House of Commons Amendments

Session 2013 - 14
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Other Bills before Parliament

Public Bill Committee: 14 January 2014
97

Care Bill-[Lords], continued

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

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

Public Bill Committee: 14 January 2014
98

Care Bill-[Lords], continued

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—

(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.

Public Bill Committee: 14 January 2014
99

Care Bill-[Lords], continued

(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.
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’.

Adult safeguarding access order

Paul Burstow

Sarah Newton

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—

Public Bill Committee: 14 January 2014
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Care Bill-[Lords], continued

(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—

(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.

Public Bill Committee: 14 January 2014
101

Care Bill-[Lords], continued

(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

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.’.

Public Bill Committee: 14 January 2014
102

Care Bill-[Lords], continued

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

(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.

Public Bill Committee: 14 January 2014
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Care Bill-[Lords], continued

(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 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



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