Health and Social Care (Community Health and Standards) Act 2003

Chapter 5E+WSocial services: functions of CSCI

Provision of social servicesE+W

79Annual reviewsE+W

(1)In each financial year the CSCI must conduct a review of the English local authority social services which are provided by, or pursuant to arrangements made by, each local authority in England.

(2)After conducting a review under subsection (1) in respect of a local authority the CSCI must award a performance rating to that authority.

(3)The CSCI is to exercise its functions under this section by reference to criteria from time to time devised by it and approved by the Secretary of State.

(4)The CSCI must publish the criteria devised and approved from time to time under subsection (3).

(5)The CSCI is to exercise its functions under this section in any financial year in accordance with any timetable specified in relation to that year by the Secretary of State.

(6)In exercising its functions under this section the CSCI must take into account guidance issued to local authorities under section 7 of the Local Authority Social Services Act 1970 (c. 42).

(7)In exercising its functions under this section in relation to the functions referred to in section 43(3)(a) and (b) of the Care Standards Act 2000 (c. 14) (adoption and fostering functions), the CSCI must take into account the standards prepared and published from time to time under section 23 of that Act.

(8)For the purposes of this section, the CSCI may carry out an inspection of—

(a)the local authority being reviewed;

(b)any person providing an English local authority social service pursuant to arrangements made by the authority.

(9)The Secretary of State may, after consulting the CSCI, by regulations make provision as to the procedure to be followed in respect of the making of representations to the CSCI before the award of a performance rating under this section.

80Other reviews and investigationsE+W

(1)The CSCI has the function of conducting other reviews of, and investigations into, the provision of English local authority social services.

(2)The CSCI may in particular under this section conduct—

(a)a review of the overall provision of English local authority social services;

(b)a review of the provision of any English local authority social service of a particular description; or

(c)a review of, or investigation into, the provision of any English local authority social service by a particular person or persons.

(3)If the Secretary of State so requests, the CSCI must conduct—

(a)a review under subsection (2)(a);

(b)a review under subsection (2)(b) of an English local authority social service of such description as may be specified in the request; or

(c)a review or investigation under subsection (2)(c) in relation to the provision of such services as may be specified in the request by such person, or persons of such description, as may be so specified.

(4)In exercising its function under this section the CSCI must take into account guidance issued to local authorities under section 7 of the Local Authority Social Services Act 1970 (c. 42).

(5)In exercising its function under this section in relation to the functions referred to in section 43(3)(a) and (b) of the Care Standards Act 2000 (c. 14) (adoption and fostering functions), the CSCI must take into account the standards prepared and published from time to time under section 23 of that Act.

(6)For the purposes of this section, the CSCI may carry out an inspection of—

(a)any local authority in England;

(b)any other person providing an English local authority social service.

(7)Where the CSCI conducts a review or investigation under this section, it must publish a report.

(8)The Secretary of State may, after consulting the CSCI, by regulations make provision as to the procedure to be followed in respect of the making of representations to the CSCI before the publication of a report under this section.

81FailingsE+W

(1)This section applies where the CSCI conducts—

(a)a review under section 79; or

(b)a review or investigation under section 80.

(2)If under section 79 the CSCI awards the lowest performance rating to a local authority, the CSCI 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.

(3)If (in a case where subsection (2) does not apply) the CSCI considers that a local authority in England is failing to discharge any of its social services functions to an acceptable standard, it 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.

(4)However, in a case falling within subsection (3), if the CSCI considers that the failure is not substantial, it may instead—

(a)give the local authority a notice under subsection (5); and

(b)inform the Secretary of State that it has done so.

(5)A notice under this subsection is a notice which specifies—

(a)the respects in which the CSCI considers that the local authority is failing;

(b)the action which the CSCI considers the authority should take to remedy the failure; and

(c)the time by which the CSCI considers the action should be taken.

(6)Where under subsection (2)(b) or (3)(b) the CSCI has recommended that the Secretary of State take special measures in relation to a local authority, the CSCI must, if the Secretary of State so requests—

(a)undertake a further review under section 80 in relation to the authority; and

(b)include in its report under subsection (7) of that section a report on such matters as the Secretary of State may specify.

(7)The Secretary of State may, after consulting the CSCI, by regulations make provision as to the procedure to be followed in respect of the making of representations to the CSCI before the publication of a report under this section.

Other functionsE+W

82Studies as to economy, efficiency etcE+W

(1)The CSCI has the function of promoting or undertaking comparative or other studies designed to enable it to make recommendations—

(a)for improving economy, efficiency and effectiveness in the discharge by local authorities in England of their social services functions;

(b)for improving the management of such local authorities in their discharge of those functions.

(2)The CSCI may also promote or undertake studies designed to enable it to prepare reports as to the impact of—

(a)the operation of any particular statutory provisions, or

(b)any directions or guidance given by a Minister of the Crown (whether pursuant to any such provision or otherwise),

on economy, efficiency and effectiveness in the discharge by local authorities in England of their social services functions.

(3)For the purposes of this section the CSCI may carry out an inspection of any local authority in England.

(4)The CSCI must publish—

(a)any recommendations made by it under subsection (1);

(b)the result of any studies under this section.

(5)The Secretary of State may, after consulting the CSCI, by regulations make provision as to the procedure to be followed in respect of the making of representations to the CSCI before the publication of any recommendations or the result of any studies under this section.

(6)The CSCI must, on request, provide the Comptroller and Auditor General with any material relevant to a study under this section.

84Additional functionsE+W

The CSCI is to have such additional functions as may be prescribed in relation to the provision of English local authority social services.

SupplementaryE+W

85CriteriaE+W

The Secretary of State may, after consulting the CSCI, make regulations requiring the CSCI—

(a)to devise and publish statements of the criteria to be used in the exercise of any of its functions under this Chapter (other than section 79);

(b)to consult any person specified in the regulations before publishing any such statement; and

(c)to obtain the consent of the Secretary of State before publishing any such statement.

86FeesE+W

(1)The CSCI may from time to time make and publish provision requiring a local authority in England to pay a fee in respect of the exercise by the CSCI, in relation to that authority or to an English local authority social service provided by, or pursuant to arrangements made by, that authority, of such of its functions under section 79, 80 or 82 as may be prescribed.

(2)The amount of a fee payable by virtue of provision under subsection (1) shall be such as may be specified in, or calculated or determined under, the provision.

(3)Provision under subsection (1) may include provision—

(a)for different fees to be paid in different cases, or classes of case;

(b)for different fees to be paid by persons of different descriptions;

(c)for the amount of a fee to be determined by the CSCI in accordance with specified factors;

(d)for the time by which a fee must be paid.

(4)The Secretary of State may by regulations make provision as to—

(a)the manner in which provision under subsection (1) is to be made and published;

(b)the matters to be taken into account by the CSCI before making the provision.

(5)Before making any provision under subsection (1) the CSCI must consult such persons as appear to it appropriate.

(6)The Secretary of State may by regulations make provision for an independent person or panel to review the amount chargeable under subsection (1) in any particular case and, if that person or panel thinks fit, to substitute a lesser amount for that amount.

(7)For the purpose of determining the fee payable by a local authority under subsection (1) it must provide the CSCI with such information, in such form, as the CSCI may require.

(8)A fee payable by virtue of this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.

91Power to require explanationE+W

(1)The Secretary of State may by regulations make provision requiring prescribed persons to provide to the CSCI, or to persons authorised by it, an explanation of—

(a)any documents, records or items inspected, copied or provided under sections 88 to 90,

(b)any information provided under those sections, or

(c)any matters which are the subject of the exercise of any functions of the CSCI under this Chapter,

in cases where the CSCI considers the explanation necessary or expedient for the purposes of this Chapter.

(2)Regulations under subsection (1) may require explanations to be provided at such times and places as may be specified by the CSCI.

(3)Any person who without reasonable excuse fails to comply with any requirement imposed by virtue of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.