The Local Involvement Networks Regulations 2008

Local authority arrangements

2.—(1) The arrangements made by a local authority under section 221(1) of the Act must require that the local involvement network arrangements made pursuant to those local authority arrangements include provision that a local involvement network must—

(a) before making any relevant decisions, have and publish the required procedures;

(b) if any amendments are made to a required procedure, as soon as practicable publish the required procedure as amended;

(c) comply with the required procedures as may be amended from time to time;

(d) within a reasonable time after a relevant decision has been made, publish a written statement of that decision and the reasons for that decision; and

(e) comply with the requirements about authorised representatives in regulation 3.

(2) For the purposes of this regulation a “relevant decision” is a decision of a local involvement network as to—

(a) how the local involvement network is to undertake the relevant section 221 activities;

(b) which care services in relation to which those activities are to be carried out;

(c) the spending of amounts in relation to the local involvement network’s section 221 activities;

(d) whether to request information from a services-provider;

(e) whether to refer a report or a recommendation to a services-provider;

(f) which premises owned or controlled by a services-provider an authorised representative is to enter and view and when those premises are to be visited;

(g) whether to refer a matter to an overview and scrutiny committee of a local authority; or

(h) whether to report a matter concerning one or more of the section 221 activities to another person.

(3) In this regulation—

(a) “Host” means the person with whom the local authority has made local authority arrangements pursuant to which the local involvement network is carrying on section 221 activities;

(b) “relevant section 221 activities”, in relation to a local involvement network, means the section 221 activities that the local involvement network is to carry on pursuant to local authority arrangements;

(c) “required procedures” means—

(i) a procedure for making relevant decisions, including provisions as to who may make such decisions; and

(ii) a procedure for dealing with breaches of the procedure referred to in sub-paragraph (i).

(4) The procedure referred to in paragraph (3)(c)(ii) must include provision setting out the circumstances in which the breach must be referred by the local involvement network to the Host or the relevant local authority