House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Public Bill Committee: 4 February 2014
279

Care Bill-[Lords], continued

Duty of candour

Liz Kendall

Mr Jamie Reed

Meg Munn

NC22

To move the following Clause:—

‘(1)
Local authorities must take reasonable steps to create an open and honest culture

that enables employees to report reasonable suspicions of abuse and neglect of

individuals in the care of the local authority or a provider commissioned by the

local authority.

(2)
“Reasonable steps” include—

(a)
ensuring that staff are aware of and trust processes open to them;

(b)
provision of advice about the process;

(c)
review of procedures; and

(d)
regular communications to staff about the processes.’.

Offence of abuse of adult in care

Paul Burstow

NC23

To move the following Clause:—

‘Any person who wilfully causes or permits an adult who has care and support

needs to suffer physical or mental pain or injury or, having the care or custody of

that adult, wilfully causes or permits the person or health of that adult to be

injured, including through the neglect of their care and support or health needs,

or wilfully causes or permits that person to be placed in a situation that endangers

his or her person or health, including mental health, is liable—

(a)
on summary conviction, to imprisonment for a term not exceeding 12

months or a fine not exceeding the statutory maximum or both,

(b)
on conviction on indictment, to imprisonment for a term not exceeding

five years or a fine or both.’.

Offence of corporate neglect

Paul Burstow

NC24

To move the following Clause:—

‘In section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007,

insert—

Public Bill Committee: 4 February 2014
280

Care Bill-[Lords], continued

“1A
Corporate neglect

(1)
An organisation to which this section applies is guilty of an offence if the

way in which its activities are managed or organised—

(a)
cause a person to suffer abuse or neglect;

(b)
amounts to a gross breach of a relevant duty of care owed by the

organisation to the person who suffers abuse or neglect; and

(c)
the offence under this subsection is called corporate neglect.’.

Assessment of care and support needs of persons detained under mental health legislation

in police cells

Dr Sarah Wollaston

Paul Burstow

NC26

To move the following Clause:—

‘(1)
Police constabularies must record the following information about persons under

18 years of age detained in police cells under section 136 of the Mental Health

Act 1983—

(a)
the age of each such detainee;

(b)
the period of time each detainee was accommodated in a police cell;

(c)
what assessments of—

(i)
medical; and

(ii)
social care and support


needs were made and by whom; and

(d)
what the result was in each case.

(2)
The Secretary of State must publish an annual report containing the number of

persons detained in police cells under the Mental Health Act 1983 broken down

by—

(a)
police authority area;

(b)
age of detainee; and

(c)
length of detention.

(3)
Within 12 months of this Act coming into force, the Secretary of State must

prepare and lay before each House of Parliament a report on the implications for

the effective, efficient and economic provision of integrated health and social

care arising from the imposition of a charge upon local authorities and NHS

commissioning bodies, as appropriate, for the use of police cells for the detention

of persons under mental health legislation.’.

Public Bill Committee: 4 February 2014
281

Care Bill-[Lords], continued

Registration of Healthcare Support Workers

Mr Jamie Reed

Liz Kendall

NC27

To move the following Clause:—

‘(1)
The Secretary of State must by regulations provide for a system of registration of

healthcare support workers (“the registration system”) under which no

unregistered person should be permitted to provide for reward direct physical care

to patients currently under the care and treatment of a registered nurse or a

registered doctor in a hospital or care home setting.

(2)
The system shall apply to healthcare support workers, whether they are working

for—

(a)
the NHS,

(b)
independent healthcare providers,

(c)
in the community,

(d)
for agencies, or

(e)
as independent agents.

(3)
Persons care for members of their own family or caring for persons with whom

they have a genuine social relationship shall be exempt from the provisions of

subsections (1).

(4)
The registration system shall include a national code of conduct for healthcare

support workers.

(5)
The registration system shall include national standards for education and

training of healthcare support workers.

(6)
The code of conduct, education and training standards and requirements for

registration for healthcare support workers shall be prepared and maintained only

after consultation with all relevant stakeholders including, but not limited to—

(a)
regulatory bodies,

(b)
professional representative organisations, and

(c)
the public.’.

Delegation of functions relating to deferred payment agreements and loans

Grahame M. Morris

NC29

To move the following Clause:—

‘(1)
The Secretary of State may make arrangements for any person or body specified

in the arrangements to exercise on behalf of local authorities, to such extent as is

so specified, any function exercisable by local authorities by virtue of regulations

under section 34.

(2)
Any arrangements made under subsection (1) shall not prevent local authorities

from exercising the function in question themselves.

(3)
The Secretary of State may pay to any body or person by whom any function is

exercisable by virtue of subsection (1)—

(a)
such amounts as he considers appropriate for the purpose of meeting

expenditure incurred or to be incurred by that body or person by way of

Public Bill Committee: 4 February 2014
282

Care Bill-[Lords], continued

administrative expenses in, or in connection with, the exercise of that

function;

(b)
such remuneration as he may determine.

(4)
Any payment under subsection (3)(a) may be made subject to such terms and

conditions as the Secretary of State may determine; and any such conditions may

in particular—

(a)
require the provision of returns or other information before any such

payment is made;

(b)
relate to the use of the amount paid or require the repayment in specified

circumstances of all or part of the amount paid.’.

Adult safeguarding access order

Paul Burstow

Dr Sarah Wollaston

NC30

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.

(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)
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)
a notice has been served on 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);

(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;

Public Bill Committee: 4 February 2014
283

Care Bill-[Lords], continued

(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); and

(g)
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 shall be accompanied by a constable;

and

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

(6)
An adult safeguarding access 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 as the authorised circuit judge deems it necessary

to attach.

(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—

(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.

(11)
Subsections (2)(c) and (4)(d) refer to a person under constraint; or subject to

coercion or undue influence; 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.’.

Public Bill Committee: 4 February 2014
284

Care Bill-[Lords], continued

Norman Lamb

25

Title,  line  5,  after ‘Authority;’ insert ‘to make provision about integrating care and

support with health services;’.

Order of the House [16 December 2013]

That the following provisions shall apply to the Care Bill [Lords]:

Committal

1.
The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on 4 February 2014.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.
Proceedings on Consideration and Third Reading shall be concluded in two

days.

5.
Proceedings on Consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

second of those days.

6.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

7.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings on Consideration and Third Reading.

Other proceedings

8.
Any other proceedings on the Bill (including any proceedings on

consideration of any message from the Lords) may be programmed.

Order of the Committee [9 January 2014]

That—

(1)
the Committe shall (in addition to its first meeting at 11.30 am on Thursday

9 January) meet—

(a)
at 2.00 pm on Thursday 9 January;

(b)
at 8.55 am and 2.00 pm on Tuesday 14 January;

(c)
at 11.30 am and 2.00 pm on Thursday 16 January;

(d)
at 8.55 am and 2.00 pm on Tuesday 21 January;

(e)
at 11.30 am and 2.00 pm on Thursday 23 January;

(f)
at 8.55 am and 2.00 pm on Tuesday 28 January;

(g)
at 11.30 am and 2.00 pm on Thursday 30 January;

(h)
at 8.55 am on Tuesday 4 February;

(2)
the proceedings shall be taken in the following order: Clauses 1 to 39;

Schedule 1; Clauses 40 to 43; Schedule 2; Clauses 44 to 73; Schedule 3;

Clause 74; Schedule 4; Clauses 75 to 94; Schedule 5; Clauses 95 to 102;

Public Bill Committee: 4 February 2014
285

Care Bill-[Lords], continued

Schedule 6; Clauses 103 to 107; Schedule 7; Clauses 108 to 111; Schedule 8;

Clauses 112 to 125; new Clauses; new Schedules; remaining proceedings on

the the Bill.

(3)
the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 11.25 am on Tuesday 4 February.



© Parliamentary copyright	Revised 4 February 2014