Office of Public Sector Information
PART 2 continued CHAPTER 7 continued
(5) The CSCI may at any time give advice to the Secretary of State on—
(a) any changes which the CSCI thinks should be made, for the purpose of securing improvement in the quality of registered social care services provided in England, in the standards set out in statements under section 23;
(b) any other matter connected with the provision in England of registered social care services.
(6) In the exercise of its functions under this Act the CSCI must have particular regard to the need to safeguard and promote the rights and welfare of children.
(7) The Secretary of State may by regulations confer additional functions on the CSCI in relation to the provision in England of registered social care services.
(8) In this section, “registered social care services” means services of the kind provided by persons for whom the CSCI is the registration authority.”
(1) The Care Standards Act 2000 (c. 14) is amended as follows.
(2) After section 113 insert—
(1) The CHAI and the CSCI may each from time to time make and publish provision determining the amount of any fee payable to it under Part 2.
(2) Provision under subsection (1) may include provision—
(a) for different amounts to be payable in different cases, or classes of case;
(b) for different amounts to be payable by persons of different descriptions.
(3) Before the CHAI or the CSCI makes any provision under subsection (1) it must consult such bodies as appear to it to be representative of the persons liable to pay the fee.
(4) No provision may be made under subsection (1) without the consent of the Secretary of State.
(5) If the Secretary of State considers it necessary or desirable to do so, he may by regulations make provision determining the amount of a fee payable to the CHAI or the CSCI under Part 2 instead of the amount for which provision is made under subsection (1).
(6) Before making any regulations under subsection (5) in respect of fees payable to the CHAI or the CSCI, the Secretary of State shall consult that body and such other persons as appear to him to be appropriate.”
(3) In section 12 (applications for registration), in subsection (2), for “a fee of the prescribed amount” substitute “a fee of the amount determined under section 113A, where the registration authority is the CHAI or the CSCI, or of the prescribed amount, where the registration authority is the Assembly.”
(4) In section 15 (other applications), in subsection (3) for “a fee of such amount as may be prescribed” substitute “a fee of—
(a) the amount determined under section 113A, where the registration authority is the CHAI or the CSCI; or
(b) the prescribed amount, where the registration authority is the Assembly.”
(5) In that section, in subsection (5)—
(a) for “subsection (3)” substitute “subsection (3)(b)”; and
(b) for “the registration authority” substitute “the Assembly”.
(6) In section 16 (regulations about registration), for subsection (3) substitute—
“(3) Persons registered under this Part must also pay to the registration authority, at such time as may be prescribed, an annual fee—
(a) of such amount as may be determined under section 113A, where the registration authority is the CHAI or the CSCI; and
(b) of such amount as may be prescribed, where the registration authority is the Assembly.”
(7) In section 22(7)(i) (fees in respect of notification of variation of corporate ownership etc), for the words from “of a fee” to the end substitute “, in respect of any notification required to be made by virtue of paragraph (h), of a fee of—
(i) such amount as may be determined under section 113A, where notification is made to the CHAI or the CSCI; or
(ii) the prescribed amount, where notification is made to the Assembly”.
In section 2(5) of the Care Standards Act 2000 (c. 14) (an “independent medical agency” does not include an independent clinic), after “clinic” insert “or an independent hospital”.
(1) In section 4 of the Care Standards Act 2000 (c. 14) (basic definitions), in subsection (8)(a) (references to a description of establishment), after “children’s home” insert “, a children’s home providing accommodation for the purpose of restricting liberty,”.
(2) In section 22 of that Act (regulations), in subsection (8) (regulations relating to children’s homes)—
(a) omit paragraph (a), and
(b) in paragraph (b), for “mentioned in paragraph (a)” substitute “of restricting liberty”.
(1) Section 31 of the Care Standards Act 2000 (inspections by persons authorised by registration authority) is amended as follows.
(2) After subsection (1), insert—
“(1A) The power under subsection (1) to require the provision of information includes—
(a) power to require the provision of copies of any documents or records (including medical and other personal records); and
(b) in relation to records kept by means of a computer, power to require the provision of the records in legible form.”
(3) In subsection (3)—
(a) in paragraph (b), for “(other than medical records)” substitute “(including medical and other personal records)”; and
(b) in paragraph (d), for “employed” substitute “working”.
(4) In subsection (6), omit “and inspect any medical records relating to his treatment in the establishment”.
In section 8 of the Care Standards Act 2000 (general functions of the Assembly), at the end insert—
“(6) The Assembly must have particular regard to the need to safeguard and promote the rights and welfare of children in the exercise of—
(a) its functions exercisable by virtue of section 5(b) and subsections (1) to (3) of this section; and
(b) any other functions exercisable by the Assembly corresponding to functions exercisable by the CSCI in relation to England.”
The functions of the National Care Standards Commission under section 87 of the Children Act 1989 (c. 41) (welfare of children accommodated in boarding schools and colleges) are transferred to the CSCI.
In section 87 of the Children Act 1989, after subsection (9) insert—
“(9A) Where the Commission or the National Assembly for Wales exercises the power conferred by subsection (5) in relation to a child, it must publish a report on whether the child’s welfare is adequately safeguarded and promoted while he is accommodated by the school or college.
(9B) Where the Commission or the National Assembly for Wales publishes a report under this section, it must—
(a) send a copy of the report to the school or college concerned; and
(b) make copies of the report available for inspection at its offices by any person at any reasonable time.
(9C) Any person who requests a copy of a report published under this section is entitled to have one on payment of such reasonable fee (if any) as the Commission or the National Assembly for Wales (as the case may be) considers appropriate.”
(1) The CSCI and the Secretary of State may make arrangements for the CSCI to conduct inspections of secure training centres in England.
(2) Inspections under this section shall be on such terms, including terms as to payment of the CSCI, as the CSCI and Secretary of State may agree in the arrangements.
(3) In this section, “secure training centre” has the same meaning as in section 43(1)(d) of the Prison Act 1952 (c. 52).
(1) The Secretary of State may by regulations make provision about the handling and consideration of complaints made under the regulations about—
(a) the exercise of any of the functions of an English NHS body or a cross-border SHA;
(b) the provision of health care by or for such a body;
(c) the provision of services by such a body or any other person in pursuance of arrangements made by the body under section 31 of the Health Act 1999 (c. 8) in relation to the exercise of the health-related functions of a local authority.
(2) The Assembly may by regulations make provision about the handling and consideration of complaints made under the regulations about—
(a) the exercise of any of the functions of a Welsh NHS body;
(b) the provision of health care by or for a Welsh NHS body;
(c) the provision of services by a Welsh NHS body or any other person in pursuance of arrangements made by the body under section 31 of the Health Act 1999 in relation to the exercise of the health-related functions of a local authority.
(3) Regulations under this section may provide for a complaint to be considered by one or more of the following—
(a) an NHS body;
(b) the CHAI;
(c) an independent lay person;
(d) an independent panel established under the regulations;
(e) any other person or body.
(4) Regulations under this section may make provision for a complaint or any matter raised by a complaint—
(a) to be referred to a Health Service Commissioner for him to consider whether to investigate the complaint or matter under the Health Service Commissioners Act 1993 (c. 46) (and to be treated by him as a complaint duly referred to him under section 10 of that Act);
(b) to be referred to any other person or body for him or it to consider whether to take any action otherwise than under the regulations.
(1) The Secretary of State may by regulations make provision about the handling and consideration of complaints made under the regulations about—
(a) the discharge by a local authority in England of any of its social services functions;
(b) the provision of services by another person pursuant to arrangements made by such an authority in the discharge of those functions;
(c) the provision of services by such an authority or any other person in pursuance of arrangements made by the authority under section 31 of the Health Act 1999 in relation to the functions of an NHS body (within the meaning of that section).
(2) Regulations under subsection (1) may provide for a complaint to be considered by one or more of the following—
(a) the local authority in respect of whose functions the complaint is made;
(b) the CSCI;
(c) an independent panel established under the regulations;
(d) any other person or body.
(3) The Assembly may by regulations make provision about the handling and consideration of complaints made under the regulations about—
(a) the discharge by a local authority in Wales of any of its social services functions;
(b) the provision of services by another person pursuant to arrangements made by such an authority in the discharge of those functions;
(c) the provision of services by such an authority or any other person in pursuance of arrangements made by the authority under section 31 of the Health Act 1999 (c. 8) in relation to the functions of an NHS body (within the meaning of that section).
(4) Regulations under subsection (3) may provide for a complaint to be considered by one or more of the following—
(a) the local authority in respect of whose functions the complaint is made;
(b) an independent panel established under the regulations;
(c) any other person or body.
(5) Regulations under this section may provide for a complaint or any matter raised by a complaint—
(a) in the case of regulations under subsection (1), to be referred to a Local Commissioner under Part 3 of the Local Government Act 1974 (c. 7) who is a member of the Commission for Local Administration in England for him to consider whether to investigate the complaint or matter under that Part (and to be treated as if it had been duly made under section 26 of that Act);
(b) in the case of regulations under subsection (3), to be referred to a Local Commissioner under Part 3 of the Local Government Act 1974 who is a member of the Commission for Local Administration in Wales for him to consider whether to investigate the complaint or matter under that Part (and to be treated as if it had been duly made under section 26 of that Act);
(c) to be referred to any other person or body for him or it to consider whether to take any action otherwise than under the regulations.
(6) Regulations under this section may not make provision about complaints capable of being considered as representations under section 24D or section 26 of the Children Act 1989 (c. 41).
(1) Regulations under subsection (1) or (2) of section 113 or under subsection (1) or (3) of section 114 (“the regulations”) may, without prejudice to the generality of the subsection under which they are made, make the following provision.
(2) The regulations may make provision about—
(a) the persons who may make a complaint;
(b) the complaints which may, or may not, be made under the regulations;
(c) the persons to whom complaints may be made;
(d) complaints which need not be considered;
(e) the period within which complaints must be made;
(f) the procedure to be followed in making, handling and considering a complaint;
(g) matters which are excluded from consideration;
(h) the making of a report or recommendations about a complaint;
(i) the action to be taken as a result of the complaint.
(3) The regulations may require—
(a) the making of a payment, in relation to the consideration of a complaint under the regulations, by any person or body in respect of whom the complaint is made;
(b) any such payment to be—
(i) made to such person or body as may be specified in the regulations; and
(ii) of such amount as may be specified in, or calculated or determined under, the regulations;
(c) an independent panel to review the amount chargeable under paragraph (a) in any particular case and, if the panel thinks fit, to substitute a lesser amount.
(4) The regulations may require any person or body who handles or considers complaints under the regulations to make information available to the public about the procedures to be followed under the regulations.
(5) The regulations may also—
(a) provide for different parts or aspects of a complaint to be treated differently;
(b) require the production of information or documents in order to enable a complaint to be properly considered;
(c) authorise the disclosure of information or documents relevant to a complaint to a person or body—
(i) who is considering a complaint under the regulations; or
(ii) to whom a complaint has been referred;
and any such disclosure may be authorised notwithstanding any rule of common law that would otherwise prohibit or restrict the disclosure.
(6) The regulations may make provision about complaints which raise both matters falling to be considered under the regulations and matters falling to be considered under other statutory complaints procedures, including in particular provision for—
(a) enabling such a complaint to be made under the regulations; and
(b) securing that matters falling to be considered under other statutory complaints procedures are treated as if they had been raised in a complaint made under the appropriate procedures;
and in this subsection “statutory complaints procedures” means procedures established by or under any enactment.
(1) In the Children Act 1989 (c. 41), after section 26 (representations) insert—
(1) The Secretary of State may by regulations make provision for the further consideration of representations which have been considered by a local authority in England under section 24D or section 26.
(2) The regulations may in particular make provision—
(a) for the further consideration of a representation by the Commission for Social Care Inspection (“the CSCI”);
(b) for a representation to be referred by the CSCI for further consideration by an independent panel established under the regulations;
(c) about the procedure to be followed on the further consideration of a representation;
(d) for the making of recommendations about the action to be taken as the result of a representation;
(e) about the making of reports about a representation;
(f) about the action to be taken by the local authority concerned as a result of the further consideration of a representation;
(g) for a representation to be referred by the CSCI back to the local authority concerned for reconsideration by the authority;
(h) for a representation or any matter raised by the representation to be referred by the CSCI—
(i) to a Local Commissioner in England for him to consider whether to investigate the representation or matter under Part 3 of the Local Government Act 1974 as if it were a complaint duly made under section 26 of that Act; or
(ii) to any other person or body for him or it to consider whether to take any action otherwise than under the regulations.
(3) The regulations may require—
(a) the making of a payment, in relation to the further consideration of a representation under this section, by any local authority in respect of whose functions the representation is made;
(b) any such payment to be—
(i) made to such person or body as may be specified in the regulations;
(ii) of such amount as may be specified in, or calculated or determined under, the regulations;
(c) an independent panel to review the amount chargeable under paragraph (a) in any particular case and, if the panel thinks fit, to substitute a lesser amount.
(4) The regulations may also—
(a) provide for different parts or aspects of a representation to be treated differently;
(b) require the production of information or documents in order to enable a representation to be properly considered;
(c) authorise the disclosure of information or documents relevant to a representation—
(i) to a person or body who is further considering a representation under the regulations; or
(ii) to a Local Commissioner in England (when a representation is referred to him under the regulations);
and any such disclosure may be authorised notwithstanding any rule of common law that would otherwise prohibit or restrict the disclosure.
(5) In this section, “Local Commissioner in England” means a Local Commissioner under Part 3 of the Local Government Act 1974 (c. 7), who is a member of the Commission for Local Administration in England.”
(2) After section 26ZA of that Act (as inserted by subsection (1)) insert—
(1) The Secretary of State may by regulations make provision for the further consideration of representations which have been considered by a local authority in Wales under section 24D or section 26.
(2) The regulations may in particular make provision—
(a) for the further consideration of a representation by an independent panel established under the regulations;
(b) about the procedure to be followed on the further consideration of a representation;
(c) for the making of recommendations about the action to be taken as the result of a representation;
(d) about the making of reports about a representation;
(e) about the action to be taken by the local authority concerned as a result of the further consideration of a representation;
(f) for a representation to be referred back to the local authority concerned for reconsideration by the authority.
(3) The regulations may require—
(a) the making of a payment, in relation to the further consideration of a representation under this section, by any local authority in respect of whose functions the representation is made;
(b) any such payment to be—
(i) made to such person or body as may be specified in the regulations;
(ii) of such amount as may be specified in, or calculated or determined under, the regulations; and
(c) for an independent panel to review the amount chargeable under paragraph (a) in any particular case and, if the panel thinks fit, to substitute a lesser amount.
(4) The regulations may also—
(a) provide for different parts or aspects of a representation to be treated differently;
(b) require the production of information or documents in order to enable a representation to be properly considered;
(c) authorise the disclosure of information or documents relevant to a representation to a person or body who is further considering a representation under the regulations;
and any such disclosure may be authorised notwithstanding any rule of common law that would otherwise prohibit or restrict the disclosure.”
(3) In section 26A of that Act (requirement on local authorities to provide assistance for persons making representations under section 24D and section 26), after subsection (2) insert—
“(2A) The duty under subsection (1) includes a duty to make arrangements for the provision of assistance where representations under section 24D or 26 are further considered under section 26ZA or 26ZB.”
(1) In section 26 of the Children Act 1989 (c. 41) (representations), after subsection (3B) insert—
“(3C) The duty under subsection (3) extends to any representations (including complaints) which are made to the authority by—
(a) a child with respect to whom a special guardianship order is in force,
(b) a special guardian or a parent of such a child,
(c) any other person the authority consider has a sufficient interest in the welfare of such a child to warrant his representations being considered by them, or
(d) any person who has applied for an assessment under section 14F(3) or (4),
about the discharge by the authority of such functions under section 14F as may be specified by the Secretary of State in regulations.”
(2) Section 14G of that Act (special guardianship support services: representations) shall cease to have effect.
In section 3 of the Health Service Commissioners Act 1993 (c. 46) (remit of Commissioners), after subsection (1D) insert—
“(1E) Where a complaint is duly made to a Commissioner by or on behalf of a person that the person has sustained injustice or hardship in consequence of maladministration by any person or body in the exercise of any function under section 113 of the Health and Social Care (Community Health and Standards) Act 2003 (complaints about health care), the Commissioner may, subject to the provisions of this Act, investigate the alleged maladministration.”
In section 31 of the Data Protection Act 1998 (c. 29) (regulatory activity) at the end insert—
“(6) Personal data processed for the purpose of the function of considering a complaint under section 113(1) or (2) or 114(1) or (3) of the Health and Social Care (Community Health and Standards) Act 2003, or section 24D, 26, 26ZA or 26ZB of the Children Act 1989, are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of that function.”
(1) The CHAI and the CSCI must co-operate with each other where it seems to them appropriate to do so for the efficient and effective discharge of their respective functions.
(2) The CHAI and the CSCI must, in prescribed circumstances, consult each other in relation to the proposed exercise of their functions.
(3) The CHAI and the CSCI may each delegate to the other any of its functions to be exercised by the other on its behalf.
(4) The CHAI and the CSCI may, subject to such conditions as may be prescribed, enter into arrangements for the pooling of financial resources whenever they consider it appropriate to do so.
Health and Social Care (Community Health and Standards) Act 2003