Part 1The Care Quality Commission

Chapter 3Quality of health and social care

Reviews and investigations

50Failings by English local authorities

(1)

This section applies where the Commission conducts a review under section 46 F1, 46A F2or 46B F3..., or a review or investigation under section 48, in respect of an English local authority.

(2)

If the Commission considers that the local authority is failing to discharge any of its adult social services functions to an acceptable standard, then F4... the Commission 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.

F5(3A)

Nothing in subsection (2) prevents a report published under section 46(1)(c), 46A(1)(c), 46B(1)(c) or 48(4) from specifying respects in which the Commission considers a local authority to be failing and making recommendations to the local authority for addressing the failure.

(5)

If the Commission recommends that the Secretary of State should take special measures in relation to the local authority, the Commission must, if the Secretary of State so requests—

(a)

conduct a further review under section 48 in relation to the authority, and

(b)

include in its report under subsection (4) of that section a report on such matters as the Secretary of State may specify.