Local Government Act 1974

[F1 34I Adverse findings notices E+W

(1) This section applies where an adult social care provider receives a statement prepared under section 34H which contains recommendations.

(2) The adult social care provider concerned must—

(a) consider the statement, and

(b) notify the Local Commissioner within the required period of the action which the provider has taken or proposes to take.

(3) The Local Commissioner may by notice require the provider to arrange for an adverse findings notice to be published in accordance with subsections (4) and (5) if the Local Commissioner—

(a) does not receive the notification mentioned in subsection (2)(b) within the required period or is satisfied before the end of that period that the adult social care provider concerned has decided to take no action,

(b) is not satisfied with the action which the provider concerned has taken or proposes to take, or

(c) does not within a period of one month beginning with the end of the required period, or such longer period as the Local Commissioner may agree in writing, receive confirmation that the provider has taken action, as proposed, to the satisfaction of the Local Commissioner.

(4) An adverse findings notice is a notice, in such form as the adult social care provider concerned and the Local Commissioner may agree, consisting of—

(a) details of any action recommended in the statement which the provider has not taken;

(b) such supporting material as the Local Commissioner may require;

(c) if the provider so requires, an explanation of the provider's reasons for having taken no action on, or not the action recommended in, the statement.

(5) The adverse findings notice must be published by the adult social care provider in such manner as the Local Commissioner may direct.

(6) If the adult social care provider—

(a) fails to arrange for the publication of the adverse findings notice in accordance with subsections (4) and (5), or

(b) is unable, within the period of one month beginning with the date on which the provider received the notice under subsection (3), or such longer period as the Local Commissioner may agree in writing, to agree with the Local Commissioner the form of the adverse findings notice to be published,

the Local Commissioner must arrange for an adverse findings notice to be published in such manner as the Local Commissioner considers appropriate.

(7) The adult social care provider concerned must reimburse the Commission on demand any reasonable expenses incurred by the Local Commissioner in performing the duty under subsection (6).

(8) In this section the “required period” means—

(a) the period of one month beginning with the date on which the adult social care provider concerned received the statement, or

(b) such longer period as the Local Commissioner may agree in writing.]

Textual Amendments

F1 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