Question to the Department of Health and Social Care:

To ask His Majesty's Government how many local authorities have been found to be non-compliant with the outcomes-based commissioning requirements set out in the care and support statutory guidance in each year since 2020, and what enforcement action has been taken against those local authorities.

Under the Care Act 2014, local authorities are tasked with the duty to shape their care markets to meet the diverse needs of all local people. The Care and Support Statutory Guidance is the accompanying statutory guidance for local authorities and partner agencies, which sets out the principles that should underpin market shaping and commissioning activity, including a focus on outcomes and wellbeing.

The Care Quality Commission (CQC) assesses how well local authorities are delivering their duties under Part 1 of the Care Act 2014, including those related to market shaping and commissioning. To date, the CQC has published over 60 assessment reports, which are publicly available on the CQC’s website. To date, none have yet been found to be failing in its market shaping duty. If the CQC identifies that a local authority has failed to deliver one or more of its Care Act duties, the Secretary of State for Health and Social Care (Wes Streeting MP) has legal powers to intervene.