F1Part 3AInvestigation of complaints about privately arranged or funded adult social care
Private adult social care: matters subject to investigation
34EMatters coming to attention of Local Commissioner
1
This section applies to a matter which has come to the attention of a Local Commissioner if—
a
the matter came to the Local Commissioner's attention during the course of an investigation under Part 3 or this Part,
b
(subject to subsection (3)) the matter came to the Local Commissioner's attention—
i
before the person affected or that person's personal representatives had notice of the matter, or
ii
in any other case, before the end of the permitted period, and
c
it appears to the Local Commissioner that a member of the public has, or may have, suffered injustice in consequence of the matter.
2
In subsection (1)(b)(ii), “the permitted period” means the period of 12 months beginning with—
a
the day on which the person affected first had notice of the matter, or
b
if the person affected has died without having notice of the matter, the day on which the personal representatives of the person affected first had notice of the matter.
3
A Local Commissioner may disapply the requirement in subsection (1)(b) in relation to a particular matter.
Pt. 3A inserted (1.10.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 5 para. 2; S.I. 2010/1863, art. 2