Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

Part 2 U.K. Standards

Chapter 9 E+W Complaints

116 Further consideration of representations under the Children Act 1989 E+W

F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) After section 26ZA of that Act (as inserted by subsection (1)) insert—

“26ZB Representations: further consideration (Wales)

(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 Wales under section 24D or section 26.

(2) The regulations may in particular make provision—

(a) for the further consideration of a representation by an independent panel established under the regulations;

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

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

(d) about the making of reports about a representation;

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

(f) for a representation to be referred back to the local authority concerned for reconsideration by the authority.

(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; and

(c) for 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 to a person or body who is further considering a representation under the regulations;

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

(3) In section 26A of that Act (requirement on local authorities to provide assistance for persons making representations under section 24D and section 26), after subsection (2) insert—

“(2A) The duty under subsection (1) includes a duty to make arrangements for the provision of assistance where representations under section 24D or 26 are further considered under section 26ZA or 26ZB.”

Textual Amendments

F1 S. 116(1) repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 18 Pt. 5; S.I. 2007/935, art. 5(ii)

Commencement Information

I1 S. 116 partly in force; s. 116 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I2 S. 116(2) in force at 1.4.2006 by S.I. 2005/3285, art. 2(2)(b)

I3 S. 116(3) in force at 1.4.2006 for W. by S.I. 2005/3285, art. 2(2)(c)