Explanatory Notes

Commentary on Sections

Part 9: the Commission for Local Administration in England

Introduction

Section 176: Power of Commissioners to make recommendations etc

430.Where a Local Commissioner produces a report, section 31 of the Local Government Act 1974 requires the authority concerned to consider the report and, within 3 months, to notify the Local Commissioner of the action which it proposes to take. If the Local Commissioner is not satisfied with the authority’s response, he is required to make a further report recommending action to be taken.

431.At present, section 31 only applies where a Local Commissioner reports that injustice has been caused to a person. Subsection (2) of section 176 extends section 31 so that it applies where a Local Commissioner reports that there has been maladministration, or a failure in, or to provide, a service, even if no injustice has resulted.

432.Subsection (3) of this section extends a Local Commissioner’s existing powers to make recommendations for action which an authority should take to remedy a matter and prevent its recurrence to cover recommendations about a failure in a service or a failure to provide a service, in line with the changes to the Commissioners’ jurisdiction made in section 173.