House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Public Bill Committee: 16 January 2014
136

Care Bill-[ [], continued

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.’.

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.’.

Public Bill Committee: 16 January 2014
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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.’.

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.’.

Public Bill Committee: 16 January 2014
138

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Corporate responsibility for neglect

Nick Smith

Liz Kendall

Mr Jamie Reed

Meg Munn

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.

(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.’.

Public Bill Committee: 16 January 2014
139

Care Bill-[ [], continued

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.’.

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—

Public Bill Committee: 16 January 2014
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(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.’.

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;

Public Bill Committee: 16 January 2014
141

Care Bill-[ [], continued

(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;

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.



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