PART 2Care standards

Performance ratings

91Reviews and performance assessments

1

Chapter 3 of Part 1 of the Health and Social Care Act 2008 (the Care Quality Commission: quality of health and social care) is amended as follows.

2

For section 46 (periodic reviews of health and social care provision) substitute—

46Reviews and performance assessments

1

The Commission must, in respect of such regulated activities and such registered service providers as may be prescribed—

a

conduct reviews of the carrying on of the regulated activities by the service providers,

b

assess the performance of the service providers following each such review, and

c

publish a report of its assessment.

2

Regulations under subsection (1) may prescribe—

a

all regulated activities or regulated activities of a particular description;

b

all registered service providers or particular registered service providers;

c

the whole of a regulated activity or a particular aspect of it.

3

The assessment of the performance of a registered service provider is to be by reference to whatever indicators of quality the Commission devises.

4

The Commission must prepare a statement—

a

setting out the frequency with which reviews under this section are to be conducted and the period to which they are to relate, and

b

describing the method that it proposes to use in assessing and evaluating the performance of a registered service provider under this section.

5

The Commission may—

a

use different indicators for different cases,

b

make different provision about frequency and period of reviews for different cases, and

c

describe different methods for different cases.

6

The Commission must publish—

a

any indicators it devises for the purpose of subsection (3), and

b

the statement it prepares for the purpose of subsection (4).

7

Before doing so, the Commission—

a

must consult the Secretary of State and such other persons, or other persons of such a description, as may be prescribed, and

b

may also consult any other persons it considers appropriate.

8

The Commission may from time to time revise—

a

any indicators it devises for the purpose of subsection (3), and

b

the statement it prepares for the purpose of subsection (4);

and, if it does so, it must publish the indicators and statement as revised.

9

Subsection (7) applies to revised indicators and a revised statement, so far as the Commission considers the revisions in question to be significant.

10

In this section “registered service provider” means a person registered under Chapter 2 as a service provider.

11

Consultation undertaken before the commencement of this section is as effective for the purposes of subsection (7) as consultation undertaken after that commencement.

3

Sections 47 (frequency and period of reviews under section 46) and 49 (power to extend periodic review function) are repealed.

4

In section 48 (special reviews and investigations), in subsection (1)—

a

omit “, with the approval of the Secretary of State,”, and

b

at the end insert “; but the Commission may not conduct a review or investigation under subsection (2)(ba) or (bb) without the approval of the Secretary of State.”

5

Omit subsection (1A) of that section.

6

In subsection (2) of that section, for “a periodic review” substitute “a review under section 46”.

7

In that subsection, after paragraph (ba) (but before the following “or”) insert—

bb

the exercise of the functions of English local authorities in arranging for the provision of adult social services,

8

After subsection (3) of that section insert—

3A

A review or investigation under subsection (2)(b), in so far as it involves a review or investigation into the arrangements made for the provision of the adult social services in question, is to be treated as a review under subsection (2)(bb) (and the requirement for approval under subsection (1) is accordingly to apply).

9

In consequence of the preceding provisions of this section—

a

in section 50(1) of the Health and Social Care Act 2008 (failings by English local authorities), omit “or 49”;

b

in section 51(1) of that Act (failings by Welsh NHS bodies), omit “or 49”;

c

in section 70(3)(a) of that Act (provision by Commission to Monitor of material relevant to review under section 46 or 49), omit “or 49”;

d

in section 72(a) of that Act (provision by Commission to Comptroller and Auditor General of material relevant to review under section 46 or 49), omit “or 49”;

e

in section 293 of the Health and Social Care Act 2012, omit subsections (1) and (2);

f

in Schedule 5 to that Act (amendments in consequence of Part 1 of that Act), omit paragraphs 157, 159, 163 and 164.