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Investigation Manual

30 Remedies

The Guidance on remedies must be considered where maladministration causing injustice is identified. All remedies should be SMART (specific, measurable, achievable, relevant and time bound). For Part 3A cases, an Adverse Findings Notice can only be issued after a Care Provider fails to comply with a recommendation within “the period specified”. The Compliance Manual gives advice about how to write SMART remedies.

The Team Coordinator should be set a task to chase the implementation of any remedy with the BinJ by entering a date on the Public Value and Remedies screen. The remedy wording used in this screen should also be in a SMART format. The Compliance Manual explains how and when to record compliance with the remedies we set.

30.1 Public interest report recommendations

When we issue a public interest report, the BinJ has three months to consider it (or such longer period as is agreed) and to notify us of the action they have taken or propose to take (LGA 1974, s31(2)). Unless it is clear the BinJ is willing to implement our recommendations within a shorter period, it should therefore be given at least three months to act.

30.2 Remedies wheren councils have frozen spending

Further guidance on remedies in the unusual situation where councils have frozen spending is given in the casework guidane note.