SCHEDULE 6OTHER CONTRACTUAL TERMS

PART 6COMPLAINTS

Complaints procedure87

The contractor must have arrangements in place which operate in accordance with section 15 of the Patient Rights (Scotland) Act 2011129, and any regulations or directions made under F1that section.

Co-operation with investigations88

1

The contractor must co-operate with—

a

any investigation of a complaint in relation to any matter reasonably connected with the provision of services under the contract undertaken by—

i

the Health Board; or

ii

the Scottish Public Services Ombudsman;

b

any investigation of a complaint by a NHS body or local authority which relates to a patient or former patient of the contractor.

2

In sub-paragraph (1)—

  • “NHS body” means, in Scotland, any Health Board or Special Health Board or the Agency, in England and Wales, F2NHS England or a Local Health Board, and, in Northern Ireland a Health and Social Care trust or Regional Health and Social Care Board;

  • “local authority” means—

    1. a

      a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (constitution of councils)131;

    2. b

      any of the bodies listed in section 1 of the Local Authority Social Services Act 1970 (local authorities)132;

    3. c

      the Council of the Isles of Scilly; or

    4. d

      a council of a county or county borough in Wales.

3

The co-operation required by sub-paragraph (1) includes—

a

answering questions reasonably put to the contractor by the NHS body, local authority or Scottish Public Services Ombudsman;

b

providing any information relating to the complaint reasonably required by the NHS body, local authority or Scottish Public Services Ombudsman; and

c

attending any meeting to consider the complaint (if held at a reasonably accessible place and at a reasonable hour, and due notice has been given) if the contractor’s presence at the meeting is reasonably required by the NHS body, local authority or Scottish Public Services Ombudsman.