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When you’re starting to get to grips with what to do in your new role in commissioning, a good place to start is with statutory duties of commissioning, the relevant legislation, and regulatory frameworks. 

Statutory duties of commissioning 

In England, adult social care commissioning in local authorities is governed primarily by the Care Act 2014. It is supported by newer legislation such as the Health and Care Act 2022 and the Procurement Act 2023. Here is a short overview of each of these pieces of legislation.

Understanding how legislation can support you in your role can help you understand enablers and levers for change in commissioning. Use these overviews when planning and as part of conversations with colleagues about what legislation is relevant to your role and remit.

Care Act 2014 

Under the Care Act 2014, local authorities have a statutory duty to: 

• promote the wellbeing of the individual and of communities 

• coproduce with individuals, families, friends, carers, and the community 

• promote a diverse, sustainable, and high-quality market of care and support services 

• ensure that all individuals, including self-funders, have access to a range of services that meet their needs 

• engage in market and workforce shaping to anticipate future demand and support innovation, and produce market position statements 

• safeguard adults at risk of abuse and neglect. 

Strategic commissioning under the Care Act involves: 

• understanding population needs

• designing services to meet those needs 

• ensuring services promote wellbeing, choice, and personalisation 

• collaborating with stakeholders, including coproduction with people, families, carers, and communities. 

Health and Care Act 2022  

This Act introduced new powers for the Secretary of State to intervene if a local authority fails to meet its duties under the Care Act. It also: 

• empowers the Care Quality Commission (CQC) to assess local authority performance 

• encourages integration between NHS health, public health and social care, and encourages joint commissioning and collaboration between public bodies, care providers, and local communities 

• requires authorities to produce improvement plans if underperforming. 

This ensures strategic commissioning is not only proactive but also accountable and subject to national oversight. 

Procurement Act 2023 

The Procurement Act 2023 replaces the previous Public Contracts Regulations 2015 legislation for adult social care commissioning.

The Act describes a light-touch regime for adult social care, allowing for more flexible procurement processes. It also states that contracts can be awarded based on user choice, supporting the Care Act’s wellbeing principle, and that local authorities can directly award contracts without competition where appropriate. 

This Act enhances strategic commissioning by: 

• allowing authorities to tailor procurement to local needs

• supporting continuity of care and provider relationships

• encouraging innovation and responsiveness in service delivery. 

Relevant legislation 

Other relevant legislation to familiarise yourself with depending on your role and remit may include: 

Regulatory frameworks 

You should be aware of the regulatory frameworks which may relate to your area of work.  

• The  assess local authority performance and regulated adult social care services. 

•  inspect regulated children’s services and may be involved in the regulation of all age services. 

•  are not a regulatory body, but they produce useful and usable guidance for practitioners and commissioners across the health and care system. 

Legislation gives clarity and confidence. It allows commissioning to uphold rights, focus on people rather than process, and use the law as a tool for empowerment.

Isaac Samuels OBE, Think Local, Act Personal (TLAP)

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