Local Government Act 1974

[F1 34H Statements about investigations E+W

(1) A Local Commissioner must prepare a written statement in accordance with subsections (2) to (4) if the Local Commissioner—

(a) decides not to investigate a matter under this Part,

(b) decides to discontinue such an investigation, or

(c) completes such an investigation.

(2) In a case falling within subsection (1)(a) or (b), the statement must set out the Local Commissioner's reasons for the decision.

(3) In a case falling within subsection (1)(c), the statement must—

(a) set out the Local Commissioner's conclusions on the investigation, and

(b) include any recommendations the Local Commissioner considers it appropriate to make.

(4) The recommendations the Local Commissioner may make are recommendations with respect to action which, in the Local Commissioner's opinion, the adult social care provider concerned should take—

(a) to remedy any injustice sustained by the person affected in consequence of the action of the provider which was the subject of the investigation, and

(b) to prevent injustice being caused in the future in consequence of similar action of the provider.

(5) The Local Commissioner must send a copy of a statement prepared under this section to each of the persons concerned.

(6) The persons concerned are—

(a) the complainant (if any);

(b) the adult social care provider concerned;

(c) any person who is alleged in the complaint (if any) to have taken or authorised the action which was the subject of the investigation;

(d) any person who otherwise appears to the Local Commissioner to have taken or authorised such action.

(7) The Local Commissioner may send a copy of a statement prepared under this section to—

(a) the Care Quality Commission, and

(b) any local authority which appears to the Commissioner to have an interest in the subject matter of the statement.

(8) The statement must identify the adult social care provider concerned unless—

(a) the provider is an individual, or a particular individual would, in the opinion of the Local Commissioner, be likely to be identified as a result of identifying the provider, and

(b) the Local Commissioner considers that it is not appropriate for the individual to be identified.

(9) The statement must not—

(a) mention the name of any person other than the provider, or

(b) contain any particulars which, in the opinion of the Local Commissioner, are likely to identify any other person and can be omitted without impairing the effectiveness of the statement,

unless, after taking into account the public interest as well as the interests of that person, the complainant (if any) and of other persons, the Local Commissioner considers it necessary to mention the name of that person or to include in the statement any such particulars.]

Textual Amendments

F1 Pt. 3A inserted (1.10.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 5 para. 2; S.I. 2010/1863, art. 2