House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Public Bill Committee: 4 February 2014
272

Care Bill-[Lords], continued

(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

Sarah Newton

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.’.

Public Bill Committee: 4 February 2014
273

Care Bill-[Lords], continued

Public awareness campaigns

Liz Kendall

Mr Jamie Reed

NC7

To move the following Clause:—

‘The Secretary of State and local authorities shall ensure through national and

local public awareness campaigns that there is a high level of public awareness

and understanding of the terms and implications of the cap on care costs.’.

Appealing decisions taken by the local authority

Liz Kendall

Mr Jamie Reed

NC8

To move the following Clause:—

‘(1)
The local authority must have in place a procedure, which includes a review

element that is independent of the local authority, by which adults or carers can

appeal a decision made by the local authority about—

(a)
whether an adult or carer’s needs meet eligibility criteria under section

13;

(b)
whether to charge for meeting needs under section 14;

(c)
the result of a financial assessment under section 17;

(d)
the content of a care and support plan or support plan under section 25;

(e)
the amount of a personal budget made under section 26 or independent

personal budget made under section 28;

(f)
the payment of an “additional cost” under section 30.

(2)
Regulations may make further provision about any aspect of the appeals

procedure mentioned in subsection (1).

(3)
Wherever a decision has been made of a type referred to in subsection (1), the

local authority must make the adult or carer aware of their right of to appeal the

decision and how to request details of the appeals procedure. Details of the

procedure must be made available on request.’.

Promoting health of carers

Liz Kendall

Mr Jamie Reed

NC9

To move the following Clause:—

‘(1)
In exercising their functions health bodies shall—

(a)
promote and safeguard the health and well-being of carers;

Public Bill Committee: 4 February 2014
274

Care Bill-[Lords], continued

(b)
ensure that effective procedures exist to identify patients who are or are

about to become carers;

(c)
ensure that appropriate systems exist to ensure that carers receive

appropriate information and advice; and

(d)
ensure the systems are in place to ensure that the relevant general medical

services are rendered to their patients who are carers.’.

Local authorities: duties with respect to young carers

Liz Kendall

Mr Jamie Reed

NC10

To move the following Clause:—

‘(1)
A local authority must ensure that it takes all reasonable steps to ensure that in

relation to—

(a)
any school within its area and under its control; and

(b)
any functions it discharges in pursuance of its responsibilities as a

children’s services authority, there is in place a policy that both identifies

young carers and makes arrangements for the provision of support for

pupils who are young carers.

(2)
In discharging its duty under subsection (1), a local authority must have regard to

any guidance given from time to time by the Secretary of State.’.

Further and higher education: duties with respect to student carers

Liz Kendall

Mr Jamie Reed

NC11

To move the following Clause:—

‘(1)
The responsible body of an institution to which this section applies must identify

or make arrangements to identify student carers and have a policy in place on

providing support for student carers.

(2)
This section applies to—

(a)
a university;

(b)
any other institution within the higher education sector; and

(c)
an institution within the further education sector.

(3)
A responsible body is—

(a)
in the case of an institution in subsection (2)(a) or (b), the governing

body;

(b)
in the case of a college of further education under the management of a

board of management, the board of management; and

(c)
in the case of any other college of further education, any board of

governors of the college or any person responsible for the management

Public Bill Committee: 4 February 2014
275

Care Bill-[Lords], continued

of the college, whether or not formally constituted as a governing body

or board of governors.’.

End of life care

Dr Sarah Wollaston

Grahame M. Morris

Paul Burstow

NC12

To move the following Clause:—

‘Following consultation, the Secretary of State may make regulations

establishing arrangements for terminally ill persons to—

(a)
have their preference for place of death recorded by local health and

social care services and for that preference to be implemented wherever

practicable; and

(b)
to be exempted from charges for adult social care necessary in order to

allow them to die in their place of preference.’.

Funding for new costs arising from Part 1

Meg Munn

NC13

To move the following Clause:—

‘(1)
The Secretary of State must provide local authorities with sufficient funding to

enable them to meet new costs arising directly or indirectly to them by virtue of

this Part.

(2)
The costs mentioned in subsection (1) include (but are not limited to)—

(a)
costs of introducing the new measures set out in this Part;

(b)
on-going costs of implementing those measures (to be allocated through

the annual spending review);

(c)
costs identified by the Department of Health to be funded through the

Better Care Fund.’.

Public Bill Committee: 4 February 2014
276

Care Bill-[Lords], continued

Social care free at the point of use

Bill Esterson

NC14

To move the following Clause:—

‘The Secretary of State must prepare a report on the costs and benefits of

requiring, and providing funding for, local authorities to offer all social care free

at the point of use. This report must be laid before each House of Parliament

within 12 months of section 3 coming into force.’.

Joint Care and Support Reform Programme Board: assessment of funding

Liz Kendall

Mr Jamie Reed

NC15

To move the following Clause:—

‘(1)
Before any provision of Part 1 is brought into force, the Joint Care and Support

Reform Programme Board must have informed the Secretary of State whether

sufficient funding is in place or will be put in place to ensure that the provision in

question can be implemented satisfactorily.

(2)
In subsection (1), the “Joint Care and Support Reform Programme Board” means

the board of that name consisting of representatives including the Local

Government Association, the Association of Directors of Adult Social Services

and the Department of Health.’.

Ministerial advisory committee

Liz Kendall

Mr Jamie Reed

NC16

To move the following Clause:—

‘An independent ministerial advisory committee shall be set up to keep under

review the workings of the set level as set out in section 15, and the means-testing

arrangements set out in section 17.’.

Public Bill Committee: 4 February 2014
277

Care Bill-[Lords], continued

Initial funding assessment

Liz Kendall

Mr Jamie Reed

NC17

To move the following Clause:—

‘The Secretary of State must ask the Office for Budget Responsibility to complete

by the end of 2014 a review of the funding of adult social care that assesses—

(a)
the adequacy of current public funding of these services;

(b)
the proposals for funding the provisions in this Act;

(c)
the implications of the Act and its funding for the NHS over the next five

years; and

(d)
in particular the short and long term costs of setting the eligibility criteria

at the level set out in regulations.’.

Impact assessments of regulations

Liz Kendall

Mr Jamie Reed

NC18

To move the following Clause:—

‘(1)
Before bringing into force sections 13, 17 and 35, the Secretary of State must lay

before Parliament an impact assessment of the regulations set out in those

sections.

(2)
In relation to the regulations set out in subsection 13(6), the assessment must

show how the provisions will affect the likely impact of the set level above which

an adult starts receiving financial assistance with the costs of their care.’.

Corporate responsibility for neglect

Nick Smith

Liz Kendall

Mr Jamie Reed

Meg Munn

Paul Burstow

NC19

To move the following Clause:—

‘(1)
This section applies where a person registered under Chapter 2 of Part 1 of the

Health and Social Care Act 2008 (a “registered care provider”) in respect of the

carrying on of a regulated activity (within the meaning of that Part) has

reasonable cause to suspect that an adult in their care is experiencing, or is at risk

of, abuse and neglect.

Public Bill Committee: 4 February 2014
278

Care Bill-[Lords], continued

(2)
The registered care provider must make (or cause to be made) whatever enquiries

it thinks necessary to enable it to decide whether any action should be taken in the

adult’s case and, if so, what and by whom.

(3)
Where abuse or neglect is suspected, the registered care provider is responsible

for informing the Safeguarding Adults Board in its area and commits an offence

if (without reasonable cause) it fails to do so.

(4)
A registered care provider is guilty of an offence if the way in which its activities

are managed or organised by its board or senior management neglects, or is a

substantial element in, the existence and or possibility of abuse or neglect

occurring.

(5)
A person guilty of an offence under this section is liable on conviction to

imprisonment for a term not exceeding five years, or to a fine, the range of which

will be specified by regulations, or to both.’.

Portability of care

Liz Kendall

Mr Jamie Reed

NC20

To move the following Clause:—

‘(1)
The Secretary of State must prepare a report containing an assessment of what

primary or secondary legislation would be required to ensure people in receipt of

care and support in the community in the UK receive continuity of such care and

support if they change their place of residence, with particular reference to moves

between countries of the United Kingdom.

(2)
The report under subsection (1) must be laid before each House of Parliament six

months after this Bill receives Royal Assent.’.

Accounting

Liz Kendall

Mr Jamie Reed

Meg Munn

NC21

To move the following Clause:—

‘(1)
The Secretary of State shall make provision for accounting guidelines for persons

and organisations offering care services to be published.

(2)
All persons and organisations offering care services shall have a duty to follow

guidelines published in accordance with subsection (1) in charging for those

services and shall, in particular, ensure that all accounting paperwork is easy to

understand, fully explains any interface with the local authority and is complete.’.



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