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72 Review of studies and research | |
(1) The CSCI may review— | |
(a) studies and research undertaken by others in relation to the provision | |
of English local authority social services; | |
(b) the methods used in such studies and research; and | 5 |
(c) the validity of the conclusions drawn from such studies and research. | |
(2) Where the CSCI conducts a review under this section it must publish such | |
report as it thinks appropriate. | |
73 Annual reviews | |
(1) In each financial year the CSCI must conduct a review of the English local | 10 |
authority social services which are provided by, or pursuant to arrangements | |
made by, each local authority in England. | |
(2) After conducting a review under subsection (1) in respect of a local authority | |
the CSCI must award a performance rating to that authority. | |
(3) The CSCI is to exercise its functions under this section by reference to criteria | 15 |
from time to time devised by it and approved by the Secretary of State. | |
(4) The CSCI must publish the criteria devised and approved from time to time | |
under subsection (3). | |
(5) The CSCI is to exercise its function under this section in any financial year in | |
accordance with any timetable specified in relation to that year by the Secretary | 20 |
of State. | |
(6) In exercising its functions under this section the CSCI must take into account | |
guidance issued to local authorities under section 7 of the Local Authority | |
Social Services Act 1970 (c. 42). | |
(7) In exercising its functions under this section in relation to the functions | 25 |
referred to in section 43(3)(a) and (b) of the Care Standards Act 2000 (c. 14) | |
(adoption and fostering functions), the CSCI must take into account the | |
standards prepared and published from time to time under section 23 of that | |
Act. | |
(8) For the purposes of this section, the CSCI may carry out an inspection of— | 30 |
(a) the local authority being reviewed; | |
(b) any person providing an English local authority social service pursuant | |
to arrangements made by the authority. | |
74 Other reviews and investigations | |
(1) The CSCI has the function of conducting other reviews of, and investigations | 35 |
into, the provision of English local authority social services. | |
(2) The CSCI may in particular under this section conduct— | |
(a) a review of the overall provision of English local authority social | |
services; | |
(b) a review of the provision of any English local authority social service of | 40 |
a particular description; or | |
(c) a review of, or investigation into, the provision of any English local | |
authority social service by a particular person or persons. | |
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(3) If the Secretary of State so requests, the CSCI must conduct— | |
(a) a review under subsection (2)(a); | |
(b) a review under subsection (2)(b) of an English local authority social | |
service of such description as may be specified in the request; or | |
(c) a review or investigation under subsection (2)(c) in relation to the | 5 |
provision of such services as may be specified in the request by such | |
person, or persons of such description, as may be so specified. | |
(4) In exercising its function under this section the CSCI must take into account | |
guidance issued to local authorities under section 7 of the Local Authority | |
Social Services Act 1970 (c. 42). | 10 |
(5) In exercising its function under this section in relation to the functions referred | |
to in section 43(3)(a) and (b) of the Care Standards Act 2000 (c. 14) (adoption | |
and fostering functions), the CSCI must take into account the standards | |
prepared and published from time to time under section 23 of that Act. | |
(6) For the purposes of this section, the CSCI may carry out an inspection of— | 15 |
(a) any local authority in England; | |
(b) any other person providing an English local authority social service. | |
(7) Where the CSCI conducts a review or investigation under this section, it must | |
publish such report as it thinks appropriate. | |
75 Failings | 20 |
(1) This section applies where the CSCI conducts— | |
(a) a review under section 73; or | |
(b) a review or investigation under section 74. | |
(2) If under section 73 the CSCI awards the lowest performance rating to a local | |
authority, the CSCI must— | 25 |
(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 | 30 |
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 | 35 |
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 | 40 |
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. | |
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(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 74 in relation to the authority; | |
and | 5 |
(b) include in its report under subsection (5) of that section a report on such | |
matters as the Secretary of State may specify. | |
Other functions | |
76 Studies as to economy, efficiency etc | |
(1) The CSCI may promote or undertake comparative or other studies designed to | 10 |
enable it to make recommendations— | |
(a) for improving economy, efficiency and effectiveness in the discharge | |
by local authorities in England of their social services functions; | |
(b) for improving the management of such local authorities in their | |
discharge of those functions. | 15 |
(2) The CSCI may also promote or undertake studies designed to enable it to | |
prepare reports as to the impact of— | |
(a) the operation of any particular statutory provisions, or | |
(b) any directions or guidance given by a Minister of the Crown (whether | |
pursuant to any such provision or otherwise), | 20 |
on economy, efficiency and effectiveness in the discharge by local authorities | |
in England of their social services functions. | |
(3) For the purposes of this section the CSCI may carry out an inspection of any | |
local authority in England. | |
(4) The CSCI must publish— | 25 |
(a) any recommendations made by it under subsection (1); | |
(b) at least a summary of the result of any studies under this section. | |
(5) The CSCI must, on request, provide the Comptroller and Auditor General with | |
any material relevant to a study under this section. | |
77 Joint working with Audit Commission | 30 |
(1) The CSCI and the Audit Commission may (without prejudice to any other | |
power they may have to do so) exercise jointly their respective functions under | |
section 76 and sections 33 and 34 of the Audit Commission Act 1998 (c. 18). | |
(2) The CSCI and the Audit Commission must co-operate with each other with | |
respect to the exercise of their respective functions under section 76 and | 35 |
sections 33 and 34 of the Audit Commission Act 1998. | |
(3) The Secretary of State may give guidance to the CSCI and the Audit | |
Commission as to which of them should promote or undertake studies which | |
could be promoted or undertaken by either of them. | |
(4) The CSCI and the Audit Commission must take any such guidance into | 40 |
account in the exercise of their functions. | |
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78 Additional functions | |
The CSCI is to have such additional functions as may be prescribed in relation | |
to the provision of English local authority social services. | |
Supplementary | |
79 Criteria | 5 |
The Secretary of State may, after consulting the CSCI, make regulations | |
requiring the CSCI— | |
(a) to devise and publish statements of the criteria to be used in the exercise | |
of any of its functions under this Chapter (other than section 73); and | |
(b) to obtain the consent of the Secretary of State before publishing any | 10 |
such statement. | |
80 Fees | |
(1) The CSCI may from time to time make and publish provision requiring a local | |
authority in England to pay a fee in respect of the exercise by the CSCI, in | |
relation to that authority, of such of its functions under section 73, 74 or 76 as | 15 |
may be prescribed. | |
(2) The amount of a fee payable by virtue of provision under subsection (1) shall | |
be such as may be specified in, or calculated or determined under, the | |
provision. | |
(3) Provision under subsection (1) may include provision— | 20 |
(a) for different fees to be paid in different cases, or classes of case; | |
(b) for different fees to be paid by persons of different descriptions; | |
(c) for the amount of a fee to be determined by the CSCI in accordance with | |
specified factors; | |
(d) for the time by which a fee must be paid. | 25 |
(4) The Secretary of State may by regulations make provision as to— | |
(a) the manner in which provision under subsection (1) is to be made and | |
published; | |
(b) the matters to be taken into account by the CSCI before making the | |
provision. | 30 |
(5) Before making any provision under subsection (1) the CSCI must consult such | |
persons as appear to it appropriate. | |
(6) The Secretary of State may by regulations make provision for an independent | |
person or panel to review the amount chargeable under subsection (1) in any | |
particular case and, if that person or panel thinks fit, to substitute a lesser | 35 |
amount for that amount. | |
(7) For the purpose of determining the fee payable by a local authority under | |
subsection (1) it must provide the CSCI with such information, in such form, as | |
the CSCI may require. | |
(8) A fee payable by virtue of this section may, without prejudice to any other | 40 |
method of recovery, be recovered summarily as a civil debt. | |
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