Section 50 Failings by English local authoritiesI1

England and Wales

(1)

This section applies where the Commission conducts a review under section 46 F1, 46A F2or 46B F3..., 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 F4... 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.

F5(3A)

Nothing in subsection (2) prevents a report published under section 46(1)(c), 46A(1)(c), 46B(1)(c) or 48(4) from specifying respects in which the Commission considers a local authority to be failing and making recommendations to the local authority for addressing the failure.

(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.

Annotations

Textual amendments

F1: Word in s. 50(1) inserted (1.4.2023) by Health and Care Act 2022 (c. 31), ss. 163(5), 186(6); S.I. 2023/371, reg. 2(e)
F2: Words in s. 50(1) inserted (1.4.2023) by Health and Care Act 2022 (c. 31), ss. 31(4), 186(6); S.I. 2023/371, reg. 2(b)
F3: Words in s. 50(1) omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 91(9)(a), 127(1); S.I. 2014/1714, art. 4
F4: Words in s. 50(2) omitted (1.4.2023) by virtue of Health and Care Act 2022 (c. 31), ss. 165(3)(a), 186(6); S.I. 2023/371, reg. 2(g)
F5: S. 50(3A) substituted for s. 50(3)(4) (1.4.2023) by Health and Care Act 2022 (c. 31), ss. 165(3)(b), 186(6); S.I. 2023/371, reg. 2(g)

Commencement

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

Notes on Part 1

Modifications

C1: Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 17(4)(c) (5)(b)
C2: Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 14(4)(c)
C3: Pt. 1 modified (E.W.) (6.4.2015) by Care Act 2014 (c. 23), ss. 57(1), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)
C4: Pt. 1 modified (E.W.) (6.4.2015) by Care Act 2014 (c. 23), ss. 57(1)(2), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)

Notes on Chapter 3

Modifications

C1: Pt. 1 Ch. 3 modified by 2004 c. 17, s. 10(1) (as substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), arts. 1(1), 15)