House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

265

House of Commons

Tuesday 4 February 2014

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Care Bill [Lords]

Note

The Amendments have been arranged in accordance with the Order of the

Committee [9 January 2014].

New Clauses

Rights of appeal

Norman Lamb

NC1

To move the following Clause:—

‘(1)
In section 26 of the Health and Social Care Act 2008 (registration procedure:

notice of proposals), after subsection (4) insert—

“(4A)
Where a proposal under subsection (4) names an individual and specifies

action that the Commission would require the registered person to take in

relation to that individual, the Commission must give that individual

notice in writing of the proposal.”

(2)
In section 28 of that Act (notice of decisions), in subsection (6), for “subsection

(7)” substitute “subsections (7) to (9)”.

(3)
In that section, after subsection (7) insert—

“(8)
But in a case where notice of the proposal has been given to an individual

under section 26(4A) subsection (7) does not apply unless, by the time

the Commission receives the applicant’s notification, it has received

notification from the individual that he or she does not intend to appeal.

(9)
And if the Commission receives notification from the individual after it

receives the applicant’s notification and before the end of the period

Public Bill Committee: 4 February 2014
266

Care Bill-[Lords], continued

mentioned in subsection (6)(a), the decision is to take effect when the

Commission receives the individual’s notification.”’.

Integration of care and support with health services etc: integration fund

Norman Lamb

NC2

To move the following Clause:—

‘(1)
At the end of section 223B of the National Health Service Act 2006 (funding of

the National Health Service Commissioning Board) insert—

“(6)
Where the mandate specifies objectives relating to service integration,

the requirements that may be specified under section 13A(2)(b) include
5
such requirements relating to the use by the Board of an amount of the

sums paid to it under this section as the Secretary of State considers it

necessary or expedient to impose.

(7)
The amount referred to in subsection (6)—

(a)
is to be determined in such manner as the Secretary of State
10
considers appropriate, and

(b)
must be specified in the mandate.

(8)
The reference in subsection (6) to service integration is a reference to the

integration of the provision of health services with the provision of

health-related services or social care services, as referred to in sections
15
13N and 14Z1.”

(2)
After section 223G of that Act (meeting expenditure of clinical commissioning

groups out of public funds) insert—

“223GA
Expenditure on integration

(1)
Where the mandate includes a requirement in reliance on section 223B(6)
20
(requirements relating to use by the Board of an amount paid to the Board

where mandate specifies service integration objectives), the Board may

direct a clinical commissioning group that an amount (a “designated

amount”) of the sums paid to the group under section 223G is to be used

for purposes relating to service integration.
25
(2)
The designated amount is to be determined—

(a)
where the mandate includes a requirement (in reliance on section

223B(6)) that designated amounts are to be determined by the

Board in a manner specified in the mandate, in that manner;

(b)
in any other case, in such manner as the Board considers
30
appropriate.

(3)
The conditions under section 223G(7) subject to which the payment of a

designated amount is made must include a condition that the group

transfers the amount into one or more funds (“pooled funds”) established

under arrangements under section 75(2)(a) (“pooling arrangements”).
35
(4)
The conditions may also include—

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267

Care Bill-[Lords], continued

(a)
conditions relating to the preparation and agreement by the

group and each local authority and other clinical commissioning

group that is party to the pooling arrangements of a plan for how

to use the designated amount (a “spending plan”);
40
(b)
conditions relating to the approval of a spending plan by the

Board;

(c)
conditions relating to the inclusion of performance objectives in

a spending plan;

(d)
conditions relating to the meeting of any performance objectives
45
included in a spending plan or specified by the Board.

(5)
Where a condition subject to which the payment of a designated amount

is made is not met, the Board may—

(a)
withhold the payment (in so far as it has not been made);

(b)
recover the payment (in so far as it has been made);
50
(c)
direct the clinical commissioning group as to the use of the

designated amount for purposes relating to service integration or

for making payments under section 256.

(6)
Where the Board withholds or recovers a payment under subsection

(5)(a) or (b)—
55
(a)
it may use the amount for purposes consistent with such

objectives and requirements relating to service integration as are

specified in the mandate, and

(b)
in so far as the exercise of the power under paragraph (a)

involves making a payment to a different clinical commissioning
60
group or some other person, the making of the payment is subject

to such conditions as the Board may determine.

(7)
The requirements that may be specified in the mandate in reliance on

section 223B(6) include requirements to consult the Secretary of State or

other specified persons before exercising a power under subsection (5) or
65
(6).

(8)
The power under subsection (5)(b) to recover a payment may be

exercised in a financial year after the one in respect of which the payment

was made.

(9)
The payments that may be made out of a pooled fund into which a
70
designated amount is transferred include payments to a local authority

which is not party to the pooling arrangements in question in connection

with the exercise of its functions under Part 1 of the Housing Grants,

Construction and Regeneration Act 1996 (disabilities facilities grants).

(10)
In exercising a power under this section, the Board must have regard to
75
the extent to which there is a need for the provision of each of the

following—

(a)
health services (see subsection (12)),

(b)
health-related services (within the meaning given in section

14Z1), and
80
(c)
social care services (within the meaning given in that section).

(11)
A reference in this section to service integration is a reference to the

integration of the provision of health services with the provision of

health-related services or social care services, as referred to in sections

13N and 14Z1.

Public Bill Committee: 4 February 2014
268

Care Bill-[Lords], continued

85
(12)
“Health services” means services provided as part of the health service in

England.”.’.

As an Amendment to Norman Lamb’s proposed New Clause (Integration of care and

support with health services etc: integration fund) (NC2):—

Paul Burstow

(a)

Line  74,  after ‘regard to’, insert ‘the duty to promote wellbeing in section 1 of the

Care Act 2014, and’.

Part 1 appeals

Norman Lamb

Paul Burstow

NC28

To move the following Clause:—

‘(1)
Regulations may make provision for appeals against decisions taken by a local

authority in the exercise of functions under this Part in respect of an individual

(including decisions taken before the coming into force of the first regulations

made under this subsection).

(2)
The regulations may in particular make provision about—

(a)
who may (and may not) bring an appeal;

(b)
grounds on which an appeal may be brought;

(c)
pre-conditions for bringing an appeal;

(d)
how an appeal is to be brought and dealt with (including time limits);

(e)
who is to consider an appeal;

(f)
matters to be taken into account (and disregarded) by the person or body

considering an appeal;

(g)
powers of the person or body deciding an appeal;

(h)
what action is to be taken by a local authority as a result of an appeal

decision;

(i)
providing information about the right to bring an appeal, appeal

procedures and other sources of information and advice;

(j)
representation and support for an individual bringing or otherwise

involved in an appeal.

(3)
Provision about pre-conditions for bringing an appeal may require specified steps

to have been taken before an appeal is brought.

(4)
Provision about how an appeal is to be dealt with may include provision for—

(a)
the appeal to be treated as, or as part of, an appeal brought or complaint

made under another procedure;

(b)
the appeal to be considered with any such appeal or complaint.

(5)
Provision about who is to consider an appeal may include provision—

(a)
establishing, or requiring or permitting the establishment of, a panel or

other body to consider an appeal;

Public Bill Committee: 4 February 2014
269

Care Bill-[Lords], continued

(b)
requiring an appeal to be considered by, or by persons who include,

persons with a specified description of expertise or experience.

(6)
Provision about representation and support for an individual may include

provision applying any provision of or made under section 68, with or without

modifications.

(7)
The regulations may make provision for—

(a)
an appeal brought or complaint made under another procedure to be

treated as, or as part of, an appeal brought under the regulations;

(b)
an appeal brought or complaint made under another procedure to be

considered with an appeal brought under the regulations;

(c)
matters raised in an appeal brought under the regulations to be taken into

account by the person or body considering an appeal brought or

complaint made under another procedure.

(8)
The regulations may include provision conferring functions on a person or body

established by or under an Act (including an Act passed after the passing of this

Act); for that purpose, the regulations may amend, repeal, revoke or otherwise

modify an enactment.

(9)
Regulations may make provision, in relation to a case where an appeal is brought

under regulations under subsection (1)—

(a)
for any provision of this Part to apply, for a specified period, as if a

decision (“the interim decision”) differing from the decision appealed

against had been made;

(b)
as to what the terms of the interim decision are, or as to how and by whom

they are to be determined;

(c)
for financial adjustments to be made following a decision on the appeal.

(10)
The period specified under subsection (9)(a) may not begin earlier than the date

on which the decision appealed against was made, or end later than the date on

which the decision on the appeal takes effect.’.

Adult safeguarding access order

Paul Burstow

Sarah Newton

Dr Sarah Wollaston

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

Public Bill Committee: 4 February 2014
270

Care Bill-[Lords], continued

(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)
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;

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

(Promoting individual well-being) in making a decision under subsection

(1).

(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)
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;

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

subsection (2); and

(f)
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—

(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.’.

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Care Bill-[Lords], continued

Duty to report adults at risk of abuse

Paul Burstow

Sarah Newton

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

Sarah Newton

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.

(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



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