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105 Children’s homes providing secure accommodation | |
(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,”. | 5 |
(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”. | 10 |
106 Information and inspection | |
(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 | 15 |
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.” | 20 |
(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 | 25 |
treatment in the establishment”. | |
107 Assembly: duties relating to children | |
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 | 30 |
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.” | 35 |
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Chapter 8 | |
Other functions of CSCI | |
108 Boarding schools and colleges | |
The functions of the National Care Standards Commission under section 87 of | |
the Children Act 1989 (c. 41) (welfare of children accommodated in boarding | 5 |
schools and colleges) are transferred to the CSCI. | |
109 Boarding schools and colleges: reports | |
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), it must publish a report. | 10 |
(9B) The Commission and the National Assembly for Wales must each make | |
copies of any report published by it under this section 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 | 15 |
any) as the Commission or the National Assembly for Wales (as the | |
case may be) considers appropriate.” | |
110 Secure training centres | |
(1) The CSCI and the Secretary of State may make arrangements for the CSCI to | |
conduct inspections of secure training centres in England. | 20 |
(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). | 25 |
Chapter 9 | |
Complaints | |
111 Complaints about health care | |
(1) The Secretary of State may by regulations make provision about the handling | |
and consideration of complaints made under the regulations about— | 30 |
(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 | 35 |
Health Act 1999 (c. 8) in relation to the exercise of the health-related | |
functions of a local authority. | |
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(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 | 5 |
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. | |
(3) Regulations under this section may provide for a complaint to be considered | |
by one or more of the following— | 10 |
(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. | 15 |
(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 | 20 |
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. | |
112 Complaints about social services | |
(1) The Secretary of State may by regulations make provision about the handling | 25 |
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; | 30 |
(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 | 35 |
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. | 40 |
(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 | 45 |
made by such an authority in the discharge of those functions; | |
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(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 | 5 |
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 | 10 |
raised by a complaint— | |
(a) in the case of regulations under subsection (1), to be referred to the | |
Commission for Local Administration in England for it to consider | |
whether to investigate the complaint or matter under Part 3 of the Local | |
Government Act 1974 (c. 7) (and to be treated as if it had been duly | 15 |
made under section 26 of that Act); | |
(b) in the case of regulations under subsection (3), to be referred to the | |
Commission for Local Administration in Wales for it to consider | |
whether to investigate the complaint or matter under Part 3 of that Act | |
(and to be treated as if it had been duly made under section 26 of that | 20 |
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 | 25 |
of the Children Act 1989 (c. 41). | |
113 Complaints regulations: supplementary | |
(1) Regulations under subsection (1) or (2) of section 111 or under subsection (1) or | |
(3) of section 112 (“the regulations”) may, without prejudice to the generality | |
of the subsection under which they are made, make the following provision. | 30 |
(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) complaints which need not be considered; | |
(d) the period within which complaints must be made; | 35 |
(e) the procedure to be followed in making and considering a complaint; | |
(f) matters which are excluded from consideration; | |
(g) the making of a report or recommendations about a complaint; | |
(h) the action to be taken as a result of the complaint. | |
(3) The regulations may require— | 40 |
(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 | 45 |
regulations; and | |
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(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. | 5 |
(4) 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; | 10 |
(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 | 15 |
common law that would otherwise prohibit or restrict the disclosure. | |
(5) 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— | 20 |
(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 | 25 |
established by or under any enactment. | |
114 Further consideration of representations under the Children Act 1989 | |
(1) In the Children Act 1989 (c. 41), after section 26 (representations) insert— | |
“26ZA Representations: further consideration | |
(1) The Secretary of State may by regulations make provision for the | 30 |
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”); | 35 |
(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; | 40 |
(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; | 45 |
(g) for a representation to be referred by the CSCI back to the local | |
authority concerned for reconsideration by the authority; | |
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(h) for a representation or any matter raised by the representation | |
to be referred by the CSCI— | |
(i) to the Commission for Local Administration in England | |
for it to consider whether to investigate the | |
representation or matter under Part 3 of the Local | 5 |
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. | 10 |
(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; | 15 |
(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; | 20 |
(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 | 25 |
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— | 30 |
(i) to a person or body who is further considering a | |
representation under the regulations; or | |
(ii) to the Commission for Local Administration in England | |
(when a representation is referred to it under the | |
regulations); | 35 |
and any such disclosure may be authorised notwithstanding any rule | |
of common law that would otherwise prohibit or restrict the | |
disclosure.” | |
(2) After section 26ZA of that Act (as inserted by subsection (1)) insert— | |
“26ZB Representations: further consideration (Wales) | 40 |
(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 | 45 |
independent panel established under the regulations; | |
(b) about the procedure to be followed on the further consideration | |
of a representation; | |
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(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; | 5 |
(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 | 10 |
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; | 15 |
(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. | 20 |
(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; | 25 |
(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 | 30 |
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 | 35 |
for the provision of assistance where representations under section 24D | |
or 26 are further considered under section 26ZA or 26ZB.” | |
115 Representations relating to special guardianship support services | |
(1) In section 26 of the Children Act 1989 (c. 41) (representations), after subsection | |
(3B) insert— | 40 |
“(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, | 45 |
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