Explanatory Notes

Health Act 2009

2009 CHAPTER 21

12 November 2009

Commentary on Sections

Part 3 – Miscellaneous

Adult social care

Schedule 5:  Investigation of complaints about privately arranged or funded adult social care

Section 34R: Review, recommendations, advice and guidance and Section 34S: Annual reports

349.Section 34R provides that a Local Commissioner must review the operation of the provisions of Part 3A of the 1974 Act (the provisions of the new scheme). The review must be carried out in the same financial year as the Commission carries out a review of the provisions of Part 3 (already required under section 23(12) of the 1974 Act) so must happen every three years. A Local Commissioner may convey any recommendations or conclusions from this review to government departments or the Care Quality Commission. A Commissioner may also provide good practice advice or guidance to adult social care providers.

350.Section 34S provides that each Local Commissioner must prepare a report on the discharge of their functions for each financial year. The Commission must then prepare an annual report which must be laid before Parliament and which must be published along with the reports from the individual Commissioners.