National Care Service: Charter and the Law

6 Upholding your rights - feedback and complaints section

6.1 ‘You have rights to express your views about your care and support. You should expect that your views will be listened to and respected.’

6.1.1 In a health context, section 3 (3) of the Patient Rights (Scotland) Act 2011 provides the right for patients to give feedback or comments, or raise concerns or complaints about health care received.

6.1.2 In a social work context, section 12A(1)(b)(ii) of the Social Work (Scotland) Act 1968 states that the views of a person whose needs are being assessed should be taken into account “so far as it is reasonable to do so” and “provided that there is a wish” “to express a view”.

6.1.3 In a children’s services context, Article 12 of the United Nations Convention on the Rights of the Child (which is incorporated in domestic law by the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024) provides a child who is capable of forming his or her own views the right to express those views freely in all matters affecting them and for these to be given due weight.

6.1.4 Article 10 of the European Convention on Human Rights (which is incorporated in domestic law by the Human Rights Act 1998) provides the right to freedom of expression and to “impart information and ideas without interference by public authority, subject to any restrictions which are prescribed by law and necessary in a democratic society”.

6.2 ‘All care services must have a complaints procedure in place and must provide details of this when requested. They have a duty to ensure any complaint raised under their complaints procedure is fully investigated. All public sector services must follow the Scottish Public Services Ombudsman rules for handling complaints.’

6.2.1 In a social work, children’s services and social care context, regulation 18(1) and (3) of The Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 2011 stipulates all providers of social services must establish a procedure for considering complaints and must ensure any complaint made under this procedure is fully investigated. They must provide a written copy of their complaint procedure to all service users, and to any representative if requested.

6.2.2 In a health context, section 15(2) and (3) of the Patient Rights (Scotland) Act 2011 stipulates that each NHS body must have arrangements in place for handling and responding to complaints and must publicise how to make a complaint.

6.2.3 In a public sector context, section 16A(2) of the Scottish Public Service Ombudsman Act 2002 states that certain public services must have a complaints handling procedure in respect of any action taken by them. Section 16B(1) enables the Scottish Public Service Ombudsman to publish model complaint handling procedures (MCHP) and section 16C(2) stipulates the public service must ensure their complaint procedure complies with this, where it is relevant to them.

6.2.4 In a regulatory body context, section 79(1) and (2) of the Public Services Reform (Scotland) Act 2010 states the Care Inspectorate must establish a complaint procedure to receive complaints about care provided or provision of care services generally. The complaint procedure must be available for a person to use regardless of whether a complaint to the service provider has been pursued.