Health and Social Care (Community Health and Standards) Act 2003

Provision of social services

76 Introductory

(1) The CSCI has the general function of encouraging improvement in the provision of English local authority social services.

(2) In exercising its functions under subsection (1) and sections 77 to 81 in relation to the provision of such services the CSCI shall be concerned in particular with—

(a) the availability of, and access to, the services;

(b) the quality and effectiveness of the services;

(c) the management of the services;

(d) the economy and efficiency of their provision and their value for money;

(e) the availability and quality of information provided to the public about the services;

(f) the need to safeguard and promote the rights and welfare of children; and

(g) the effectiveness of measures taken by local authorities for the purpose specified in paragraph (f).

77 Information and advice

(1) The CSCI is to keep the Secretary of State informed about the provision of English local authority social services.

(2) The CSCI may at any time give advice to the Secretary of State on any matter connected with the provision of English local authority social services.

(3) The CSCI may in particular under subsection (2) give advice to the Secretary of State on any changes which it thinks should be made, for the purpose of securing improvement in the quality of services provided by local authorities in England in the exercise of the functions referred to in section 43(3)(a) and (b) of the Care Standards Act 2000 (c. 14) (adoption and fostering functions), in the standards prepared and published from time to time under section 23 of that Act.

(4) When requested to do so by the Secretary of State, the CSCI must give him advice or information on such matters connected with the provision of English local authority social services as may be specified in the request.

(5) The CSCI may give advice to the Secretary of State or any local authority in England about the establishment or conduct of any inquiry held, or to be held, by the Secretary of State or the authority in relation to the provision of English local authority social services.

78 Review of studies and research

(1) The CSCI may review—

(a) studies and research undertaken by others in relation to the provision of English local authority social services;

(b) the methods used in such studies and research; and

(c) the validity of the conclusions drawn from such studies and research.

(2) Where the CSCI conducts a review under this section it must publish a report.

79 Annual reviews

(1) In each financial year the CSCI must conduct a review of the English local authority social services which are provided by, or pursuant to arrangements made by, each local authority in England.

(2) After conducting a review under subsection (1) in respect of a local authority the CSCI must award a performance rating to that authority.

(3) The CSCI is to exercise its functions under this section by reference to criteria from time to time devised by it and approved by the Secretary of State.

(4) The CSCI must publish the criteria devised and approved from time to time under subsection (3).

(5) The CSCI is to exercise its functions under this section in any financial year in accordance with any timetable specified in relation to that year by the Secretary of State.

(6) In exercising its functions under this section the CSCI must take into account guidance issued to local authorities under section 7 of the Local Authority Social Services Act 1970 (c. 42).

(7) In exercising its functions under this section in relation to the functions referred to in section 43(3)(a) and (b) of the Care Standards Act 2000 (c. 14) (adoption and fostering functions), the CSCI must take into account the standards prepared and published from time to time under section 23 of that Act.

(8) For the purposes of this section, the CSCI may carry out an inspection of—

(a) the local authority being reviewed;

(b) any person providing an English local authority social service pursuant to arrangements made by the authority.

(9) The Secretary of State may, after consulting the CSCI, by regulations make provision as to the procedure to be followed in respect of the making of representations to the CSCI before the award of a performance rating under this section.

80 Other reviews and investigations

(1) The CSCI has the function of conducting other reviews of, and investigations into, the provision of English local authority social services.

(2) The CSCI may in particular under this section conduct—

(a) a review of the overall provision of English local authority social services;

(b) a review of the provision of any English local authority social service of a particular description; or

(c) a review of, or investigation into, the provision of any English local authority social service by a particular person or persons.

(3) If the Secretary of State so requests, the CSCI must conduct—

(a) a review under subsection (2)(a);

(b) a review under subsection (2)(b) of an English local authority social service of such description as may be specified in the request; or

(c) a review or investigation under subsection (2)(c) in relation to the provision of such services as may be specified in the request by such person, or persons of such description, as may be so specified.

(4) In exercising its function under this section the CSCI must take into account guidance issued to local authorities under section 7 of the Local Authority Social Services Act 1970 (c. 42).

(5) In exercising its function under this section in relation to the functions referred to in section 43(3)(a) and (b) of the Care Standards Act 2000 (c. 14) (adoption and fostering functions), the CSCI must take into account the standards prepared and published from time to time under section 23 of that Act.

(6) For the purposes of this section, the CSCI may carry out an inspection of—

(a) any local authority in England;

(b) any other person providing an English local authority social service.

(7) Where the CSCI conducts a review or investigation under this section, it must publish a report.

(8) The Secretary of State may, after consulting the CSCI, by regulations make provision as to the procedure to be followed in respect of the making of representations to the CSCI before the publication of a report under this section.

81 Failings

(1) This section applies where the CSCI conducts—

(a) a review under section 79; or

(b) a review or investigation under section 80.

(2) If under section 79 the CSCI awards the lowest performance rating to a local authority, the CSCI must—

(a) inform the Secretary of State of that fact; and

(b) recommend any special measures which it considers the Secretary of State should take.

(3) If (in a case where subsection (2) does not apply) the CSCI considers that a local authority in England is failing to discharge any of its social services functions to an acceptable standard, it must—

(a) inform the Secretary of State of that fact; and

(b) recommend any special measures which it considers the Secretary of State should take.

(4) However, in a case falling within subsection (3), if the CSCI considers that the failure is not substantial, it may instead—

(a) give the local authority a notice under subsection (5); and

(b) inform the Secretary of State that it has done so.

(5) A notice under this subsection is a notice which specifies—

(a) the respects in which the CSCI considers that the local authority is failing;

(b) the action which the CSCI considers the authority should take to remedy the failure; and

(c) the time by which the CSCI considers the action should be taken.

(6) Where under subsection (2)(b) or (3)(b) the CSCI has recommended that the Secretary of State take special measures in relation to a local authority, the CSCI must, if the Secretary of State so requests—

(a) undertake a further review under section 80 in relation to the authority; and

(b) include in its report under subsection (7) of that section a report on such matters as the Secretary of State may specify.

(7) The Secretary of State may, after consulting the CSCI, by regulations make provision as to the procedure to be followed in respect of the making of representations to the CSCI before the publication of a report under this section.