudsman)
Ombudsman decisions: adult care services (Local Government and Social Care Ombudsman)
Annual review of adult social care complaints (Local Government and Social Care Ombudsman)
Good practice standards for NHS complaints handling (Patients Association, September 2013)
Data protection
For all services
ICO guidance on data protection (Information Commissioner's Office)
Dignity and respect
For all services
Dignity in Care – SCIE guide 15 (Social Care Institute for Excellence, June 2010 (updated May 2013))
General resource
For all services
NHS Constitution for England 2013
NHS England Accessible Information
- Last updated:
- 08 October 2018