Session 2013 - 14
Internet Publications
Other Bills before Parliament


 
 

9

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Friday 3 January 2014

 

For other Amendment(s) see the following page(s):

 

Care Bill [Lords] Committee 1-7

 

Public Bill Committee


 

Care Bill [Lords]

 

Paul Burstow

 

26

 

Clause  1,  page  1,  line  5,  after ‘authority’, insert ‘and any health service body when

 

exercising any function jointly with one or more local authorities’.

 

Paul Burstow

 

27

 

Clause  1,  page  2,  line  3,  after ‘authority’, insert ‘and any health service body when

 

exercising any function jointly with one or more local authorities’.

 

Paul Burstow

 

28

 

Clause  1,  page  2,  line  33,  at end add—

 

‘(5)    

“Health service body” has the same meaning as in section 9(4) of the National

 

Health Service Act 2006.’.

 

Paul Burstow

 

29

 

Clause  2,  page  3,  line  2,  at end insert—

 

‘(3A)    

NHS bodies shall co-operate with local authorities to support their activities

 

under subsections (1) and (2), in particular to—

 

(a)    

promote and safeguard the health and well-being of carers;

 

(b)    

establish effective procedures to identify patients who are or are about to

 

become carers; and

 

(c)    

ensure that carers receive appropriate information and advice.

 

(3B)    

Reference to an NHS body in a local authority’s area is a reference to—

 

(a)    

the National Health Service Commissioning Board, so far as its functions

 

are exercisable in relation to the authority’s area;


 
 

Notices of Amendments: 3 January 2014                  

10

 

Care Bill-[ [], continued

 
 

(b)    

a clinical commissioning group the whole or part of whose area is in the

 

authority’s area; or

 

(c)    

an NHS trust or NHS foundation trust which provides services in the

 

authority’s area.’.

 

Paul Burstow

 

30

 

Clause  4,  page  4,  line  32,  at end insert—

 

‘(f)    

how to complain about a decision made under this Part.’.

 

Paul Burstow

 

31

 

Clause  4,  page  5,  line  11,  at end insert—

 

‘(7)    

Regulations must make provision for an effective and independent system for

 

revolving disputes between individuals and local authorities regarding decisions

 

taken under this Part. Regulations shall also set out the conditions that apply to

 

each part to a dispute and when decisions made are binding.’.

 

Paul Burstow

 

32

 

Clause  5,  page  5,  line  18,  after ‘of’, insert ‘appropriate’.

 

Paul Burstow

 

33

 

Clause  5,  page  5,  line  37,  at end insert ‘, in particular by collecting information

 

from users as well as providers to inform assessment of the quantity, quality and

 

appropriateness of services and support provided.’.

 

Paul Burstow

 

34

 

Clause  5,  page  5,  line  48,  at end insert—

 

‘(4A)    

Regulations may make provision for arrangements for the independent arbitration

 

of disputes between local authorities and providers concerning the fees paid by

 

local authorities, the regulations shall prescribe the matters that are material to

 

making a determination and the circumstances in which the arbitrator’s

 

determination is binding on relevant parties.’.

 

Paul Burstow

 

35

 

Clause  6,  page  6,  line  38,  after ‘housing’, insert ‘or other provider of housing for

 

vulnerable or older people’.

 

Paul Burstow

 

36

 

Clause  6,  page  6,  line  45,  after ‘housing’, insert ‘and town planning’.

 

Paul Burstow

 

37

 

Clause  13,  page  13,  line  31,  leave out subsection (7) and insert—

 

‘(7)    

Needs meet the eligibility criteria when—

 

(a)    

 

(i)    

there is, or will be, an inability to carry out several personal care

 

or domestic routines and/or


 
 

Notices of Amendments: 3 January 2014                  

11

 

Care Bill-[ [], continued

 
 

(ii)    

the individual will be unable to maintain control over several

 

aspects of their day-to-day life or;

 

(iii)    

involvement in several aspects of work, education, training or

 

recreation cannot or will not be sustained; and/or

 

(iv)    

several domestic, family and personal relationships cannot or

 

will not be sustained; and/or

 

(v)    

there is a risk of abuse or neglect,

 

(b)    

they form part of a combination of needs described in paragraph (a).’.

 

Paul Burstow

 

38

 

Clause  14,  page  14,  line  9,  at end insert ‘and in assessing the cost a local authority

 

incurs, it must (unless either Condition 2 in section 18, or either Condition 2 or Condition

 

4 in section 20, is met) ignore the cost it incurs (directly or indirectly) in assessing that

 

need under sections 9 or 10.’.

 

Paul Burstow

 

39

 

Clause  14,  page  14,  line  9,  at end insert—

 

‘(4A)    

Where a local authority that meets an individual’s needs under sections 18 to 20

 

is satisfied that the individual’s means are insufficient for it to be reasonably

 

practicable for the individual to pay the amount which would otherwise be

 

charged, the authority shall not require the individual to pay more for it than it

 

appears to them that is it reasonably practicable to be paid.’.

 

Paul Burstow

 

40

 

Clause  18,  page  17,  line  32,  after the first ‘adult’, insert ‘(or someone acting on the

 

adult’s behalf if the adult lacks capacity to arrange for the provision of care)’.

 

Paul Burstow

 

41

 

Clause  22,  page  20,  line  32,  after ‘is’ insert ‘authorised or’.

 

Member’s explanatory statement

 

This amendment seeks to introduce wording which replicates the terms used in other legislation

 

on the boundaries between social and health care in order to meet the concerns of the Joint Com­

 

mittee on the draft Bill about a court’s likely interpretation of any substantive differences intro­

 

duced by this Bill.

 

Paul Burstow

 

42

 

Clause  42,  page  38,  line  13,  at end add ‘if the local authority has reason to believe

 

enquiries are being impeded such that it cannot determine whether any action is necessary

 

it shall record whether or not an application for an adult safeguarding access order was

 

considered or made under section [ ].’.

 

Paul Burstow

 

43

 

Clause  61,  page  51,  line  39,  after ‘child’, insert ‘has or’.

 

Paul Burstow

 

44

 

Clause  61,  page  51,  line  40,  leave out ‘after the child becomes 18’.


 
 

Notices of Amendments: 3 January 2014                  

12

 

Care Bill-[ [], continued

 
 

Paul Burstow

 

45

 

Clause  61,  page  51,  line  41,  leave out ‘significant’.

 

Paul Burstow

 

46

 

Clause  61,  page  51,  line  44,  at beginning insert ‘where the child is 16 or over’.

 

Paul Burstow

 

47

 

Clause  62,  page  53,  line  10,  leave out subsections (5) and (6).

 

Paul Burstow

 

48

 

Clause  81,  page  72,  line  34,  at end insert—

 

‘(1A)    

Regulations must make provision for—

 

(a)    

the definition of “significant improvement”, and

 

(b)    

the assessment of progress towards the improvements so specified.’.

 

Paul Burstow

 

49

 

Clause  88,  page  79,  line  18,  leave out subsection (4).

 

Member’s explanatory statement

 

This amendment is one of a number intended, collectively, to restore the powers of the Care Qual­

 

ity Commission to review or investigate local authority social care provision or commissioning

 

without first securing, singular or joint, Ministerial approval.

 

Paul Burstow

 

50

 

Clause  89,  page  81,  leave out lines 16 to 18.

 

Member’s explanatory statement

 

This amendment is one of a number intended, collectively, to restore the powers of the Care Qual­

 

ity Commission to review or investigate local authority social care provision or commissioning

 

without first securing, singular or joint, Ministerial approval.

 

Paul Burstow

 

51

 

Clause  89,  page  81,  line  19,  leave out ‘(5) Omit subsection (1A) of that section.’.

 

Member’s explanatory statement

 

This amendment is one of a number intended, collectively, to restore the powers of the Care Qual­

 

ity Commission to review or investigate local authority social care provision or commissioning

 

without first securing, singular or joint, Ministerial approval.

 

Paul Burstow

 

52

 

Clause  89,  page  80,  line  23,  at end add ‘in particular indicators relating to specified

 

relevant physical and mental health conditions’.


 
 

Notices of Amendments: 3 January 2014                  

13

 

Care Bill-[ [], continued

 
 

Adult safeguarding access order

 

Paul Burstow

 

NC3

 

To move the following Clause:—

 

‘(1)    

An authorised officer may apply to a justice of the peace for an order (an adult

 

safeguarding access order) in relation to a person living in any premises within a

 

local authority’s area.

 

(2)    

The purposes of an adult safeguarding access order are—

 

(a)    

to enable the authorised officer and any other person accompanying the

 

officer to speak in private with a person suspected of being an adult at risk

 

of abuse or neglect;

 

(b)    

to enable the authorised officer to assess the mental capacity of a person

 

suspected of being an adult at risk of abuse;

 

(c)    

to enable the authorised officer to ascertain whether that person is making

 

decisions freely; and

 

(d)    

to enable the authorised officer properly to assess whether the person is

 

an adult at risk of abuse or neglect and to make a decision as required by

 

section 41(2) on what, if any, action should be taken.

 

(3)    

While an adult safeguarding access order is in force, the authorised officer, a

 

constable and any other specified person accompanying the officer in accordance

 

with the order, may enter the premises specified in the order for the purposes set

 

out in subsection (2).

 

(4)    

The justice of the peace may make an adult safeguarding access order if satisfied

 

that—

 

(a)    

the authorised officer has reasonable cause to suspect that a person is an

 

adult who is experiencing or at risk of abuse or neglect;

 

(b)    

it is necessary for the authorised officer to gain access to the person in

 

order to make the enquiries needed to inform the decision required by

 

section 41(2) on what, if any, action should be taken;

 

(c)    

making an order is necessary in order to fulfil the purposes set out in

 

subsection (2); and

 

(d)    

exercising the power of access conferred by the order will not result in

 

the person being at greater risk of abuse or neglect.

 

(5)    

An adult safeguarding access order must—

 

(a)    

specify the premises to which it relates;

 

(b)    

provide that the authorised officer may be accompanied by a constable;

 

and

 

(c)    

specify the period for which the order is to be in force.

 

(6)    

Other conditions may be attached to an adult safeguarding access order, for

 

example—

 

(a)    

specifying restrictions on the time that the power of access conferred by

 

the order may be exercised;

 

(b)    

providing for the authorised officer to be accompanied by another

 

specified person; or

 

(c)    

requiring notice of the order to be given to the occupier of the premises

 

and to the person suspected of being an adult at risk of abuse.

 

(7)    

A constable accompanying the authorised officer may use reasonable force if

 

necessary in order to fulfil the purposes of an adult safeguarding access order set

 

out in subsection (2).

 

(8)    

On entering the premises in accordance with an adult safeguarding access order

 

the authorised officer must—


 
 

Notices of Amendments: 3 January 2014                  

14

 

Care Bill-[ [], continued

 
 

(a)    

state the object of the visit;

 

(b)    

produce evidence of the authorisation to enter the premises; and

 

(c)    

provide an explanation to the occupier of the premises of how to

 

complain about how the power of access has been exercised.

 

(9)    

In this section “an authorised officer” means a person authorised by a local

 

authority for the purposes of this section, but regulations may set restrictions on

 

the persons or categories of persons who may be authorised.’.

 

Duty to report adults at risk of abuse

 

Paul Burstow

 

NC4

 

To move the following Clause:—

 

‘(1)    

If a relevant partner of a local authority has reasonable cause to suspect that the

 

local authority would be under a duty to make enquiries under section 42, it must

 

inform the local authority of that fact.

 

(2)    

If the person that the relevant partner has reasonable cause to suspect would be

 

the subject of enquiries under section 42 and appears to be within the area of a

 

local authority other than the one of which it is a relevant partner, it must inform

 

that other local authority.

 

(3)    

If a local authority has reasonable cause to suspect that a person within its area at

 

any time would be the subject of enquiries under section 42 and is living or

 

proposing to live in the area of another local authority (including a local authority

 

in Wales, Scotland or Northern Ireland), it must inform that other local authority.

 

(4)    

In this section “relevant partner”, in relation to a local authority, means—

 

(a)    

the local policing body and the chief officer of police for a police area any

 

part of which falls within the area of the local authority;

 

(b)    

any other local authority with which the authority agrees that it would be

 

appropriate to co-operate under this section;

 

(c)    

any provider of probation services that is required by arrangements under

 

section 3(2) of the Offender Management Act 2007 to act as a relevant

 

partner of the authority;

 

(d)    

any provider of regulated activities as listed in Schedule 1 to the Health

 

and Social Care Act 2008 (Regulated Activities) Regulations 2010;

 

(e)    

a local health board for an area any part of which falls within the area of

 

the authority;

 

(f)    

an NHS trust providing services in the area of the authority; and

 

(g)    

such person, or a person of such description, as regulations may specify.’.

 

Child’s carer’s eligibility criteria

 

Paul Burstow

 

NC5

 

To move the following Clause:—

 

‘(1)    

Where a local authority is satisfied on the basis of a child’s carer’s assessment that

 

a carer of a child has needs for care and support, it must determine whether any

 

of the needs meet the eligibility criteria (see subsection (6)).

 

(2)    

Having made a determination under subsection (1), the local authority must give

 

the carer concerned a written record of the determination and the reasons for it.


 
 

Notices of Amendments: 3 January 2014                  

15

 

Care Bill-[ [], continued

 
 

(3)    

Where at least some of a child’s carer’s needs for care and support meet the

 

eligibility criteria, the local authority must—

 

(a)    

consider what could be done to meet those needs that are eligible;

 

(b)    

ascertain whether the carer wants to have those needs met by the local

 

authority in accordance with this Part; and

 

(c)    

establish whether the child needing care is ordinarily resident in the local

 

authority’s area.

 

(4)    

Where none of the needs of the carer concerned meet the eligibility criteria, the

 

local authority must give him or her written advice and information about—

 

(a)    

what can be done to meet or reduce the needs; and

 

(b)    

what can be done to prevent or delay the development of needs for care

 

and support, or the development of needs for support, in the future.

 

(5)    

Regulations may make provision about the making of the determination under

 

subsection (1).

 

(6)    

Needs meet the eligibility criteria if—

 

(a)    

they are of a description specified in regulations; or

 

(b)    

they form part of a combination of needs of a description so specified.

 

(7)    

The regulations may, in particular, describe needs by reference to—

 

(a)    

the effect that the needs have on the carer concerned; or

 

(b)    

the carer’s circumstances.’.

 

Duty and power to meet a child’s carer’s needs for support

 

Paul Burstow

 

NC6

 

To move the following Clause:—

 

‘(1)    

A local authority, having made a determination under section 62( ), must meet a

 

carer’s needs for support which meet the eligibility criteria if—

 

(a)    

the child needing care is ordinarily resident in the local authority’s area;

 

and

 

(b)    

the local authority is satisfied that support would be better provided to the

 

carer under this section than to the carer and/or the child under section 17

 

of the Children Act 1989.

 

(2)    

A local authority may meet a carer’s needs for support if it satisfied that it is not

 

required to meet the carer’s needs under this section.

 

(3)    

Where a local authority has carried out an assessment under section 61(1)(b) it

 

must give the carer—

 

(a)    

an indication as to whether any of the needs for support which it thinks

 

the carer is likely to have after the child becomes 18 are likely to meet the

 

eligibility criteria (and, if so, which ones are likely to do so), and

 

(b)    

advice and information about—

 

(i)    

what can be done to meet or reduce the needs which it thinks the

 

carer is likely to have after the child becomes 18; and

 

(ii)    

what can be done to prevent or delay the development by the

 

carer of needs for support in the future.’.

 


 
contents
 

© Parliamentary copyright
Revised 6 January 2014