Part 1Children’s social care

Regulation of children’s homes, fostering agencies etc

15Power of CIECSS to impose monetary penalties

(1)

The Care Standards Act 2000 is amended as follows.

(2)

After section 30ZB insert—

“Power of CIECSS to impose monetary penalties

30ZCPower of CIECSS to impose monetary penalties

(1)

The CIECSS may impose a monetary penalty on a person if the CIECSS is satisfied on the balance of probabilities that the person has failed to comply with—

(a)

an improvement plan notice served on the person under section 23A,

(b)

the requirement imposed by section 23B(5) (implementation of improvement plans), or

(c)

the requirement imposed by section 23B(8)(modification of improvement plans to name another senior manager).

(2)

The CIECSS may impose a monetary penalty on a person if—

(a)

the CIECSS is satisfied beyond reasonable doubt that an act or omission of the person constitutes an offence under this Part, and

(b)

the act or omission relates to an establishment or agency for which the CIECSS is the registration authority.

(3)

The CIECSS may not impose a monetary penalty under subsection (2) if—

(a)

the person has been convicted of an offence under this Part in respect of the act or omission,

(b)

criminal proceedings for an offence under this Part in respect of the act or omission have been instituted against the person and the proceedings have not been concluded, or

(c)

criminal proceedings for an offence under this Part in respect of the act or omission have been concluded and the person has not been convicted of the offence.

(4)

If the CIECSS has under subsection (2) imposed a monetary penalty on a person in respect of an act or omission (and the penalty has not been cancelled), the person may not be convicted of an offence under this Part in respect of it.

(5)

See Schedule 1A for further provision about monetary penalties under this section.

(6)

In this section references to an offence under this Part include an offence under regulations made under this Part.

30ZDCIECSS monetary penalties: publication of information

The Secretary of State may by regulations make provision requiring the CIECSS to publish information about monetary penalties imposed under section 30ZC, which may include information identifying—

(a)

the persons on whom penalties were imposed,

(b)

the dates they were imposed,

(c)

the grounds for imposing them, and

(d)

their amounts.”

(3)

In section 14(1) (grounds for cancelling registration) after paragraph (b) insert—

“(ba)

on the ground that a monetary penalty has been imposed on the person under section 30ZC;”.

(4)

In section 21 (appeals to Tribunal) after subsection (6) insert—

“(7)

Subsection (1) does not apply to a decision of the CIECSS—

(a)

to impose a monetary penalty under section 30ZC;

(b)

as to the amount of such a penalty.”

(5)

In the italic heading before section 30ZA, after “notices” insert “(Wales)”.

(6)

In section 30A (matters of which the CIECSS must notify local authorities)—

(a)

in subsection (2), after paragraph (b) insert—

“(ba)

has served on P, or a parent undertaking of P, a penalty notice under paragraph 3 of Schedule 1A (monetary penalties);”;

(b)

in subsection (7), after the definition of “electronically” insert—

““parent undertaking” has the same meaning as in section 23A(10);”.