Part 1

The Care Quality Commission
Chapter 3

Quality of health and social care

Reviews and investigations

Failings by English local authorities
50
1
This section applies where the Commission conducts a review under section 46 , 46A or 46B ..., 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 ... 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.
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.
S. 50 in force at 1.4.2009 by S.I. 2009/462, art. 2(1), Sch. 1 para. 18
Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 14(4)(c)
Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 17(4)(c) (5)(b)
Pt. 1 Ch. 3 modified by 2004 c. 17, s. 10(1) (as substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), arts. 1(1), 15)
Words in s. 50(1) omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 91(9)(a), 127(1); S.I. 2014/1714, art. 4
Pt. 1 modified (E.W.) (6.4.2015) by Care Act 2014 (c. 23), ss. 57(1), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)
Pt. 1 modified (E.W.) (6.4.2015) by Care Act 2014 (c. 23), ss. 57(1)(2), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)
S. 50(3A) substituted for s. 50(3)(4) (1.4.2023) by Health and Care Act 2022 (c. 31), ss. 165(3)(b), 186(6); S.I. 2023/371, reg. 2(g)
Words in s. 50(2) omitted (1.4.2023) by virtue of Health and Care Act 2022 (c. 31), ss. 165(3)(a), 186(6); S.I. 2023/371, reg. 2(g)
Word in s. 50(1) inserted (1.4.2023) by Health and Care Act 2022 (c. 31), ss. 163(5), 186(6); S.I. 2023/371, reg. 2(e)
Words in s. 50(1) inserted (1.4.2023) by Health and Care Act 2022 (c. 31), ss. 31(4), 186(6); S.I. 2023/371, reg. 2(b)