Session 2013 - 14
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1701

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Tuesday 4 February 2014

 

Consideration of Bill


 

Care Bill, As Amended

 

Adult safeguarding access order

 

Paul Burstow

 

NC1

 

To move the following Clause:—

 

‘(1)    

An authorised officer may apply to a circuit judge authorised by the Court of

 

Protection for an order (an adult safeguarding access order) in relation to a person

 

living in any premises within a local authority’s area if the authorised officer has

 

reasonable cause to suspect a third party is preventing access to allow enquiries

 

to be made under section 42.

 

(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 42(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 authorised circuit judge may make an adult safeguarding access order if

 

satisfied that—

 

(a)    

the authorised officer has had regard for the general duty in section 1

 

(Promoting individual wellbeing) in making a decision under subsection

 

(1);

 

(b)    

all reasonable and practicable steps have been taken to obtain access to a

 

person suspected of being an adult at risk of abuse or neglect before

 

seeking an order under this section;


 
 

Notices of Amendments: 4 February 2014                  

1702

 

Care Bill, continued

 
 

(c)    

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

 

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

 

(d)    

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

 

unable to make decisions freely;

 

(e)    

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 42(2) on what, if any, action should be taken;

 

(f)    

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

 

subsection (2);

 

(g)    

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

 

the person being at greater risk of abuse or neglect; and

 

(h)    

all reasonable and practicable steps have been taken to serve notice of the

 

intention to apply for an order on—

 

(i)    

the person suspected of being an adult at risk of abuse or neglect;

 

and

 

(ii)    

any relevant third party who the authorised officer has

 

reasonable cause to suspect is preventing access to allow

 

enquiries to be made under section 42 and for the purposes set

 

out in subsection (2);

 

(5)    

An adult safeguarding access order must—

 

(a)    

only be executed once;

 

(b)    

specify the premises to which it relates;

 

(c)    

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

 

and

 

(d)    

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

 

(6)    

An adult safeguarding order may attach other conditions, including—

 

(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;

 

(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; or

 

(d)    

such other conditions at the authorised circuit judge deems it necessary

 

to attach.

 

(7)    

A constable accompanying the authorised officer may use reasonable force under

 

section 117 of the Police and Criminal Evidence Act 1984 if necessary in the

 

circumstance 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—

 

(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 —

 

(i)    

the decision to apply for an order; and

 

(ii)    

how the order has been exercised.

 

(9)    

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

 

authority for the purposes of this section.

 

(10)    

Regulations may set restrictions on the persons or categories of persons who may

 

be authorised.


 
 

Notices of Amendments: 4 February 2014                  

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Care Bill, continued

 
 

(11)    

Subsections 2(c) and 4(d) refer to a person under constraint, or subject to coercion

 

or undue diligence, or for some other reason deprived of the capacity to make the

 

relevant decision or disabled from making a free choice, or incapacitated or

 

disabled from giving or expressing a real and genuine consent.’.

 

Review of the case for establishing a commissioner for older people in England

 

Paul Burstow

 

NC2

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall establish an independent review of the case for

 

establishing a statutory office of Commissioner for Older People in England.

 

(2)    

The review will consider the—

 

(a)    

increasing diversity of the older population in England;

 

(b)    

UN Principles for Older Persons in 1991 (UN 1991) and other relevant

 

developments in international policy on ageing;

 

(c)    

lessons from the establishment of such offices in Wales and Northern

 

Ireland;

 

(d)    

balance of advocacy, investigatory and enforcement duties and powers to

 

be granted to the office in statute;

 

(e)    

jurisdiction of the office in relation to other public bodies;

 

(f)    

relationship of the office to Ministers;

 

(g)    

accountability of the office to Parliament;

 

(h)    

appointment of the office holder;

 

(i)    

human and financial resources necessary to support the office; and

 

(j)    

any other matters the Secretary of State sets out in the terms of reference

 

of the review.

 

(3)    

The review will report and make recommendations to the Prime Minister, Deputy

 

Prime Minister, Chancellor of the Exchequer and the Secretary of State by

 

December 2014.’.

 

Duty to identify carers

 

Paul Burstow

 

NC3

 

To move the following Clause:—

 

‘Each NHS body in a local authority’s area, as defined in section 6(8), shall co-

 

operate with the local authority to ensure that effective procedures exist to

 

identify patients who are or are about to become carers and make arrangements

 

for carers to receive appropriate information and advice.’.

 

Local authority duty to make reasonable charges

 

Paul Burstow

 

NC4

 

To move the following Clause:—

 

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

 

of Part 1 of this Act is satisfied that the individual’s means are insufficient for it


 
 

Notices of Amendments: 4 February 2014                  

1704

 

Care Bill, continued

 
 

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 it is reasonably practicable to be paid.’.

 


 
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