(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.
Commencement Information
I1S. 81 partly in force; s. 81 in force at Royal Assent for certain purposes, see s. 199(1)(4)