Health and Social Care Act 2008

50 Failings by English local authorities E+W

(1) This section applies where the Commission conducts a review under section 46 or 49, or a review or investigation under section 48, in respect of an English local authority.

(2) If the Commission considers that the local authority is failing to discharge any of its adult social services functions to an acceptable standard, then subject to subsection (3) the Commission 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 the Commission considers that the failure is not substantial, it may instead—

(a) give the local authority a notice under subsection (4), and

(b) inform the Secretary of State that it has done so.

(4) A notice under this subsection is a notice which specifies—

(a) the respects in which the Commission considers that the local authority is failing,

(b) the action which the Commission considers the local authority should take to remedy the failure, and

(c) the time by which the Commission considers the action should be taken.

(5) If the Commission recommends that the Secretary of State should take special measures in relation to the local authority, the Commission must, if the Secretary of State so requests—

(a) conduct a further review under section 48 in relation to the authority, and

(b) include in its report under subsection (4) of that section a report on such matters as the Secretary of State may specify.

Commencement Information

I1 S. 50 in force at 1.4.2009 by S.I. 2009/462, art. 2(1), Sch. 1 para. 18