1.2 Explain regulatory requirements, codes of practice and guidance for managing concerns and complaints

Qualification: Level 4 Certificate in Principles of Leadership and Management for Adult Care (RQF)
Unit: Unit 16: Managing Concerns and Complaints in Adult Care
Learning outcome: 1 Understand the management of concerns and complaints
Assessment criteria: 1.2 Explain regulatory requirements, codes of practice and guidance for managing concerns and complaints

• Health and Social Care Act 2008 (Regulated Activities) Regulations 2014: This act requires all care providers to have an effective system in place for identifying, receiving, recording, handling, and responding to complaints from service users or any other person.
• Care Quality Commission (CQC): The CQC sets out the standards that all adult social care services in England must meet. This includes having an effective complaints-handling process in place and a system to learn and make improvements based on complaints and feedback.
• Local Government and Social Care Ombudsman (LGSCO): The LGSCO provides guidance on good practices in handling complaints and can investigate complaints about adult social care providers.
• The Social Care Institute for Excellence (SCIE): SCIE offers best practice guidance on handling complaints and feedback in adult social care settings.
• General Data Protection Regulation (GDPR) and Data Protection Act 2018: These laws require complaints and concerns to be handled in a way that respects the privacy and confidentiality of the individual raising the complaint.
• Equality Act 2010: It requires service providers to ensure that no one is discriminated against when making a complaint. The complaints procedure should be accessible to everyone, regardless of their age, gender, race, religion, disability, or sexual orientation.
• Code of Conduct for Healthcare Support Workers and Adult Social Care Workers in England: The code, set by the professional standards authority, includes a requirement for care workers to respect and uphold the rights of service users, which includes the right to make a complaint.
• Public Interest Disclosure Act 1998 (Whistleblowing): It protects workers who raise concerns about wrongdoing or malpractice within their organisation. In a care setting, this could be a concern about unsafe care, neglect, or abuse.
• Mental Capacity Act 2005: Care supervisors should consider the individual’s capacity to understand and participate in the complaints process and make any necessary accommodations for individuals who lack capacity.
• All these regulatory requirements and codes of practice underline the importance of dealing with concerns and complaints effectively and promptly to maintain high standards of care. A care supervisor should be aware of these requirements and ensure their team adheres to them.