Part III Local Authority Support for Children and Families

Secure accommodation

F126ZARepresentations: further consideration

(1)

The Secretary of State may by regulations make provision for the further consideration of representations which have been considered by a local authority in England under section 24D or section 26.

(2)

The regulations may in particular make provision—

(a)

for the further consideration of a representation by the Commission for Social Care Inspection (“the CSCI”);

(b)

for a representation to be referred by the CSCI for further consideration by an independent panel established under the regulations;

(c)

about the procedure to be followed on the further consideration of a representation;

(d)

for the making of recommendations about the action to be taken as the result of a representation;

(e)

about the making of reports about a representation;

(f)

about the action to be taken by the local authority concerned as a result of the further consideration of a representation;

(g)

for a representation to be referred by the CSCI back to the local authority concerned for reconsideration by the authority;

(h)

for a representation or any matter raised by the representation to be referred by the CSCI—

(i)

to a Local Commissioner in England for him to consider whether to investigate the representation or matter under Part 3 of the Local Government Act 1974 as if it were a complaint duly made under section 26 of that Act; or

(ii)

to any other person or body for him or it to consider whether to take any action otherwise than under the regulations.

(3)

The regulations may require—

(a)

the making of a payment, in relation to the further consideration of a representation under this section, by any local authority in respect of whose functions the representation is made;

(b)

any such payment to be—

(i)

made to such person or body as may be specified in the regulations;

(ii)

of such amount as may be specified in, or calculated or determined under, the regulations;

(c)

an independent panel to review the amount chargeable under paragraph (a) in any particular case and, if the panel thinks fit, to substitute a lesser amount.

(4)

The regulations may also—

(a)

provide for different parts or aspects of a representation to be treated differently;

(b)

require the production of information or documents in order to enable a representation to be properly considered;

(c)

authorise the disclosure of information or documents relevant to a representation—

(i)

to a person or body who is further considering a representation under the regulations; or

(ii)

to a Local Commissioner in England (when a representation is referred to him under the regulations);

and any such disclosure may be authorised notwithstanding any rule of common law that would otherwise prohibit or restrict the disclosure.

(5)

In this section, “Local Commissioner in England” means a Local Commissioner under Part 3 of the Local Government Act 1974 (c. 7), who is a member of the Commission for Local Administration in England.