Recommendation 23

Complaints mechanisms that involve care settings must be clarified and streamlined. All complaints relating to care settings should be investigated either by the LGSCO or by the PHSO, and not by the CQC. Section 120(4) MHA 1983 should be amended accordingly to transfer the duty to investigate complaints related to the Mental Health Act 1983 in England, along with the CQC’s enforcement powers for such investigations and decisions, from the regulator to the LGSCO or the PHSO. This change would help minimise some of the confusion as to which body one should direct complaints, and could better enable the CQC to focus on its monitoring and regulatory role.