Legalize / United Kingdom / Public General Act

Local Government Act 1974

Type Public General Act

Publication 1974-02-08

Last updated 2023-12-26

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(c) it appears to the Local Commissioner that a member of the public has, or may have, suffered injustice in consequence of the matter.

(2) In subsection (1)(b)(ii), “the permitted period” means the period of 12 months beginning with—

(a) the day on which the person affected first had notice of the matter, or

(b) if the person affected has died without having notice of the matter, the day on which the personal representatives of the person affected first had notice of the matter.

(3) A Local Commissioner may disapply the requirement in subsection (1)(b) in relation to a particular matter.

Procedure in respect of investigations.

Reports on investigations.

Consideration of adverse reports.

Law of defamation, and disclosure of information.

Consideration of adverse reports.

Publication of reports etc by Commissioners

31B

(1) A Local Commissioner may—

(a) publish all or part of a report or statement under section 30,

(b) publish all or part of a report under section 31,

(d) publish a summary of a matter which is the subject of a report or statement under section 30 or 31,

if, after taking into account the public interest as well as the interests of the complainant (if any) and of other persons, he considers it appropriate to do so.

(2) A Local Commissioner may—

(a) supply a copy of all or part of a report, statement or summary mentioned in subsection (1) to any person who requests it, and

(b) charge a reasonable fee for doing so.

(3) Subsection (3) of section 30 applies to—

(a) any part of a statement under section 30, and

(b) any part of a summary of a matter,

that is published, or a copy of which is supplied, under this section as it applies to a report prepared under section 30.

Law of defamation

Removal or relaxation of controls affecting certain local authority functions.

2A

A Local Commissioner shall be disqualified for being appointed to a paid office by an authority to which Part 3 of this Act applies—

(a) while the categories of matter for which the Local Commissioner has responsibility pursuant to section 23(8A) include—

(i) matters relating to the authority, or

(ii) matters of a description which may include matters relating to the authority, and

(b) for three years after the Local Commissioner ceases to have responsibility for such matters pursuant to section 23(8A).

Delegation

13

(1) Any function of a Commissioner may be discharged on the Commissioner's behalf—

(a) by any person authorised by the Commissioner to do so, and

(b) to the extent so authorised.

(2) Sub-paragraph (1) does not affect the responsibility of the Commissioner for the discharge of the function.

(3) Any function of the Commission may be discharged on the Commission's behalf—

(a) by any person authorised by the Commission to do so, and

(b) to the extent so authorised.

(4) Sub-paragraph (3) does not affect the responsibility of the Commission for the discharge of the function.

In subsection (2), for the words “the prescribed fee” there shall be substituted the words “such fee as appears to the local authority to be appropriate” ; in subsection (5) the words “on payment of the prescribed fee”, in both places where they occur, shall be omitted; in subsection (7) the words “subject to payment of the prescribed fee” shall be omitted; and at the end of the section there shal be added the following subsection :

5A

(1) The Secretary of State must pay to the Commission in respect of each financial year such amount as he determines to be the amount required for the discharge during that year of the functions of the Commission.

(2) A determination under sub-paragraph (1) must be approved by the Treasury.

Delegation

The words from the beginning to “may authorise” shall be omitted ; for the words “to make and recover charges” there shall be substituted the words “may impose such charges as appear to the authority to be appropriate” ; and for the words “any such Order in Council” there shall be substituted the words “ any Order in Council under section 23 of the Prevention of Damage by Pests Act 1949 ”.

Consideration of adverse reports.

Publication of reports etc by Commissioners

Consultation with other Commissioners

Law of defamation

34A

(1) This section applies for the purposes of this Part.

(2) “Adult social care” means social care within the meaning of Part 1 of the Health and Social Care Act 2008 which is provided to persons aged 18 or over.

(3) “Adult social care provider” means a person who carries on an activity which—

(a) involves, or is connected with, the provision of adult social care, and

(b) is a regulated activity within the meaning of Part 1 of the 2008 Act.

(4) Action is to be treated as action taken by an adult social care provider if it is taken by—

(a) a person employed by that provider,

(b) a person acting on behalf of that provider, or

(5) Action is also to be treated as action taken by an adult social care provider if—

(a) that provider provides adult social care by means of an arrangement with another person, and

(b) the action is taken by or on behalf of the other person in carrying out the arrangement.

34B

(1) Under this Part, a Local Commissioner may investigate a matter—

(a) which relates to action taken by an adult social care provider in connection with the provision of adult social care, and

(b) in relation to which Condition 1 or 2 is met.

(2) But a Local Commissioner may not conduct an investigation under this Part in respect of any action or matter described in Schedule 5A.

(3) Condition 1 is met if a complaint about the matter which satisfies sections 34C and 34D has been made to a Local Commissioner.

(4) Any question whether Condition 1 is met in relation to a matter is to be determined by a Local Commissioner.

(5) Condition 2 is met if—

(a) the matter has come to the attention of a Local Commissioner, and

(b) section 34E applies to the matter.

(6) Before investigating a matter under this Part a Local Commissioner must be satisfied that—

(a) the matter has been brought, by or on behalf of the person affected, to the notice of the adult social care provider to which it relates and that that provider has been afforded a reasonable opportunity to investigate the matter and to respond, or

(b) in the particular circumstances, it is not reasonable to expect the matter to be brought to the notice of that provider or for that provider to be afforded a reasonable opportunity to investigate the matter and to respond.

(7) In subsection (6) the reference to a person affected includes a reference to that person's personal representatives.

(8) In deciding whether to initiate, continue or discontinue an investigation, a Local Commissioner must, subject to the provisions of this section and sections 34C to 34E, act in accordance with the Local Commissioner's own discretion.

(9) Without prejudice to the discretion conferred by subsection (8), a Local Commissioner who is satisfied with action which the adult social care provider concerned has taken or proposes to take may in particular decide—

(a) not to investigate a matter, or

(b) to discontinue an investigation of a matter.

(10) Her Majesty may by Order in Council amend Schedule 5A by adding, omitting or changing a description of an action or matter.

(11) A statutory instrument containing an Order in Council made under subsection (10) is subject to annulment in pursuance of a resolution of either House of Parliament.

34C

(1) A complaint about a matter under this Part may only be made—

(a) by a member of the public who claims to have sustained injustice in consequence of the matter (“P”),

(b) by a person authorised in writing by P to act on P's behalf, or

(2) Where a member of the public by whom a complaint about a matter might have been made under this Part (“D”) has died or is otherwise unable to authorise a person to act on D's behalf, the complaint may be made—

(a) by D's personal representatives (if any), or

(b) by a person who appears to a Local Commissioner to be suitable to represent D.

34D

(1) Subject to subsection (3), a complaint about a matter under this Part must be made—

(a) in writing, and

(b) before the end of the permitted period.

(2) In subsection (1)(b), the “permitted period” means the period of 12 months beginning with—

(a) the day on which the person affected first had notice of the matter, or

(b) if the person affected has died without having notice of the matter—

(i) the day on which the personal representatives of the person affected first had notice of the matter, or

(ii) if earlier, the day on which the complainant first had notice of the matter.

(3) A Local Commissioner may disapply either or both of the requirements in subsection (1)(a) and (b) in relation to a particular complaint.

34E

(1) This section applies to a matter which has come to the attention of a Local Commissioner if—

(a) the matter came to the Local Commissioner's attention during the course of an investigation under Part 3 or this Part,

(b) (subject to subsection (3)) the matter came to the Local Commissioner's attention—

(i) before the person affected or that person's personal representatives had notice of the matter, or

(ii) in any other case, before the end of the permitted period, and

(c) it appears to the Local Commissioner that a member of the public has, or may have, suffered injustice in consequence of the matter.

(2) In subsection (1)(b)(ii), “the permitted period” means the period of 12 months beginning with—

(a) the day on which the person affected first had notice of the matter, or

(b) if the person affected has died without having notice of the matter, the day on which the personal representatives of the person affected first had notice of the matter.

(3) A Local Commissioner may disapply the requirement in subsection (1)(b) in relation to a particular matter.

Investigations by a Local Commissioner

34F

(1) A Local Commissioner who proposes to investigate a matter under this Part must give the following persons an opportunity to comment on the matter—

(a) the adult social care provider concerned;

(b) any person who is alleged in the complaint (if any) to have taken or authorised the action which would be the subject of the investigation;

(2) Every investigation under this Part is to be conducted in private.

(3) Subject to subsection (2), the procedure for conducting an investigation is to be such as the Local Commissioner considers appropriate in the circumstances of the case.

(4) The Local Commissioner may, in particular—

(a) obtain information from such persons and in such manner as the Local Commissioner thinks fit,

(b) make such inquiries as the Local Commissioner thinks fit, and

(5) The Local Commissioner may, if the Local Commissioner thinks fit, pay to the person by whom the complaint (if any) was made, and to any other person who attends or furnishes information for the purposes of an investigation under this Part—

(a) sums in respect of the expenses properly incurred by them;

(b) allowances by way of compensation for the loss of their time.

34G

(1) For the purposes of an investigation under this Part a Local Commissioner may require the following persons to furnish information or produce documents relevant to the investigation—

(a) the adult social care provider concerned;

(b) any other person who in the Local Commissioner's opinion is able to furnish any such information or produce any such documents.

(2) Nothing in subsection (1) affects the restriction imposed by section 34X of the PSOWA 2005.

(3) For the purposes of an investigation under this Part a Local Commissioner has the same powers as the High Court in respect of—

(a) the attendance and examination of witnesses, and

(b) the production of documents.

(4) To assist in any investigation, a Local Commissioner may obtain advice from any person who in the Local Commissioner's opinion is qualified to give it.

(5) A Local Commissioner may pay to any such person giving advice such fees or allowances as the Local Commissioner may determine.

(6) A Local Commissioner may appoint and pay a mediator or other appropriate person to assist in the conduct of an investigation under this Part.

(7) Any person appointed under subsection (6) is to be deemed to be an officer of the Commission in carrying out functions under that appointment.

(8) No person may be compelled for the purposes of an investigation under this Part to give any evidence or produce any document which the person could not be compelled to give or produce in civil proceedings before the High Court.

(9) If any person without lawful excuse—

(a) obstructs a Local Commissioner in the performance of the Local Commissioner's functions under this Part,

(b) obstructs any person discharging or assisting in the discharge of those functions, or

(c) is guilty of an act or omission in relation to an investigation under this Part which, if that investigation were a proceeding in the High Court, would constitute contempt of court,

the Local Commissioner may certify the offence to the High Court.

(10) Where an offence is so certified, the High Court may inquire into the matter and, after hearing any witnesses who may be produced against or on behalf of the person charged (“D”), and after hearing any statement that may be offered in defence, deal with D in any manner in which the High Court could deal with D if D had committed the like offence in relation to the High Court.

Statements etc. about investigations

34H

(1) A Local Commissioner must prepare a written statement in accordance with subsections (2) to (4) if the Local Commissioner—

(a) decides not to investigate a matter under this Part,

(b) decides to discontinue such an investigation, or

(2) In a case falling within subsection (1)(a) or (b), the statement must set out the Local Commissioner's reasons for the decision.

(3) In a case falling within subsection (1)(c), the statement must—

(a) set out the Local Commissioner's conclusions on the investigation, and

(b) include any recommendations the Local Commissioner considers it appropriate to make.

(4) The recommendations the Local Commissioner may make are recommendations with respect to action which, in the Local Commissioner's opinion, the adult social care provider concerned should take—

(a) to remedy any injustice sustained by the person affected in consequence of the action of the provider which was the subject of the investigation, and

(b) to prevent injustice being caused in the future in consequence of similar action of the provider.

(5) The Local Commissioner must send a copy of a statement prepared under this section to each of the persons concerned.

(6) The persons concerned are—

(a) the complainant (if any);

(b) the adult social care provider concerned;

(c) any person who is alleged in the complaint (if any) to have taken or authorised the action which was the subject of the investigation;

(d) any person who otherwise appears to the Local Commissioner to have taken or authorised such action.

(7) The Local Commissioner may send a copy of a statement prepared under this section to—

(a) the Care Quality Commission, and

(b) any local authority which appears to the Commissioner to have an interest in the subject matter of the statement.

(8) The statement must identify the adult social care provider concerned unless—

(a) the provider is an individual, or a particular individual would, in the opinion of the Local Commissioner, be likely to be identified as a result of identifying the provider, and

(b) the Local Commissioner considers that it is not appropriate for the individual to be identified.

(9) The statement must not—

(a) mention the name of any person other than the provider, or

(b) contain any particulars which, in the opinion of the Local Commissioner, are likely to identify any other person and can be omitted without impairing the effectiveness of the statement,

unless, after taking into account the public interest as well as the interests of that person, the complainant (if any) and of other persons, the Local Commissioner considers it necessary to mention the name of that person or to include in the statement any such particulars.

34I

(1) This section applies where an adult social care provider receives a statement prepared under section 34H which contains recommendations.

(2) The adult social care provider concerned must—

(a) consider the statement, and

(b) notify the Local Commissioner within the required period of the action which the provider has taken or proposes to take.

(3) The Local Commissioner may by notice require the provider to arrange for an adverse findings notice to be published in accordance with subsections (4) and (5) if the Local Commissioner—

(a) does not receive the notification mentioned in subsection (2)(b) within the required period or is satisfied before the end of that period that the adult social care provider concerned has decided to take no action,

(b) is not satisfied with the action which the provider concerned has taken or proposes to take, or

(c) does not within a period of one month beginning with the end of the required period, or such longer period as the Local Commissioner may agree in writing, receive confirmation that the provider has taken action, as proposed, to the satisfaction of the Local Commissioner.

(4) An adverse findings notice is a notice, in such form as the adult social care provider concerned and the Local Commissioner may agree, consisting of—

(a) details of any action recommended in the statement which the provider has not taken;

(b) such supporting material as the Local Commissioner may require;

(c) if the provider so requires, an explanation of the provider's reasons for having taken no action on, or not the action recommended in, the statement.

(5) The adverse findings notice must be published by the adult social care provider in such manner as the Local Commissioner may direct.

(6) If the adult social care provider—

(a) fails to arrange for the publication of the adverse findings notice in accordance with subsections (4) and (5), or

(b) is unable, within the period of one month beginning with the date on which the provider received the notice under subsection (3), or such longer period as the Local Commissioner may agree in writing, to agree with the Local Commissioner the form of the adverse findings notice to be published,

the Local Commissioner must arrange for an adverse findings notice to be published in such manner as the Local Commissioner considers appropriate.

(7) The adult social care provider concerned must reimburse the Commission on demand any reasonable expenses incurred by the Local Commissioner in performing the duty under subsection (6).

(8) In this section the “required period” means—

(a) the period of one month beginning with the date on which the adult social care provider concerned received the statement, or

(b) such longer period as the Local Commissioner may agree in writing.

34J

(1) A Local Commissioner may—

(a) publish all or part of a statement under section 34H,

(b) arrange for further publication of all or part of an adverse findings notice published under section 34I(3) or (6), or

(c) publish a summary of a matter which is the subject of a statement or adverse findings notice under section 34H or 34I,

if, after taking into account the public interest as well as the interests of the complainant (if any) and of other persons, the Local Commissioner considers it appropriate to do so.

(2) A Local Commissioner may—

(a) supply a copy of all or part of a statement, adverse findings notice or summary mentioned in subsection (1) to any person who requests it, and

(b) charge a reasonable fee for doing so.

(3) Subsections (8) and (9) of section 34H apply to any part of a summary of a matter that is published, or a copy of which is supplied, under this section as they apply to a statement prepared under that section.

34K

(1) Information obtained by a Local Commissioner, or any person discharging or assisting in the discharge of a function of a Local Commissioner, in the course of or for the purposes of an investigation under this Part must not be disclosed except—

(a) for the purposes of the investigation and of any statement, adverse findings notice or summary under section 34H, 34I or 34J,

(b) for the purposes of an investigation under Part 3 and of any report, statement or summary under section 30, 31 or 31B in relation to such an investigation,

(c) for the purposes of a complaint which is being investigated by the Parliamentary Commissioner or the Health Service Commissioner (or both),

(d) for the purposes of any proceedings for an offence under the Official Secrets Acts 1911 to 1989 or sections 1 to 4 or 18 of the National Security Act 2023 alleged to have been committed in respect of information obtained, by virtue of this Part, by a Local Commissioner or by a person discharging or assisting in the discharge of a function of a Local Commissioner,

(e) for the purposes of any proceedings for an offence of perjury alleged to have been committed in the course of an investigation under this Part,

(f) for the purposes of an inquiry with a view to the taking of proceedings of a kind mentioned in paragraph (d) or (e), or

(g) for the purposes of proceedings under section 34G(10).

(2) A Local Commissioner or a person discharging or assisting in the discharge of a function of a Local Commissioner may not be called upon to give evidence in any proceedings (other than proceedings within paragraphs (d), (e) or (g) of subsection (1)) of matters coming to his or her knowledge in the course of an investigation under this Part.

(3) A Local Commissioner must not prepare a statement under section 34H which includes government information unless the Local Commissioner has—

(a) obtained the written consent of an officer of the government department concerned, or

(b) given the department not less than one month's notice in writing of the intention to include the information in a statement.

(4) In subsection (3) “government information” means information disclosed under section 34G(1) which—

(a) is derived from a communication with a government department, and

(b) has not been made public.

(5) Information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 is to be treated for the purposes of subsection (1) as obtained for the purposes of an investigation under this Part and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation has effect as a reference to any investigation.

Disclosure of information by Local Commissioner to Information Commissioner

34L

(1) For the purposes of the law of defamation the following are absolutely privileged—

(a) the publication of any matter in communications between an adult social care provider and a Local Commissioner, or any person discharging or assisting in the discharge of a function of a Local Commissioner, for the purposes of this Part;

(b) the publication of any matter by a Local Commissioner or by any person discharging or assisting in the discharge of a function of a Local Commissioner, in communicating for the purposes of this Part with a person mentioned in subsection (2);

(d) the publication of any matter by inclusion in an adverse findings notice published in accordance with section 34I(3), (4) and (5) or (6);

(e) the publication of any matter by inclusion in a statement, adverse findings notice or summary published or supplied under section 34J;

(f) the publication of any matter contained in a report by a Local Commissioner which has been made available to the public, being publication by inclusion in a report made or published under section 34S.

(2) The persons mentioned in subsection (1)(b) are—

(a) a complainant or the person affected in relation to a matter;

(b) the Parliamentary Commissioner, the Health Service Commissioner or any officer of either such Commissioner;

(d) a local authority.

Arrangements with other Commissioners etc.

34M

(1) Subsection (2) applies if, at any stage in the course of an investigation under this Part, a Local Commissioner forms the opinion that the matters which are the subject of the investigation include a matter which could be the subject of an investigation by—

(a) the Parliamentary Commissioner, in accordance with the PCA 1967;

(b) the Health Service Commissioner, in accordance with the HSCA 1993;

(d) the Public Services Ombudsman for Wales, in accordance with the PSOWA 2005 or the PSOWA 2019.

(2) The Local Commissioner—

(a) must consult with the appropriate Commissioner or Ombdusman about the matter, and

(b) where a complaint was made about the matter must, if the Local Commissioner considers it necessary, inform the person initiating the complaint under this Part of the steps necessary to initiate a complaint under the PCA 1967, the HSCA 1993, the SPSOA 2002 or the PSOWA 2005, as the case may be.

(3) Consultation under subsection (2)(a) in relation to a matter under investigation under this Part may be about anything relating to the matter, including—

(a) the conduct of any investigation into the matter, and

(b) the form, content and publication of any report or statement of the results of or conclusions on such an investigation.

(4) Subsection (5) applies if, at any stage in the course of conducting an investigation under the PCA 1967, the Parliamentary Commissioner forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation under this Part.

(5) The Parliamentary Commissioner—

(a) must consult with the appropriate Local Commissioner about the complaint, and

(b) if the Parliamentary Commissioner considers it necessary, must inform the person initiating the complaint of the steps necessary to initiate a complaint under this Part.

(6) Where a Local Commissioner is consulted about a complaint under the PCA 1967 by virtue of subsection (5), subsection (3) applies (with the necessary modifications) as it applies in relation to consultations held by virtue of subsection (2).

(7) Nothing in the following provisions applies in relation to the disclosure of information in the course of consultations held in accordance with this section—

(a) section 11(2) of the PCA 1967;

(b) section 15 of the HSCA 1993;

(d) section 34X of the PSOWA 2005;

(e) section 34K(1) of this Act.

34N

(1) If, at any stage in the course of an investigation under this Part, a Local Commissioner forms the opinion that the matters which are the subject of the investigation include a matter within the jurisdiction of—

(a) the Parliamentary Commissioner,

(b) the Health Service Commissioner, or

the Local Commissioner may conduct an investigation under this Part jointly with that Commissioner or those Commissioners.

(2) A Local Commissioner must obtain the consent of the person affected or the complainant (if any) before agreeing to a joint investigation referred to in subsection (1).

(3) If a Local Commissioner forms the opinion that a complaint being investigated by—

(a) the Parliamentary Commissioner,

(b) the Health Service Commissioner, or

relates partly to a matter within the Local Commissioner's jurisdiction by virtue of this Part, the Local Commissioner may conduct an investigation under this Part jointly with that Commissioner or those Commissioners.

(4) If a Local Commissioner conducts an investigation jointly with another person, the requirements of section 34H(1)(c) and (5) (so far as relating to a case where the Local Commissioner conducts an investigation under this Part) may be satisfied by a statement or report made jointly with that person.

Removal or relaxation of controls affecting certain local authority functions.

34O

(1) A Local Commissioner may disclose to the Information Commissioner any information obtained by, or furnished to, the Local Commissioner under or for the purposes of this Part if the information appears to the Local Commissioner to relate to—

(a) a matter in respect of which the Information Commissioner could exercise any power conferred by—

(i) sections 142 to 154, 160 to 164 or 174 to 176 of, or Schedule 15 to, the Data Protection Act 2018 (certain provisions relating to enforcement),

(ii) section 48 of the Freedom of Information Act 2000 (practice recommendations), or

(iii) Part 4 of that Act (enforcement), or

(b) the commission of an offence under—

(i) a provision of the Data Protection Act 2018 other than paragraph 15 of Schedule 15 (obstruction of execution of warrant etc), or

(ii) section 77 of the Freedom of Information Act 2000 (offence of altering etc records with intent to prevent disclosure).

(2) Nothing in section 34K(1) applies in relation to the disclosure of information in accordance with this section.

34P

(1) A Local Commissioner may disclose to the Care Quality Commission any information obtained by, or furnished to, the Local Commissioner under or for the purposes of this Part if the information appears to the Local Commissioner to relate to a matter in respect of which the Care Quality Commission has functions under any enactment.

(2) Nothing in section 34K(1) applies in relation to the disclosure of information in accordance with this section.

General

34Q

(1) The Commission must—

(a) divide the matters which may be investigated under this Part into such categories as it considers appropriate, and

(b) allocate, or make arrangements for allocating, responsibility for each category of matter to one or more of the Local Commissioners.

(2) The Commission—

(a) must make arrangements for Local Commissioners to deal with matters for which they do not have responsibility pursuant to subsection (1), and

(b) must publish information about the procedures for making complaints under this Part.

34R

(1) In each financial year in which the Commission conducts a review under section 23(12), it must also review the operation (since the last review was made under this subsection) of the provisions of this Part about the investigation of matters.

(2) The Commission may convey to government departments and the Care Quality Commission any recommendations or conclusions reached in the course of a review under subsection (1).

(3) The Commission may—

(a) provide to adult social care providers or any adult social care provider such advice and guidance about good practice as appears to the Commission to be appropriate, and

(b) arrange for the advice and guidance to be published for the information of the public.

(4) Before providing advice or guidance under subsection (3) the Commission must consult such persons as appear to it to be appropriate.

34S

(1) Every Local Commissioner must for each financial year—

(a) prepare a general report on the discharge of the Local Commissioner's functions under this Part, and

(b) submit it to the Commission not later than 2 months after the end of the year to which it relates.

(2) The Commission must for each financial year prepare a general report on the discharge of its functions under this Part (the “Part 3A annual report”).

(3) The Part 3A annual report must be prepared as soon as may be after the Commission has received the reports for the year from Local Commissioners under subsection (1).

(4) The Commission must arrange for the publication of—

(a) the Part 3A annual report, and

(b) the reports which are submitted under subsection (1).

(5) The Commission must lay a copy of the Part 3A annual report before Parliament.

34T

(1) In this Part—

“adult social care” and “adult social care provider” have the meanings given by section 34A;

“Health Service Commissioner” means the Health Service Commissioner for England;

“the HSCA 1993” means the Health Service Commissioners Act 1993;

“the PCA 1967” means the Parliamentary Commissioner Act 1967;

“person affected”—in relation to a matter which is the subject of a complaint made or to be made under this Part, means a member of the public who claims or is alleged to have sustained injustice in consequence of the matter, andin relation to a matter coming to the attention of a Local Commissioner to which section 34E applies, means the member of the public who the Local Commissioner considers has, or may have, sustained injustice in consequence of the matter;

“the PSOWA 2005” means the Public Services Ombudsman (Wales) Act 2005;

“the PSOWA 2019” means the Public Services Ombudsman (Wales) Act 2019,

“the SPSOA 2002” means the Scottish Public Services Ombudsman Act 2002.

(2) The following terms have the same meaning in this Part as they have in Part 3—

(a) action (and other expressions connoting action) (see section 34);

(b) the Commission (see section 34);

(d) Local Commissioner (see section 23(3));

(e) Parliamentary Commissioner (see section 34).

(3) Section 34(1A) applies for the purposes of this Part as it applies for the purposes of Part 3.

Schedule 5A

1

A matter which could be the subject of an investigation by a Local Commissioner under Part 3.

2

A matter which could be the subject of an investigation by the Health Service Commissioner under the HSCA 1993.

3

The commencement or conduct of civil or criminal proceedings before any court of law.

4

Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters.

Consultation between Local Commissioner, the Parliamentary Commissioner and the Health Service Commissioners and other Commissioners and Ombudsmen.

Disclosure of information by Local Commissioner to Care Quality Commission

Collaborative working between Local Commissioners and other Commissioners

33ZB

(1) Arrangements involving the Commission may be entered into by persons within subsection (4) for the provision of administrative, professional or technical services by any one or more of the parties for any one or more of the parties, whether for consideration or otherwise.

(2) For the purposes of subsection (1), arrangements for the provision of services involve the Commission if the Commission is one of the parties to the arrangements and at least one of the following conditions is met—

(a) the Commission is the party, or one of the parties, by whom the services are to be provided;

(b) the Commission is the party, or one of the parties, to whom the services are to be provided.

(3) The arrangements that may be entered into under subsection (1) include arrangements for—

(a) the Commission, or

(b) the Commission jointly with any one or more of the parties,

to have the function of discharging, on behalf of a party, any function of that party which is of an administrative, professional or technical nature.

(4) The persons within this subsection are—

(a) the Commission,

(b) the Parliamentary Commissioner,

(d) the person administering a scheme approved under Schedule 2 to the Housing Act 1996 (scheme for enabling complaints to be investigated by a housing ombudsman).

Matters subject to investigation.

Procedure in respect of investigations.

Investigations: further provisions.

Law of defamation, and disclosure of information.

Consultation between Local Commissioner, the Parliamentary Commissioner and the Health Service Commissioners and other Commissioners and Ombudsmen.

Arrangements for provision of administrative and other services

Matters subject to investigation.

Procedure for making complaints

Investigations: further provisions.

Reports on investigations.

Law of defamation, and disclosure of information.

Consultation between Local Commissioner, the Parliamentary Commissioner and the Health Service Commissioners and other Commissioners and Ombudsmen.

Disclosure of information by Local Commissioner to Information Commissioner

Collaborative working between Local Commissioners and other Commissioners

Delegation

5A

Action which—

(a) is taken by or on behalf of a local authority in its capacity as a registered provider of social housing, and

(b) is action in connection with its housing activities so far as they relate to the provision or management of social housing (and here “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008).

5B

In the case of a local authority which is a registered provider of social housing, action taken by or on behalf of the authority in connection with the management of dwellings owned by the authority and let on a long lease (and here “long lease” has the meaning given by section 59(3) of the Landlord and Tenant Act 1987).

PART 2A — Decisions relating to holding of events

22A

(1) Subsection (2) applies if—

(a) a decision that relates to an event in England is taken by or on behalf of an authority to which Part 3 of this Act applies,

(b) the decision is taken in connection with the exercise of the authority's administrative functions, and

(c) for a reason related to the health or safety of any person, or for reasons that include such a reason, the decision has effect to—

(i) stop the holding of the event,

(ii) impose restrictions on the holding of the event,

(iii) impose conditions to be met in connection with the holding of the event, or

(iv) do all, or any two, of those things.

(2) The authority must ensure that written notification of the decision is given (electronically or otherwise) to—

(a) the person who made the application or other request to which the decision is a response, or

(b) a person who appears to the authority to be an organiser of the event if the decision is made otherwise than on a request.

(3) Written notification given for the purposes of subsection (2)—

(a) must be given on the day the decision is taken or, if it is not reasonably practicable to give the notification on that day, must be given on the first working day after that day,

(b) must, if the decision has the effect mentioned in subsection (1)(c)(i), give details of the decision's effect,

(c) must, if the decision has the effect mentioned in subsection (1)(c)(ii) or (iii), give details of the restrictions or conditions,

(d) must include the reasons for the decision so far as it has any of the effects mentioned in subsection (1)(c)(i) to (iii), and

(e) may be a notification that is given also for other purposes.

(4) Subsection (5) applies if—

(a) for the purposes of subsection (2) an authority gives a person notification of a decision, and

(b) the person, or some other person who is an organiser of the event, asks the authority to review the decision.

(5) The authority must ensure—

(a) that a review of the decision is completed—

(i) as soon as is reasonably practicable after the authority receives the request for the review, and

(ii) in any event, by the end of 15 days beginning with the day on which the authority receives the request, and

(b) that the person who asked for the review is given (electronically or otherwise) written notification of the decision made on the review, including the reasons for the decision, as soon as is reasonably practicable after the decision is made.

(6) On a review under subsection (5) of a decision, the decision is to be—

(a) confirmed,

(b) withdrawn,

(d) varied (but only if the decision as varied is one that could have been taken in the first instance).

(7) If a person has rights to appeal against or otherwise challenge a decision reviewed under subsection (5), the person has the corresponding rights to challenge the decision made on the review.

(8) In this section “working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.

Local Government Act 1974

Procedure in respect of investigations.

Reports on investigations.

Consideration of adverse reports.

Law of defamation, and disclosure of information.

Consideration of adverse reports.

Publication of reports etc by Commissioners

31B

Law of defamation

Removal or relaxation of controls affecting certain local authority functions.

2A

Delegation

13

5A

Delegation

Consideration of adverse reports.

Publication of reports etc by Commissioners

Consultation with other Commissioners

Law of defamation

Part 3A — Investigation of complaints about privately arranged or funded adult social care

Private adult social care: matters subject to investigation

34A

34B

34C

34D

34E

Investigations by a Local Commissioner

34F

34G

Statements etc. about investigations

34H

34I

34J

34K

Disclosure of information by Local Commissioner to Information Commissioner

34L

Arrangements with other Commissioners etc.

34M

34N

Removal or relaxation of controls affecting certain local authority functions.

34O

34P

General

34Q

34R

34S

34T

Schedule 5A

1

2

3

4

Consultation between Local Commissioner, the Parliamentary Commissioner and the Health Service Commissioners and other Commissioners and Ombudsmen.

Disclosure of information by Local Commissioner to Care Quality Commission

Collaborative working between Local Commissioners and other Commissioners

33ZB

Matters subject to investigation.

Procedure in respect of investigations.

Investigations: further provisions.

Law of defamation, and disclosure of information.

Consultation between Local Commissioner, the Parliamentary Commissioner and the Health Service Commissioners and other Commissioners and Ombudsmen.

Arrangements for provision of administrative and other services

Matters subject to investigation.

Procedure for making complaints

Investigations: further provisions.

Reports on investigations.

Law of defamation, and disclosure of information.

Consultation between Local Commissioner, the Parliamentary Commissioner and the Health Service Commissioners and other Commissioners and Ombudsmen.

Disclosure of information by Local Commissioner to Information Commissioner

Collaborative working between Local Commissioners and other Commissioners

Delegation

5A

5B

PART 2A — Decisions relating to holding of events

22A