Part 9

The Commission for Local Administration in England

Power of Commissioners to make recommendations etc
176
1
Section 31 of the Local Government Act 1974 (c. 7)
(further provisions about reports on investigations) is amended as follows.
2
For subsection (1) substitute—
1
This section applies where a Local Commissioner reports that there has been—
a
maladministration in connection with the exercise of the authority's administrative functions,
b
a failure in a service which it was the function of an authority to provide, or
c
a failure to provide such a service.
3
For subsection (2B) substitute—
2B
Where the report relates to maladministration, those recommendations are recommendations with respect to action which, in the Local Commissioner's opinion, the authority concerned should take—
a
to remedy any injustice sustained by the person affected in consequence of the maladministration, and
b
to prevent injustice being caused in the future in consequence of similar maladministration in connection with the exercise of the authority's administrative functions.
2BA
Where the report relates to a failure in, or to provide, a service which it was the function of the authority to provide, those recommendations are recommendations with respect to action which, in the Local Commissioner's opinion, the authority concerned should take—
a
to remedy any injustice sustained by the person affected in consequence of the failure, and
b
to prevent injustice being caused in the future in consequence of a similar failure in, or to provide, a service which it is the function of the authority to provide.
4
In subsection (3)(b), for “maladministration” substitute “ the maladministration or failure ”.
S. 176 in force at 1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008 by S.I. 2008/917, art. 2(1)(i) (with art. 6(5))