Part 6: Miscellaneous Social Care: Regulation and Financial Assistance Section 165: Care Quality Commission’s powers in relation to local authority failings
This section amends section 50 of the Health and Social Care Act 2008 to provide that:
The CQC is required to notify the Secretary of State wherever it identifies that a local authority is failing to discharge its duties to an acceptable standard, and to recommend next steps it considers the Secretary of State should take (subsection (2)).
The CQC’s power to give a notice to a local authority where it considers the failure is not substantial is removed.
	This section also clarifies that CQC may specify failures and provide recommendations to the local authority in its reports (new subsection (3A) of section 50, as inserted by subsection (3)(b)).