Section 29: Notification of matters relating to persons carrying on children’s homes etc
121.This section places a duty on the Chief Inspector or, in Wales, the Welsh Ministers, to notify each local authority in England and Wales when certain enforcement action is taken. The section inserts a new section 30A into the Care Standards Act 2000 to this effect.
122.The enforcement action may be:
a decision to cancel registration;
bringing proceedings for an offence (such as the failure to comply with a notice under new section 22A or other offences as specified in section 30A(7));or
service of a notice restricting accommodation (as provided for in new section 22B).
123.The notification will alert local authorities to the underperformance of a provider. It is intended that, in the case of residential settings, and where a child (or children) in their care is currently provided with accommodation with that provider, local authorities will conduct a review as to whether those placements should continue.
124.Section 30A(3) enables the appropriate national authority to make regulations to specify the circumstances in which local authorities should be advised of an updated position (e.g. a prosecution is no longer proceeded with or a provider has successfully appealed a decision to cancel registration).
125.Section 30A(4) enables the making of regulations specifying the information to be contained in the notification (e.g. the name of the provider and of the relevant establishment or agency).
126.Section 30A(5) provides that a notification under this section may be transmitted electronically (as defined in subsection (7) of that section) if the local authority has consented to this arrangement.
